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RISHI PAL versus STATE OF U.P.

High Court of Judicature at Allahabad

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Rishi Pal v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 8680 of 2004 [2005] RD-AH 28 (1 January 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.

The accused applicant Rishi Pal has prayed for release on bail in case Crime No. 184 of 2003 under Sections 302, 307 and 504 IPC, P.S. Dhanari, District Budaun.

According to prosecution case, the accused is alleged to have fired at Mahesh on 16.12.2003 at about 8.15 a.m. causing him fatal injury. The accused on 14.12.2003 had left some liquor pouches at the house of the complainant.  Thereafter he complained that they were short in number. The complainant told him that he had not taken any of the pouch, although his money was due against him. On the time of incident the accused along with three others came to the house of the complainant and there fired with country made pistol at Mahesh, which hit him in stomach region. He died at the spot. In that incident it is also alleged that co accused Suresh fired at Smt. Sonwati and Surveer. Postmortem report shows that the the deceased received one gun shot wound of entry. In this incident Smt. Sonwati and Surveer also received injuries.

Learned counsel for the applicant has contended that the accused has been falsely  implicated in this case and that Smt. Sonwati did not receive any fire arm wound. He has further contended that the witnesses Veerpal, Rambabu have filed affidavits and have not supported the prosecution case.

Learned A.G.A. contended that the injury report of Surveer shows that he received firearm injuries. He further contended that affidavits as filed by the witnesses are not admissible in evidence and importance cannot be attached to them. The complainant and injured present have not filed any affidavit.

Considering the facts and circumstances of the case, but without prejudice to the merits of the case, accused is not entitled to bail and his bail application is liable to be rejected.

Bail application of the accused is hereby rejected.

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.

Dated: 1.8.2005

RKS/8680


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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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