It is submitted by learned counsel for applicant that applicant is innocent and falsely implicated in this very case crime number. It is further submitted that in the FIR general role of assault has been assigned to all the accused persons with the help of lathi and dandas. It is further contended that no specific role has been assigned to any of the accused persons and it is not ascertained who is the author of the injury to caused the injured and all the injuries received by the injured are simple in nature. It is further contended that offence under Section 308 IPC attempt to commit culpable homicide shall be punished with imprisonment or description description for a term which may extend to three years, or with fine, or with both; and, if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Learned counsel for the applicant further submitted that the co-accused, Rajendra Prasad and Radhaylal have been granted bail by this Court on 3.12.2020 in Criminal Misc. Bail Application No.37077 of 2020. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 9.8.2020 having criminal history of one case which has been explained in para-5 to the supplementary affidavit filed today and if he is released on bail, there is no chance of this absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
