LAWS(ALL)-2018-12-37

MINTU Vs. STATE OF U P

Decided On December 11, 2018
Mintu Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned AGA for the State.

(2.) By means of this application, the applicant who is involved in case crime no. 285 of 2018, under Section 304 I.P.C., P.S. Khekara, district-Baghpat and is in jail since 19.5.2018, is seeking enlargement on bail during the trial.

(3.) Learned counsel for the applicant submitted that the applicant has not committed any offence and he has been falsely implicated in the present case. The F.I.R. of this case transpires that the accused-applicant had thrown bricks at the deceased and by throwing bricks the deceased sustained serious and died after 2-3 days. He next submitted that the applicant had no intention to eliminate the deceased and he has not thrown the bricks with the intention to cause death. He also submitted that the deceased Akash was habitual of wine drinking and due to drinking he fell down and received injuries. He lastly submitted that the applicant has no criminal history. He is languishing in jail since 19.5.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.