LUKMAN Vs. STATE OF U P

JUDGEMENT

(1.) THIS is a second bail application on behalf of the applicant. The first bail application was rejected by this Court on 2-9-1985.

(2.) THE prosecution story is contained in the first information-report (Annexure '2' to the affidavit filed in support of this application). According to the prosecution on 31st March, 1985 there was some altercation between the applicant and Nanhey Khan, the brother of the informant. At about 6 a. m. while Nanhey Khan was returning home, the applicant met him along with Suleman Khan and the latter caught hold of Nanhey Khan and the applicant gave knife-blows with the intention to kill him. THE First Information Report was lodged without unusual delay for an offence under section 307 IPC.

(3.) AS this is a second bail application unless some new point has been made out after the dismissal of the first bail application there would be no justification for granting bail. In the instant case Annexure no. 2 is a copy of the case diary. Annexure no. 3 was a copy of the charge-sheet and Annexure no. 4 is a statement of Islam and Annexure no. 5 is a copy of the site-plan. These documents were not filed along with the first bail application but only injury report and the copy of the first information report were filed.