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Kamlesh Verma v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 12225 of 2005 [2006] RD-AH 11414 (13 July 2006)


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Court No. 54


Kamlesh Verma Vs. State of U.P.

Hon. Mrs. Poonam Srivastava, J.

Heard Sri Jagdish Singh Sengar and Sri C.P. Upadhyay, learned counsel for the applicant, Sri V.S. Singh Advocate for the complainant and learned A.G.A. for the State.

Counter and rejoinder affidavits have been exchanged which are kept on record.

The deceased was young child who was abducted and killed for non payment of ransom of Rs. 15 lacs. The applicant is not named in the first information report. It has come in the G.D. extract No. 24 dated 21.1.2005 at 2.40 P.M. that the ransom was demanded from Mobile phone which was later on detected to belong to Dashrath Yadav.

The submission on behalf of the applicant is that Dashrath Yadav has been killed immediately after the incident and the applicant has a shop from where Dashrath Yadav had got the mobile recharged. The next submission is that the applicant was taken away along with his brother on 22.1.2005 but was challaned only on 27.1.2005. Telegrams were given to the District Magistrate, Banda, Home Minister, Principal Secretary and Chief Minister. Certified copy of the telegram and its receipts has been brought on record, which is annexed as Annexure-7 to the affidavit.

Counsel for the complainant has emphatically argued that even though the applicant is not named in the first information report, chain is complete. The deceased Dashrath Yadav was close friend and associate of Raj Kumar Gupta. The dead body of the deceased along with other belongings, such as school bag, copies, books, school belt etc. were recovered at the pointing out of the applicant and therefore, he is not entitled to be released on bail.

After hearing the counsel for the respective parties at length and perusal of the documents, case diary and various statements, I do not find it a fit case for grant of bail. The bail application is accordingly rejected.

Learned Sessions Judge, Banda is directed to expedite and conclude the trial as expeditiously as possible, preferably within a period of six months from the date, a certified copy of this order is produced before him without granting undue adjournment to either parties unless and until compelling circumstances arise to do so.




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