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HARI OM versus STATE OF U.P.

High Court of Judicature at Allahabad

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Hari Om v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 8107 of 2006 [2006] RD-AH 9683 (17 May 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. 8107 OF 2006

Hari Om............................................Applicant.

                   Versus

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

Hon. Mrs. Poonam Srivastava, J.

Heard Sri Rajul Bhargava learned counsel for the applicant, Sri Pankaj Kumar Shukla, Advocate appearing for the complainant and learned A.G.A. for the State.

The occurrence is alleged to have taken place at 2:00 p.m. on 11.2.2006 and the First Information Report has been registered on the same day at 9:30 p.m. The applicant along with other co-accused are alleged to have caused injuries by Lathi, Danda, Rod and Bricks to deceased Vijai.  Injury report shows that there are three contusions and three abrasions received by the deceased.  There is fracture of frontal and right parietal bone, which resulted in death of the deceased.  

Argument advanced on behalf of the applicant is that the complainant has stated that when he arrived after hearing shrieks of the deceased, he saw the applicant and other co-accused wielding blows to his brother Vijai, who was in pool of blood.  Besides, witness Sarnam Singh has also received injuries.  Statement of Sarnam Singh recorded under Section 161 Cr.P.C. has been placed to show that he has not stated anywhere in his statement that he received any injury whatsoever.

Sri Shukla has placed copy of injury report of Sarnam Singh, which was examined after lapse of six or seven days. However, since it is a broad day light occurrence and participation of the accused stands substantiated. Delay in lodging the First Information Report has been explained by the complainant that he had taken the deceased to Aligarh Medical College, where he died.  After returning from Aligarh, the report was lodged.

In the circumstances, I do not find it a fit case for bail. The bail application is rejected at this stage.

Learned Sessions Judge concerned 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 Sessions Judge concerned within a period of ten days from today.

Dt. 17.5.2006

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Copyright

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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