It is submitted by learned counsel for the applicant that the applicant is not named in the F.I.R. According to prosecution, alleged incident is stated to have taken place on 24.2.2019 at 9.30 pm against four named and one unnamed accused; it is alleged that on account of hostel rivalry accused has surrounded the deceased and resorted to indiscriminate firing on account of which he sustained several firearm injuries which resulted in his death; the F.I.R. was lodged on 25.2.2019 by the father of the deceased, who has claimed himself to be an eye witness along with other family members i.e. brother and uncle of the deceased. Learned counsel submitted that the applicant is not nominated in the F.I.R., however, after seven days of the incident on 3.3.2019 two other accused Abhisek and Himanshu Tiwari though not nominated in the F.I.R., were arrested by the police and they confessed their guilt and stated that besides the named accused there were 11 assailants who participated in the crime; out of which the applicant had also taken part in the incident and exhorted other co-accused to murder the deceased. Learned counsel further submitted that on 11.3.2019 restatements of brother and uncle of the deceased were recorded in which they specifically named the applicant to have participated in the incident and the role attributed to him is of exhortation only. It is stated that the applicant is student having no criminal history to his credit and on account of hostel rivalry between the students he has been falsely implicated in the present case belatedly and apart from it only role of exhortation has been assigned to him, therefore, the applicant, who is in jail since 24.5.2019, may be enlarged on bail.
