Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38244 of 2019 Applicant :- Kinshuk Bansal Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashish Bajpayee Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over application moved for grant of anticipatory bail moved under Section 438 Cr.P.C. by Kinshuk Bansal, in Case Crime No. 95 of 2019, under Section 305 I.P.C., Police Station Kotwali Katra, District Mirzapur.
Learned counsel for the applicant argued that accused applicant is innocent. He has been falsely implicated in this report, which was lodged on 12.3.2019 for occurrence of 20.2.2019 wherein accusation was made against unknown for offence punishable under Section 305 of I.P.C. that Deepakank Dubey son of Manish Dubey student of Class VII, aged about 13 years 7 months, was being terrorized and tortured physically and mentally, resulting commission of suicide at 9 P.M. on 20.2.2019. This was there in the recording of C.C.T.V. camera of school concerned whereas applicant is of no concern. Hence, this anticipatory bail application.
Learned A.G.A. opposed the prayer for anticipatory bail application with specific objection that as per Section 438 (6) Cr.P.C., provision of Section 438 Cr.P.C. will not be applicable in offence, in which death sentence can be awarded whereas Section 305 of I.P.C. is punishable with death sentence. Hence, this provision of 438 Cr.P.C. is not applicable. Bail be rejected.
Having heard learned counsels for both sides and gone through the First Information Report, it is apparent that this case crime number was registered for offence punishable under Section 305 of I.P.C. for which punishment of death is there. Looking to the nature and gravity of accusation, this Section 438 Cr.P.C. is not applicable in this case.
In view of aforesaid, the application for anticipatory bail is, accordingly, rejected.
Order Date :- 26.9.2019 Kamarjahan