High Court of Judicature at Allahabad
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Amresh Singh v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 9198 of 2006  RD-AH 10578 (6 June 2006)
Court No. 10
Criminal Misc. Bail Application No. 9198 of 2006
Amresh Singh Versus State of UP
It is alleged that the deceased Sanjay won the election of Pradhanship giving defeat to the candidate of Balram Singh, the ex-pradhan; that on 24.9.2005 co-accused Rupesh Singh @ DM took the deceased Sanjay from the deceased house. As soon as they reached near the culvert of Kharagpur the applicant Amresh Singh and co-accused Ashish Singh bothappeared there. Two peersons caught hold of deceased Sanjay and the applicant committed his murder. The occurrence took place at 12.30 , in the noon. The FIR was lodged the same at 1.40 PM.
The learned counsel for the applicant argued that the FIR was lodged anti time, the deceased was killed by unknown and unidentified person in the wee hours and the applicant was falsely implicated. He drew my attention towards the post mortem report which was conducted the same at 4.45 PM and wherein the duration of death is mentioned as half day back. The rectum was found loaded. He further argued that constable Shiv Lochan stated that after submission of the written report, the complainant sent message that Sanjay has died.
The learned counsel for the complainant submitted that the applicant has a long criminal history. There is no
mention either in the bail application or in the affidavit filed in support of it that there is no criminal history against him. The learned AGA told that for want of a claim that the applicant has no criminal history, the criminal history of the applicant could not be summoned.
The criminal history some time plays a material role, therefore, it is always incumbent upon the learned AGA to sumon the criminal history and to put the same before the Court at the time of argument or before it. Ignoring the criminal history, if any, but considering that the occurrence took place in broad day light in the noon and that the name of the applicants finds place in the FIR which was lodged promptly and after considering that the applicant played the prime role in the commission of the murder, I do not find it a fit case for bail.
The application is rejected.
A copy of this order be sent to the learned Govt. advocate to be circulated among all the AGAs and to take necessary steps to ensure that the report regarding criminal history must reach before the Court on or before the date of hearing of the bail application.
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