SHANI @ DEEPAK Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri O.P. Mishra, learned Counsel for the applicant, Ms. Mandavi Tripathi, Advocate holding brief for Sri Santosh Tripathi, learned Counsel for the complainant and the learned A.G.A.

(2.) This bail application has been moved on behalf of the accused applicant Sri Shani alias Deepak alleged to be involved for the offences under sections 147, 148, 304, 323, 504 and 506 Penal Code in Case Crime No. 318 of 2007, Police Station Kavi Nagar, District Ghaziabad.

(3.) It is said that the incident had taken place at the cricket field where suddenly some scuffle had taken place and the accused applicant gave blow with the but to the victim. The report of the incident was lodged after 32 hours. However, the explanation for this delay has been given by the teamed Counsel for the complainant that the victim was struggling with life and death and so this report could not be lodged earlier. The fact remains that the incident is an outcome of a sudden scuffle.