Learned counsel for the applicant contended that applicant is not named in F.I.R. dated 17.11.2017 regarding incident dated 16.11.2017, in which indiscriminate firing is alleged to have been committed by Sundar Yadav and others, resulting in death of Shiv Kumar and two others; that name of applicant surfaced in the confessional statement of co-accused Naresh Tevatiya, which was recorded on 04.12.2017 and thereafter on 21.02.2018 in the statement of Sanjay and Sidhanth, who have stated that they saw the applicant with other co-accused at Shahberi Liquor Shop; that the murder of three persons is alleged to have been committed by named accused Sundar Yadav, Charan Singh, Devendra Yadav etc.; that the applicant has not been assigned with the role of shooting; that the case of applicant is distinguishable from accused persons, who have been assigned with the role of causing fire arm injuries to deceased; that co-accused Arun Yadav, Anil and Sonu @ Dharam Dutt Sharma have been granted bail by this Court vide order dated 14.11.2018 passed in Criminal Misc. Bail Application Nos. 21380 of 2018, 19942 of 2018 and 17413 of 2018, copy of which has been produced for perusal and taken on record; that the case of applicant is identical to the coaccused persons, who have been granted bail; that the applicant has no criminal history; that the applicant undertakes that he will not misuse the liberty of bail; that the applicant is in custody since 26.03.2018.
