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1985 Supreme(All) 373

B.L.YADAV
Lukman – Appellant
Versus
State Of U. P. – Respondent


Advocates appeared:
Zainul Abedin, Kamal Krishna

JUDGMENT

B.L. Yadav, J.

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.

I have heard the learned counsel for the applicant and the State.

3. It has been urged by the learned counsel for the applicant that under the circumstances of the case as the injured Nanhey Khan has received three incised wound, the first was 4 cm x 2 cm at the root of left side neck, the second injury was 2.5 cm x 1 cm on the left side neck 1.5 cm away from injury no. 1 and the third injury was 3,5 cm x 2 cm on the lower margin of chest left sid







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