Learned counsel for applicant contended that applicant is not named in F.I.R. and has been falsely implicated on the basis of subsequent improvements by way of statement of Sunil Kumar recorded as an independent witness under section 161 Cr.P.C. on 11.10.2019 after a period of one month of the incident; that as per averments made in F.I.R. lodged by Jugal Kishore on 9.9.2019 Rakesh Sharma, the Class IV employe was going to Janta Inter College, Chajjupur by his bike and when he reached near Sapnawat Rajwaha, unknown car and unknown bike with 5-6 unknown persons with automatic arms indiscriminately fired at Rakesh Sharma, who fell down on the road and the incident was seen by first informant and Pankaj Sissodia and the four miscreants by white coloured Swift Car and two miscreants on bike, fled away; that according to statement of witness Sunil Kumar at Annexure-7 recorded under Section 161 Cr.P.C. after in ordinate delay, applicant allegedly disclosed him that he, his wife Omveeri, daughter-in-law Ritu and Suneeta conspired with Rajendra Chaudhary for murder of Rakesh Sharma by his son Ashu and one Ram Kumar; that co-accused Smt. Suneeta, Smt. Omveeri and Smt. Ritu have been granted bail by this Court vide order dated 15.11.2019 passed in Criminal Misc. Bail Application No.48301 of 2019, copy of which has been produced for perusal and taken on record; that on the basis of statement of Sunil Kumar, applicant was falsely implicated in this case as well as in Case Crime No.187 of 2019, in which he has been granted bail by this Court vide order dated 22.1.2020 passed in Criminal Misc. Bail Application No.3370 of 2020, copy of which has been produced for perusal and taken on record; that applicant has no other criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 22.10.2019.
