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SUNIL KUMAR SINGH ALIAS BABLOO versus STATE OF U.P.

High Court of Judicature at Allahabad

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Sunil Kumar Singh Alias Babloo v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 15778 of 2005 [2006] RD-AH 7894 (18 April 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

COURT NO. 54

CRIMINAL MISC. BAIL APPLICATION NO. 15778 OF 2005

Sunil Kumar Singh @ Babloo.....................Applicant.

                   Versus

State of U.P............................................Opposite Party.

Hon. Mrs. Poonam Srivastava, J.

Supplementary affidavit filed today, which is kept on record.

Heard Sri Satish Trivedi, Senior Advocate, assisted by Sri Roshan Khan, Advocate, and Sri O.P. Singh, learned counsel appearing for the complainant.

The first submission on behalf of the applicant is that according to narration of the First Information Report, the applicant is alleged to have fired from a very close range but there is no blackening, tattooing and charring, therefore, case of the prosecution stands completely belie on the face of the ante mortem injuries as shown in the post mortem report.  Next submission is that according to the statement of Anuj Pratap Singh recorded under Section 161 Cr.P.C., who is said to be eye witness, the entire prosecution version is changed. Statements of the first informant and the eye witness have been annexed as annexure nos. S.A. 1 and S.A. 2.  It is also argued that the place of occurrence has been changed according to the site plan, which is annexed with the supplementary affidavit. Sri Singh and learned A.G.A. have countered each and every argument of Sri Trivedi.  It is submitted that firing was resorted from only a close proximity.  Site plan shows that firing was resorted from the place "D" and the injured was at place "X". There is a  distance of three meters between D and X and, therefore, if there is no blackening or charring, entire prosecution story cannot be disbelieved. Besides, it is a day light occurrence at 11:30 a.m. and the First Information Report was registered at 2:30 p.m. Specific role of shooting has been assigned to the present applicant. The arguments advanced are to be considered during the trial. I am not inclined to grant bail at this stage. The bail application is, accordingly, rejected.

Learned Sessions Judge is directed to expedite and conclude the trial in accordance with law expeditiously, preferably, within a period of six months from the date a certified copy of this order is produced before him.  

Office is directed to send a copy of this order to the learned Sessions Judge to enable him to expedite the trial and ensure that no adjournment shall be granted to the parties.

Dt. 18.4.2006

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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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