YUNUS @ BULLA Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS is the first bail application on behalf of the accused-applicant Yunus @ Bulla involved in case crime no.1384 of 2009 under sections 302, 307, 504 I.P.C. pertaining to police station Nazibabad, district Bijnor.

(2.) LEARNED counsel for the applicant submitted that the applicant is innocent and has been falsely implicated due to enmity. The applicant also suffered nine injuries in the incident. After his arrest the applicant was got medically examined on 3.7.2009 by the police and nine injuries were found on his person, which have not been explained by the prosecution. It was contended that injured Khaleel Ahmed stated before the investigating officer that the applicant gave knife blow to Anees and co-accused Gulzar assaulted Khaleel Ahmed with knife, but in the same statement he subsequently stated that Gulzar was not present and he was assaulted by the applicant.

(3.) APPLICANT is named in the F.I.R., which is prompt. All the witnesses have categorically stated that the applicant gave knife blows to the deceased causing his death. The injury report relied on by the applicant shows nine injuries including seven small abrasions and two complaints of pain. There is nothing on record to show that any cross F.I.R. was lodged or the alleged injuries sustained by the applicant were caused to him during course of incident. It has not been explained why the applicant could not get himself medically examined on 1.7.2009. The injuries appear to be superficial and the prosecution is not bound to explain the same. Having considered all the facts and circumstances of the case, submissions advanced by learned counsel for the parties and the previous conviction of the applicant awarding life imprisonment to him, I do not find it to be a fit case for bail. Application for bail is rejected.