LAWS(ALL)-2007-9-138

PAWAN SINGH Vs. STATE OF UP

Decided On September 27, 2007
PAWAN SINGH Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) HEARD Sri Satish Trivedi, Senior Advocate assisted by Sri o. N. Misra, learned Counsel for the applicant, learned A. G. A. for the State of U. P. and Sri Ravindra Nath Rai, learned Counsel for the complainant.

(2.) THIS is second bail application moved by the applicant Pawan Singh with a prayer that he may be released on bail in Case crime No. 304 of 2006 under Sections 147, 148, 149, 307, 323, 302, 504 and 506, I. P. C. P. S. Gaur, District Basti.

(3.) THE Criminal Misc. First Bail Application No. 1233 of 2007 has been rejected by this Court on 19. 2. 2007 after considering the merits of the case. It is contended by learned counsel for the applicant that there is a cross-version of the alleged incident, now the cross-case has been registered, which was not registered at the time of the disposal of the first bail application. PWs 1 and 2 have been examined in the Court. It has been clearly stated by the PW1 that applicant, has caused injury on the person of the injured Sohan, he had not caused any injury on the person of the deceased. The applicant was allegedly armed with Bhala. It was not specifically alleged in the F. I. R. that who caused injury on the person of the deceased or injured and now it has been specified by the pw1 that applicants has caused injury on the person of the injured Sohan. The injured Sohan has sustained seven injuries in which injury No. 1 is incised wound and injury No. 2 is penetrating wound. The injuries caused by the applicant were not grievous in nature and he did not cause any injury on the person of the deceased.