MOHD. RASHID Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Sri. S.P. Singh Raghav, senior advocate, assisted by Sri. Anil Raghav and Sri. A.M. Zaidi learned Counsel for the applicant, learned A.G.A. for the State of U.P. and Sri. Pulak Ganguly, learned Counsel for the complainant.

(2.) THIS application has been filed by the applicant Mohd. Rashid with a prayer that the may be released on bail in Case Crime No. 263 of 2009 under Sections 147, 148, 149, 323, 504, 506, 452, 307 and 302, I.P.C. P.S. Baheri district Bareilly.

(3.) IT is contended by the learned Counsel for the applicant that the alleged occurrence has taken place in a spur of moment, it was not pre -intended and the applicant was not having any motive to commit the alleged offence even according to the prosecution version the applicant gave single blow of the gupti, the blow has not been repeated and the injuries on the back also shows that the applicant was not having any intention to commit the murder of the deceased. The applicant is an innocent person, he is having no criminal antecedent therefore, he may be released on bail whereas the co -accused Shahid on the person of the injured Farha Bi has been released on bail.