Learned counsel for applicant contends that applicant is not named in F.I.R. and has been falsely implicated by way of improvements made in additional statement under Section 161 Cr.P.C. of first informant recorded after 3 days of incident; that in subsequent statement of first informant, applicant has been assigned with the role of conspiracy with main accused Prakash @ Rajbhan, the real brother of applicant; that as per statement of co-accused Prakash @ Rajbhan, the applicant and Bhanu Pratap in furtherance of conspiracy, informed the location of deceased and first informant to them following which Prakash @ Rajbhan accompanied with Naresh and Hari Prasad (hired shooters) chased the first informant and Hari Prasad fired at Nanhi Devi from behind following which he i.e. Prakash @ Rajbhan also fired at her and fled away; that in the subsequent statement of first informant as well as in statement of coaccused Prakash @ Rajbhan, no role of firing has been assigned to applicant; that otherwise also the statement of co-accused in police custody is not admissible against applicant; that coaccused Naresh Pal, who allegedly chased the deceased during firing as well as co-accused Bhanu Pratap Singh @ Dabbu with identical role to the applicant, have been granted bail by other Benches of this Court vide orders dated 15.11.2019 & 20.1.2020 passed in Criminal Misc. Bail Applications No.48297 of 2019 & 1841 of 2020, respectively, copies produced for perusal and are taken on record; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 14.11.2019.
