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Firoz Khan v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 18984 of 2005  RD-AH 5205 (7 November 2005)
Hon'ble M. K. Mittal, J.
Heard learned counsel for the accused applicant, learned A.G.A. and perused the record.
Counter affidavit and supplementary affidavit filed today be taken on record.
Accused applicant Firoz Khan son of Muntiyaz Khan @ Nanhey Khan has prayed for release on bail in case Crime NO. 203 of 2005 under Section 302 IPC P. S. Binawar, District: Budaun.
According to prosecution case, accused is alleged to have committed murder of his own father Muntiyaz Khan in the night of 2/3-6-2005 at about 11 p.m. F.I.R. lodged by elder brother of the deceased on 3.6.2005 at about 4 p.m. shows that Muntiyaz Khan had three sons and three daughters from first wife who is alive. Muntiyaz Khan had second marriage and this annoyed first wife and her children. Both the wives lived separately. In the night of 2/3-6-05 at about 11 p.m., Muntiyaz Khan was abusing while he was in drunken condition. His son asked him not to abuse. When Muntiyaz Khan was coming down the stairs, accused applicant gave the blow with wooden fanti on the head of Muntiyaz Khan as a result of which he died on the spot.
The post mortem report shows that deceased received one lacerated wound on back of his head in left side and cause of death has been noted as brain haemorrhage due to ante mortem head injuriy.
Learned counsel for the accused applicant has contended that accused has been falsely implicated in this case and that he had no intention to kill his father. He has further contended that there was no light and that the first information report was lodged before the incident was committed as is apparent from the F.I.R., which shows that incident took place on 3.6.2005 dh chrh jkr at 11 p.m., whereas the report was lodged on 3.6.2005 at about 4 p.m.. On this basis he has contended that the incident took place on 3.6.2005 at 11 p.m., whereas report was lodged at 4 p.m. But this contention cannot be accepted as the date 3.6.2005 has been qualified by the words chrh jkr which shows that the incident relates to the night of 2/3-6-2005.
The contention of learned A.G.A. is that the accused has killed his father and he is not entitled to bail. Although the accused is alleged to have given one blow but in the circumstances of the case, he is not entitled to bail and application is liable to be rejected.
Application is hereby rejected.
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