AMAN ANAND TYAGI Vs. STATE OF M P

JUDGEMENT

(1.) The applicant has filed this first bail application under section 438 of Cr.P.C. for grant of anticipatory bail. The applicant apprehends his arrest in connection with Crime No.315/2019 registered at Police Station University, District Gwalior in relation to the offence punishable under Sections 279, 337 and 304 of IPC.

(2.) As per prosecution story, on 09.09.2019 about 10:00 PM while driving bullet motor-cycle bearing Registration No.MP07-MB-9373 rashly and negligently, the applicant dashed Anushka Banshkar aged about 8 years who sustained injuries on his back and stomach which led to her death.

(3.) Learned counsel for the applicant submits that the applicant is a student and young boy of 20 years. The offence under Section 304 of IPC is not attracted in the facts of the present case as the applicant had neither any intention to cause death of the deceased nor he can be fastened with knowledge necessary to constitute the offence under Section 304 of IPC. Inasmuch as one cow suddenly came in between the road and dashed the present applicant, the incident occurred. Therefore, at the most, offence under Section 304-A of IPC is made out, which is bailable in nature. The applicant has no criminal antecedent. There is no possibility of his absconding or tampering with the prosecution evidence. If he is kept in custody with hardened criminals, his career will be ruined. Hence, counsel for the applicant prays for grant of anticipatory bail to the applicant.