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Balbir v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 13568 of 2005 [2006] RD-AH 8679 (1 May 2006)


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Court No. 54


Balbir Vs. State of U.P.

Hon. Mrs. Poonam Srivastava, J.

Heard Sri P. N. Mishra, Senior Advocate, assisted by Sri Apul Mishra, learned counsel for the applicant, Sri D.R. Chaudhary Advocate for the complainant and learned A.G.A. for the State.

The occurrence is at 1.30 P.M. and the report has been registered on the same day at 3.15 P.M. The allegation against the applicant is that the accused have entered the house of the deceased and caused fire arm injuries, which resulted in his death. The argument on behalf of the applicant is that the deceased had a number of enemies and he was man of easy virtue and it is not very unlikely that he was killed by such persons who had an axe to grind against him. The second submission is that the eye witness Tejveer Singh has given out his statement under Section 161 Cr.P.C. to the effect that each of the assailants have fired one shot but the injuries show that there are three wounds of entry. There is no explanation of the third entry wound, which makes it evident that more than two accused have participated in the crime and no one has seen the occurrence.

Sri D.R. Chaudhary has opposed the bail application. It is submitted by the counsel for the complainant that it is day light murder inside the house. Besides, in the counter affidavit a copy of the report dated 6.11.2004 shows that the deceased was assaulted previously by the accused including the present applicant. Annexure-CA-1 is the report of assault.

Taking into consideration all the facts and circumstances of the case, I am not inclined to grant bail. The bail application is accordingly rejected.

Learned Sessions Judge, Bulandshahar is directed to expedite and conclude the trial as expeditiously as possible, preferably within a period of six months from the date, a certified copy of this order is produced before him without granting undue adjournment to either parties unless and until compelling circumstances arise to do so.  




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