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Ravinder v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 9587 of 2004  RD-AH 4618 (21 October 2005)
Hon'ble M. K. Mittal, J.
Heard Sri R. P. S. Chauhan, learned counsel for the applicant, learned A.G.A. and perused the record.
Accused applicant Ravinder son of Prithi Pal Singh has prayed for bail in case Crime No. 190 of 2003 under Sections 147, 148, 149, 302, 307, 452 and 504 IPC, P.s./ Kundarki, District Moradabad.
Prosecution case is that the accused in the night of ½-9-2003 at about 12.30 a.m., entered in the house of the complainant Akhilesh. At that time the complainant, mother, father and Bhabhi and sister were sleeping in the room. The door of the room was open and lamp was burning. Co accused Prithi Pal Singh started abusing the mother of the complaint and on this all of them woke up and said as to why they had come in the night. Co accused said that they had given evidence against them in the Court, although, they were asked not to do so. Thereafter Prithi Pal Singh, Ravinder, Jasveer fired at the mother of complainant and the other co accused also gave knife blows to the complainant and others. Complainant and his father also received injuries. His mother received three fire arm shots and died at the spot.
Post mortem report of Smt.Vimla shows that she received 3-4 entry wounds.
Learned counsel for the accused applicant has contended that the applicant has been wrongly implicated in this case but the contention of learned A.G.A. is that the applicant and co-accused fired and killed Smt.Vimla and also caused injuries to the complainant and his father and incident took place inside the house of the complainant and the presence of inmates cannot be doubted.
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.
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 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 ensure the presence of the witnesses.
Copy of this order be sent to learned Trial Court within a week.
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