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2013 Supreme(All) 2915
ALLAHABAD HIGH COURT
Virendra Vikram Singh, J.
Badan Singh - Appellant
Versus
State of U.P. - Respondent
Criminal Misc. Bail Application No. 5589 of 2012
Decided On : 08-02-2013
Petitioner Counsel:- Abhay Raj Singh,Ram Babu Sharma
Respondent Counsel:- Govt. Advocate
The presence of a fatal injury and the delay in FIR can be crucial factors in deciding a bail application, with the trial court having the privilege to examine the delay and the need to expedite the trial.
Headnote:
Bail Application - Delayed FIR and Fatal Injury - The court rejected the bail application of the accused based on the delayed FIR and the presence of a fatal injury inflicted by the accused, emphasizing the trial court's privilege to examine the delay in FIR and the need to expedite the trial.
Fact of the Case:
The accused applied for bail in a case involving the assault and death of the deceased, with the defense arguing that the FIR was delayed and the case was false.
Finding of the Court:
The court found no good ground for bail due to the presence of a fatal injury inflicted by the accused and the delayed FIR, directing the trial court to expedite the trial.
Issues: Bail application based on delayed FIR and fatal injury
Ratio Decidendi: The delay in FIR and the presence of a fatal injury were crucial factors in rejecting the bail application, with emphasis on the trial court's privilege to examine the delay and the need to expedite the trial.
Final Decision: The bail application was rejected, with the trial court directed to expedite the trial.
Virendra Vikram Singh, J.
This is an application for bail moved on behalf of the accused-applicant Badan Singh, involved in case crime no. 1747 of 2011, under section 302 @ IPC, P.S. Ujhani, District Budaun.
Heard learned counsel for the applicant, learned Additional Government Advocate and perused the record.
2. As per the prosecution version, Jassu, the father of the applicant, eloped twenty years back and by the family members of the deceased, Bhure Singh the deceased in the present case was suspected to have done the same.
3. It is said that due to this enmity, in the intervening night of 5/6.9.2011, the applicant along with his two associates surrounded Bhure Singh and assaulted him with "spade" and "lathi". The applicant has been assigned the specific weapon, the "spade" with him in the FIR.
4. The argument is that the FIR is delayed and in fact the dead body was recovered some time early in the morning and thereafter this false case was concocted.
5. It has further been argued that two persons were also shown to have Lathi, but no corresponding injuries were found over the dead body.
6. So far the enmity is concerned, it is a double edged weapon and it may cut either of the two side. About the delay in FIR, it is a privilege of the trial court to examine whether the delay is fatal to the prosecution case or whether the delay stands properly explained.
7. The chik report shows that the police station is situated at the distance of 8.00 Kms. The applicant has been assigned with a definite role that he inflicted the "spade" on the deceased. Corresponding injury has been noted in the post-mortem report which was an incised wound of 14 cm X 11cm through and through at level of C-3. On dissection the muscles, vessels, nerves and ligaments were found lacerated.
8. There is mention in the FIR that there was moon light and torch with the witness as a source of light.
9. The applicant has been assigned with a definite role and there is corresponding fatal injury to the deceased.
10. Having considered the facts and circumstances of the case, I do not find any good ground for bail.
11. The application for bail is hereby rejected.
12. However, the trial court is directed to expedite the trial considering the pendency of cases before it.
