JUDGMENT Rejoinder affidavit filed today by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant as well as learned AGA. 3. This is the first bail application on behalf of the applicant- Ruhul Haq in case crime no. 470 of 2013, under Section- 302 IPC, P.S. Kotwali Dehat, District- Sultanpur. 4. It was submitted by the learned counsel for the applicant that the applicant is not named in the FIR. It was further submitted that the evidence against the applicant is full of discrepancies and is not supported by any other evidence. 5. Learned AGA opposed the prayer for bail on the ground that there is an eye witness who has seen the applicant hitting the deceased in the dead of the night at about 24.00 hours by a short weapon. It was further submitted that on pointing out of the present applicant the murder weapon was recovered. 6. Learned counsel for the applicant refuting the argument submits that the axe which was recovered was having no blood-stain. The person alleged to be the generator operator is not generator operator but one Khalid is the generator operator. 7. Considered the rival submissions. 8. Though applicant is not named in the FIR but there is an eye-witness who has seen the applicant assaulting the deceased on the fateful night. There is statement of one person who has seen an altercation between the deceased and the applicant, prior to the incident at about 09.30 pm. 9. There are five injuries on the body of the deceased and all are incised wound. In a factory, two generator operators are not a rarity. 10. Considering the injuries and evidence on record, this Court is of the view that the applicant is not entitled for bail. 11. Accordingly, the bail application of the applicant is rejected.