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Pramod v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 9930 of 2005 [2005] RD-AH 3519 (24 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).


Hon'ble M. K. Mittal, J.

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

Counter and rejoinder affidavits have been exchanged.

Prosecution case is that on 29.10.2004 at about 7.30 a.m., accused along with other co accused attacked the brother of the complainant and also the father of the complainant resulting in their death. Accused is alleged to have been carrying country made pistol and the deceased received fire arm injuries.

Learned counsel for the accused applicant has contended that accused has been falsely implicated on account of enmity as the deceased was an accused in a murder case of the father of the applicant which had taken place about 20 years ago and in that matter after conviction the deceased was on bail.

Learned A.G.A. has contended that on account of enmity as mentioned, the applicant and others attacked the deceased persons and killed them.

Considering the facts and circumstances, but without prejudice to the merits of the case, accused is not entitled to bail and his application is liable to be 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 coercive steps against the witnesses if necessary to ensure their presence. Copy of order be sent within a week.

Dated : 24.9.2005



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