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Jai Ram Diwakar v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 21702 of 2005  RD-AH 6245 (23 November 2005)
Court No. 19
Crl. Misc. Bail Application No. 21702 of 2005
Jai Ram Diwakar .....Vs.....State of U.P.
Hon'ble Alok Kumar Singh, J.
Heard learned counsel for the applicant and learned A.G.A. and also perused the material on record.
The applicant Jai Ram Diwakar is involved in case crime No 50 of 2005, for the offences under Sections 302 I.P.C, Police Station Aung, district Fatehpur.
According to the prosecution on 4.7.2005 at about 4.30 a.m. Ram Charan Diwakar was killed by his younger son Jai Ram Diwaker ( applicant) while he was sleeping in the Baramda of the house. This murder was caused by him because his father had transferred 10 biswas of land in the name of his elder son's son ( grand son). This occurrence was witnessed by the elder son Ramesh Chandra Diwaker who was also sleeping in the same residence. After hearing the noise of firing he woke up and saw his younger brother in the light of torch. He was going towards field having tamancha in his hand. The report was lodged at 6.45 a.m. On behalf of the applicant it is argued that in the year 2003 his father had transferred comparatively costlier land in his favour. Therefore, there was no question of his being annoyed with his father. It was also emphasized that the single fire arm injury measuring 6cmx2.5cm could not have been caused by 12 bore pistol. It was also argued that only 25 pellets were recovered from the dead body as against more than 100 pellets which are normally found in a 12 bore cartridge . The learned A.G.A. on the other hand opposed the bail application on the ground that the F.I.R. was lodged promptly and the recovery of the country made pistol has been made from the possession of the accused at his pointing out. Besides Pankaj aged about 5 years the son of the accused has also stated that during that night while he was sleeping by the side of his father, He took out a small pistol from his box and told him that he will be coming back just now but he did not return immediately.
In view of the entire facts and circumstances of this case and submissions made before this Court, without any prejudice to the merit of the case I do not find sufficient ground for granting bail at this stage. The application is rejected.
Learned Sessions Judge is, however, directed to make every endeavour to conclude the trial as early as possible preferably within 4 months.
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