( 1 ) THIS application has been filed by the applicant Ahsan with a prayer that he may be released on bail in case crime No. 313 of 2004 under Sections 452, 307, 504, 316 I. P. C. Police Station shamli district Muzaffarnagar.

( 2 ) THIS is second bail application. Criminal Misc. First Bail Application No. 1228 of 2005 has been rejected by this Court on 25. 5. 2005. Thereafter criminal Misc. Short term bail application no. 12588 of 2005 was allowed by this Court and the applicant was released on short term bail for a period of two months. Thereafter criminal misc. parole extension application (Short term bail) application No. 12588 was also allowed on 22. 9. 2005 and period of short term bail was extended for a further period of four weeks. The short term bail was granted on humanitarian ground because the wife of the applicant was ailing.

( 3 ) HEARD Sri N. I. Jafri, learned Counsel for the applicant and the learned A. G. A. and Sri Vikrant rana, learned Counsel for the complainant.

( 4 ) IT is contended by the learned Counsel for the applicant:

I. That according to the prosecution version the alleged occurrence had taken place on 8. 10. 2004 at about 7. 30 p. m. i