LAWS(ALL)-1991-8-72

KALYAN Vs. STATE OF U P

Decided On August 29, 1991
KALYAN Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) B. P. Singh, J. Heard Sari P. N. Lal, learned counsel for the applicant and the learned A. G. A.

(2.) THE applicant Kalyan is being prosecuted for commiting the offences under Sections 147, 148, 149. 302, I. P. C. and Section 27 of the Indian Arms Act, P. S. Sehramau South, district Shahjahanpur.

(3.) WHERE the first informant, who is the real brother of the deceased, goes back from the stand which was taken in the F. I. R. : where the witnesses who were carrying torches have filed affidavits disowning the involvement of the applicant in the crime in question and where the deceased and the injured did not sustain any kanta injuries although some of the miscreants "were armed with kanta, a case for bail is made out. However, it is made clear that these obser vations shall have no bearing upon the learned Judgs, who will decide tlic ease finally.