It has been argued by learned counsel for the applicant that the applicant is innocent. As per the allegations made in the first information report lodged on 5th July, 2018 by Sayaveer Singh i.e. the victim himself, on 4th July, 2018 at 08:30 p.m. (night), when the first informant, his nephew and women of his family were sitting infront of his house, his neighbours, namely, Arvendra Pratap @ Bantu, Udai Pratap @ Gore (applicant herein), Devendra Singh, Ajay Pratap Singh @ Kallu, Amit Pratap Singh @ Babalu, who were armed with lathi, sticks and illegal weapons came and started abusing and beating him due to which he sustained injuries and when the women of his family came to save him, the victim got a chance to run away, then all the accused fired upon him but the shots were missed. When villagers came, during firing, they ran away. It has further been argued by the learned counsel for the applicant that due to village party-bandi the applicant has been falsely implicated in the present case. The entire story as narrated in the first information report is false and concocted. As per the prosecution version, all the accused assaulted the first informant by lathi, sticks and illegal weapons but no injury was found on the body of the first informant, which makes the prosecution case doubtful. Apart from the above, general role of beating the first informant has been assigned to all the accused. It has further been argued that except the present applicant all other co-accused have been granted bail by the lower court. The applicant has criminal history of seven cases and the same have satisfactorily been explained in paragraph-3 of the supplementary affidavit filed today. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 23rd December, 2018.
