CRM-M No. 28321 of 2010 **** Ozan alias Monty vs. UT Chandigarh and another Present: Ms.Prabhjot Kaur, Advocate for the petitioner. Mr. Anil Kumar Lamdharia, APP for UT Chandigarh. Mr. Gursimran Singh, Advocate for respondent No.2- complainant. **** This is a petition for regular bail filed in case bearing FIR No. 208 dated 22.06.2010, under Sections 147, 148, 149, 323, 307, 452 and added offence under Section 302 IPC, registered at Police Station Sector 34, Chandigarh. Learned counsel states that the petitioner has been implicated only as a result of mistake in the identity and this fact has been accepted by the complainant by way of an affidavit. I find that this affidavit was filed subsequent to the decision of the bail application by the trial Court. In my considered opinion this would constitute a material change in circumstance which would entitle the petitioner to file an application on this ground again before the trial Court. In the circumstances this petition is disposed of with the aforesaid observation. ( AJAY TEWARI ) JUDGE February 09, 2011 sunita