It has been argued by learned counsel for the applicant that as per the version of the first information lodged by Mehrab Ali, four persons, namely, Ameer Abbas, Hasan Abbas, Noor Abbas and Mashood Abbas came to the house of first informant and started abusing him. When he objected, Hasan Abbas and his associates started beating the first informant and his family members by lathi and sticks due to which he sustained injuries. It has further been argued by the learned counsel for the applicant that the applicant is uncle Hasan Fatma, who is wife of first informant, namely, Mehrab Ali. Due to strained and incompatible relationship between the first informant and Hasan Fatma, i.e. niece of the applicant, she has filed several cases against the first informant including the case under Section 125 Cr.P.C. Because of the aforesaid, the present first information report has been lodged against the relatives of Hasan Fatma including the applicant. The medical examinations of the first informant and his sister Salma were conducted in the Government Hospital on 29th September, 2018, whereas again medical examinations of the informant was conducted in a private hospital on 18th December, 2018. There are variations in the both medical examination reports of the first informant, which makes the prosecution story doubtful. As per the version of the first information report as well as as per the statements of the both injured, general allegations have been made against all the accused. No specific role of assault causing injuries to both the injured has been assigned to any of the accused. The applicant is 70 years old and he is innocent. Being the uncle of wife of the first informant he has been falsely implicated. The applicant has no criminal antecedents to his credit except the present one. 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 11th April, 2019.
