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UDAIVEER @ KALA versus STATE OF U.P.

High Court of Judicature at Allahabad

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Udaiveer @ Kala v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 19876 of 2004 [2005] RD-AH 3233 (20 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.

Accused applicant Udaiveer @ Kala son of Natthu Singh has prayed for release on bail in case crime no. 97 of 1999 under Sections 147, 148, 149, 302 IPC, P.S. Nai Mandi, District Muzaffarnagar.

Prosecution case is that on 19.3.1999 at about 9.30 a.m., the complainant Devendra his cousin Brijpal Singh, uncle Satyaveer and their two daughters Nilu and Sundari were sitting in their house and were talking. At that time accused along with his brother Pushkar and one sister and three more persons came there and they fired at Brijpal Singh with intention to kill him. He tried to run but fell down when he was being taken to the hospital, he died in the way.

Post mortem report shows that the deceased received as many as eight firearms entry wounds and two  exit wounds.

Learned counsel for the applicant has contended that the applicant has been falsely implicated in this case   as there was earlier enmity as brother of the applicant was murdered in the year 1997 and in that case deceased and first informant were accused. Subsequent to this incident, co accused Pushkar is reported to have been killed.

Learned counsel for the accused applicant has further contended that no blood was found at the place of occurrence. He also contended that no mention of the fact that dead body was being  taken in Tractor Trauli has been made in the F.I.R. But the learned A.G.A. has contended that the witnesses were present and they have seen the incident. There is no reason for false implication of the accused.

Post mortem report also shows that about two litres of clotted fluid and blood was found inside the body. The F.I.R. shows that the deceased was being taken to the Hospital when he died in the way. If specific mention of Tractor Trauli has not been made in the F.I.R. it is not material.

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

The application of the accused for bail 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 three months from the date of receipt of this order. Learned Trial Court is further directed to take necessary coercive steps against the witnesses if necessary to conclude the trial within stipulated time. 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 : 20.9.2005

RKS/19876/04


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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