It has been contended by the learned counsel for the applicant that the applicant is named in the F.I.R. along with co-accused Teepu and Gopi. He further submitted that excepting the evidence of last seen, there is no eye witness account against the applicant, as it was alleged by the informant that deceased was taken away in his presence by the applicant along with the co-accused person and dead body of the deceased was found in the village lying from a tree. He further argued that no recovery of any incriminating article has been made either at the pointing out of the applicant or from his possession. So far as co-accused Gopi is concerned, his bail application being Crl. Misc. Bail Application No.32105 of 2019 has already been rejected by a Coordinate Bench of this Court vide order dated 23.1.2020 and case of the applicant was distinguished from the said co-accused as some belonging of the deceased was recovered from the said co-accused. Moreover, there was evidence of CDR against him. He next argued that the trial is in progress and the statement of PW1 has been recorded, hence, there is no chance of tampering the evidence. The applicant has no other reported criminal antecedent, the said fact has been mentioned in paragraph no.20 of the affidavit filed in support of the bail application. The applicant is in jail since 5.4.2019.
