Balbeer Singh Dua Alias Shinku S/O ... vs State Of U.P. ...
2022 Latest Caselaw 19203 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4330 of 2022
 

 
Applicant :- Balbeer Singh Dua Alias Shinku S/O Late Jaswant Singh (Second Bail)
 
Opposite Party :- State Of U.P. Thru.Prin.Secy.Home Deptt.
 
Counsel for Applicant :- Ram Kumar Singh,Manoj Kumar Shukla
 
Counsel for Opposite Party :- G.A.,Subhash Bisaria
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Heard learned counsel for the parties and gone through the entire record on this second application for bail.

The first application for bail moved on behalf of the accused-applicant was rejected by this Court vide order dated 20.09.2021 passed in Criminal Misc. Bail Application No.7568 of 2018.

2. By means of this application under Section 439 CrPC, the accused-applicant seeks bail in Sessions Trial No. 72 of 2018, arising out of FIR No.0266 of 2017, under Section 147, 148, 149, 302, 34 and 506 IPC read with Section 7 Criminal Law Amendment Act lodged at Police Station Naka, District Lucknow.

3. The accused-applicant has criminal history of several offences, including the offence under Section 147 and 307 IPC read with Section 7 Criminal Law Amendment Act, which was in respect of attempt to murder of the deceased; in the said ofence, the accused-applicant has been convicted vide judgment and order dated 22.01.2019 and sentence of six years rigorous imprisonment has been awarded to him. It appears that the whole incident was captured in cctv; the deceased was informant of the offence under Sections 147 and 307 IPC registered against the accused-applicant in which the accused-applicant has been convicted and sentenced; the deceased was killed allegedly by the accused-applicant.

4. Learned counsel for the respondents submit that statement of the accused-applicant under Section 313 CrPC is to be recorded.

5. Considering the fact that the accused-applicant is having a long criminal history and also the fact that the accused-applicant has been convicted for an offence of attempt to murder of the deceased, this Court does not deem it appropriate to enlarge the accused-applicant on bail.

6. REJECTED.

7. However, the learned trial Court is directed to proceed with the trial and conclude the same expeditiously, say within a period of six months from the date certified copy of this order is submitted/served.

[D.K. Singh, J.]

Order Date :- 29.11.2022

MVS/-