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Dinesh v. State Of U.P - CRIMINAL MISC. BAIL APPLICATION No. 7772 of 2004 [2005] RD-AH 1944 (16 August 2005)


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).


Hon'ble M. K. Mittal, J.

Heard learned counsel for the applicant, learned A.G.A. and perused the  record.

Learned counsel for the applicant has contended that the accused is alleged to have fired at Ghanshyam along with two others on 17.10.2003 at about 3 p.m.. The deceased was  caught by Kamendra whereas other persons fired at him. The post mortem report shows that deceased received three fire arm wounds of entry and two abrasions. Learned counsel for the applicant has contended that the prosecution case is not probable and no body will risk his life and catch hold the person while others are firing. But this contention cannot be accepted as there is nothing improbable in it.

In the facts and circumstances of the case, accused is not entitled to bail and his bail application is liable to be rejected.

Bail application of accused Dinesh is hereby rejected. However  learned Trial Court is directed to expedite the hearing of the case and proceed under Section 309 Cr.P.C. It is expected that the accused shall cooperate in his speedy trial. Learned Trial Court shall make every effort to conclude the trial within a period of three months from the date of receipt of this order. In case the Trial is not concluded within the prescribed time then the concerned Court shall submit a report explaining the reasons for delay.

Copy of this order be sent to learned Trial Court within a week.

Dated : 16.8.2005



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