R K.JAIN,J. - (1.) HEARD Sri Rajul Bhargava, learned Counsel for the applicant, Sri N.K. Sharma, learned Counsel for the complainant and learned AGA.
(2.) THESE are two bail applications (CMBA No. 11951 of 2000) first on behalf of Bishambar Dayal applicant and (CM II B.A. No. 11590 of 2000) second on behalf of Satish applicant. First bail application on behalf of Satish was rejected by order dated 20 -7 -2000. Submission of the learned Counsel for the applicant is that at the time of hearing of the first bail application, the Counsel was not having complete papers and the bail application was pressed only on the ground that there are cross versions of the incident. It is submitted that now it transpires from the material collected during investigation that the entire incident occurred in two parts. In first part, l he allega ­tions are that there was verbal altercation between the two parties contesting the elec ­tion. From some time, there was lull and thereafter both sides started firing simul ­taneously. Learned Counsel has referred to the statement of Birjo who has also stated that both sides have sustained injuries in the incident. It is also submitted that on the side of the applicant also there were some injured who sustained serious injuries. Sri N.K. Sharma, learned Counsel appearing for the complainant and learned AGA have submitted that the report lodged by the accused side was highly delayed and bail has already been rejected on merits.
(3.) THE incident is said to have oc ­curred around 2.45 p.m. which is admitted to both the parties. The report by the com ­plainant side was lodged at 10.30 p.m. on 17 -5 -2000 whereas on the side of the ac ­cused report was lodged on 18 -6 -2000 at 1.30 p.m. The explanation is that first the victims were attended and given medical aid etc. The place of occurrence and the time of incident by both the sides is not disputed. Since some of the witnesses have admitted that the victims of the side of the applicant have sustained injuries in the same incident. Question as to who was aggressor can be decided at trial, I am of the view that the applicants maybe released on bail.;