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BALKU versus STATE OF U.P.

High Court of Judicature at Allahabad

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Balku v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 11399 of 2005 [2005] RD-AH 2753 (13 September 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).

HIGH COURT OF JUDICATURE OF ALLAHABAD

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  accused has been falsely implicated in the case crime no. 300 of 2004 under Sections 302 IPC, P.S. Rajpura, District Badaun.

As per F.I.R. lodged by Smt. Kitab Devi w/o deceased Veer Pal Singh, the accused Balku had taken her husband to his house on 21.10.2004 at about 9 p.m. After some time she heard the noise and ran towards the house of  Balku along with her Jeth and son and saw that Balku was giving Banka blows to her husband. At that time co accused  had also given danda blows. In the circumstances, Veer Pal Singh was badly injured and he fell down and after some time he breathed his last.

The villagers also came and the complainant could not make any arrangement in the night and came to the Police Station on foot next morning and lodged the report at 9.05 a.m, the distance being 10 kms from the place of occurrence.

The post mortem report shows that the deceased received five incised wounds and one abraded contusion. The learned counsel for the applicant has contended that there was no intention on the part of the accused to commit murder. He has further contended that the deceased and the accused were friends and that the deceased had come to the house of the accused. There was some sudden provocation and on that account the incident took place. But the statement of the witnesses as recorded under Section 161 Cr.P.C. shows that deceased was taken by the accused to his home and was given blows by the accused persons and in the circumstances, accused is not entitled to bail and his application is liable to be rejected.

Bail application of the accused 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 speedy trial. Learned Trial Court shall make every effort to conclude the trial within a period of six months from the date of receipt of this order.  

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

Dated : 13.9.2005

RKS/11399/05


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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