Contention of the learned counsel for the applicant is that though the applicant has been named in the FIR but he has been named only on the basis of suspicion. Contention is that subsequently after a period of one week, one Shankar Lal Mushar has given statement in which he claims himself to be an eye witness to the incident and he has specifically assigned the role to the present applicant, however perusal of the statement of Shankar Lal Mushar itself shows that he himself says that "Tab purna vishwas ho gaya ki Aftab Alam ki hatya Lal Chandra Yadav dwara gala daba kar ki gayi hai". Contention is that Shankar Lal Mushar is not an eye witness and he has only raised suspicion. Further contention is that said witness Shankar Lal Mushar is not the witness in the charge sheet. Much reliance has been placed on the post mortem report which shows that the cause of death is ante mortem head injury and thus, the entire prosecution story is belied. There is no injury on the neck. There are only two injuries, one is on the back of skull on left side of occipital area and other is on the right side skill just above right ear. Contention is that applicant is in jail since 26.10.2017 and in case he is released on bail, he will not misuse the said liberty.
