It is argued by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case due to ulterior motive. It is argued that as per version of FIR while the informant along with his brothers, namely, Rajkumar and Rameshwar were returning home after working in the fields, they saw about 30-35 persons of Muslim community raising slogans to which they objected on which these persons attacked on them. It is argued that one Afaq Ali (applicant herein) hit the informant on his head. On hearing the noise, the villagers came on the spot and one of the villager Naresh was assaulted by one of the person present in the mob. In the statement of the first informant it has been stated that accused Shahrukh has caused injury to Naresh and accused Afaq Ali (applicant) is the author of injury of the informant. However, as per the medical examination report of the injured, the injuries are simple in nature. It is argued that there was a sudden quarrel between the parties in order to disturb the society for which both the parties are responsible. No role has been assigned to applicant no.2. It has also been argued by learned counsel for the applicants that the applicant no.1 is a government servant and working as Constable in U.P. Police, whereas the applicant no.2 is a businessman. It has been further stated that one of the coaccused, namely, Dildar has already enlarged on bail by this Court. It is next contended that applicants have no criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicants are enlarged on bail, the applicant shall not misuse the liberty of bail and the applicants are languishing in jail since 01.03.2019. Accordingly, he requests for bail.
