Court No. - 51

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33055 of

2018

Applicant :- Shahnawaz @ Chhotu

Opposite Party :- State Of U.P.

Counsel for Applicant :- Mohd. Shoeb Khan

Counsel for Opposite Party :- G.A.

Hon'ble Vipin Sinha,J.

Heard learned counsel for the applicant and learned AGA for the

State.

Applicant has moved the present second bail application seeking bail

in Case Crime No. 680 of 2015 ST No.51 of 2017, under sections

302, 201,120B,34 IPC PS Kotwali Padrauna District Kushinagar.

The first bail application was rejected by this Court vide order dated

4.4.2017.

The second bail application is being pressed on the ground that

subsequent to rejection of the first bail application, the first

informant Hafeez has been examined as PW-1and in his cross-

examination he has clearly stated that "maine thane me di gayi

darkhast me logo ke kahne par likha diya tha". He further says that

"yah kahna sahi hai ki Shahnawaz ke viruddh maine jo bhi bayan

diya hai wah suni sunayi baton ke aadhar par diya ha, mere shapath

patra me bhi Shahnawaz ke viruddh jo baten ankit hai wah suni

sunayi baton ke aadhar par ankit ki gayi hai". Further contention is

that applicant is