It has been contended by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submitted that the incident has taken place on 22.9.2019 between 9:30 P.M. to 11:00 P.M. and the informant, namely, Ashrafi Lal, who is real brother of the deceased, has lodged the present F.I.R. against the unknown person. As per the statements of the informant well as wife of the deceased, namely, Smt. Saroj Devi recorded under Section 161 Cr.P.C. wherein they have not named the applicant in the present case. After 4 months and 3 days of the incident on 27.1.2020, the informant along with his real brothers moved an application showing the involvement of the applicant along with three co-accused persons, namely, Narendra Raidas, Vinod Chamar, Balkaran Singh, who were arrested on 10.2.2020 and from their possession one Saw ( Aari) and looted money was recovered. So far the applicant is concerned, he was arrested on 6.4.2020 and from his possession one Saw (Aari) and one bag in which some documents of the deceased were recovered. He next argued that there is an inordinate delay in naming the applicant in the present case, which is an afterthought and because of criminal antecedents of 23 cases of the applicant he has been made an accused in the present case. So far as criminal history of the applicant is concerned, plausible explanation has been given in paragraph no.15 of the affidavit filed in support the bail application. He states that out of 23 criminal cases, only 7 cases are pending against the applicant and in rest of the cases he has been acquitted. The applicant is in jail since 6.4.2020.
