It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is further submitted by the learned counsel for the applicant the FIR was lodged against unknown persons on 20.9.2015. In their statements recorded under Section 161 Cr.P.C, both the injured did not name the applicant as one of the assailants. During the entire investigation, as the police could not trace out the assailants, it submitted final report. Learned counsel for the applicant also submitted that name of the applicant has come in the statements of Bhola alias Gola Prasad, Smt. Sarvesh Kumar and Km. Reenu and Km. Meenu, which were recorded after more than two and a half years of the occurrence. Learned counsel for the applicant argued that the applicant is real brother of the victim Bhola alias Gola Prajapati, whose name has unnecessarily been dragged into the present case. Learned counsel for the applicant submits that it is highly improbable that the victim could not recognize his own brother while he was committing the crime. Applicant being the real brother of victim can be recognized by his gait and appearance. In the FIR, it has not been mentioned that the assailants were veiling their faces. The applicant is languishing in jail since 22.05.2018. He does not have any criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail.
