Learned counsel for applicant contended that applicant is not named in F.I.R. and has been falsely implicated; that as per averments made in F.I.R. lodged on 5.8.2014 by Hukum Singh in the midnight of 5.8.2014, his wife came out of the room at about 2:00 a.m. for making water by her child and as soon as she came out of the room one person out of three, who were hiding themselves in the shop came out upon which his wife made a cry and first informant also arrived there and the miscreants scuffled with him and upon alarm raised by first informant, the other two co-accused/associates fired at first informant, which hit their associate, who was scuffling with first informant and from another fire, they narrowly escaped and entered back to their room; that after a period of 12 days, name of applicant surfaced in statement of Smt. Rajku wife of Bal Kishan, who stated that on 5.8.2014, dead body of Bhajju was found towards East near Jungles, who was fetched by applicant and co-accused Golu Khangar at about 4:00 a.m., one day before; that applicant neither hidden himself inside the shop of first informant nor made any fire on first informant, which would have hit his alleged companion Bhajju; that applicant may not be considered to be author of fatal injury of Bhajju; that co-accused Govind @ Golu with similar role has been granted bail by co-ordinate Bench of this Court vide order dated 2.2.2015 passed in Criminal Misc. Bail Application No. 3108 of 2015, copy filed at Annexure no.10; that applicant is a poor person and could not move bail application earlier, despite rejection of his bail application by Additional Sessions Judge, Jhansi vide order dated 11.5.2017; that applicant has explained his criminal history in paras 29 to 42 of affidavit given in support of bail application; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 4.12.2014.
