ANIL KUMAR MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Rajiva Dubey, learned counsel for the applicant, Sri Balkeshwar Srivastava, learned counsel for complainant, learned A.G.A. for State and perused the material available on record.

(2.) This bail application has been filed by the accused-applicant-Anil Kumar Mishra, involved in Case Crime No. 705 of 2018, under Sections 307 and 302 I.P.C., Police Station Mohammadi, District Lakhimpur Kheri.

(3.) It has been contended by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case for harassment on account of village rivalry. He further submits that as per postmortem report, fire arm injury was found on the body of the deceased is responsible for his death. He further submits that as per statement of witness-Abhishekh Shukla, accused-applicant-Anil Kumar Mishra was having Lathi / Danda at the time of incident and assaulted his father. In the statement under Section 161 Cr.P.C. made by victim before the Police, name of accused-applicant was not disclosed by the victim. He further contended that if applicant is granted bail by this Court, he shall not misuse the liberty of bail. The applicant is languishing in jail since 29.12.2018. He further contends that applicant has neither any criminal history nor any previous conviction.