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Jai Ram Diwakar v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 21702 of 2005 [2005] RD-AH 6245 (23 November 2005)


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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.

 Dt. 23.11.2005.



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