It is contended by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case due to some ulterior motive. As per F.I.R., the applicant and other co-accused have fired upon the police party but nobody sustained injury in the firing. It is further contended by learned Counsel for the applicant that from the possession of the applicant recovery of one country made pistol and Rs.25,000/- has been shown. It is next contended that the recovered money belongs to the applicant and the country made pistol is planted one for which there is no public witness. It is also contended that the co-accused, Om Prash Verma and Phool Chandra have already been enlarged on bail by this Court vide order dated 18.08.2021 in Criminal Misc. Bail Application No.17141 of 2021, the case of the applicant stands on identical footing to the case of the co-accused, hence, he is also entitled to be enlarged on bail on the ground of parity. Lastly it is contended that the applicant is in jail since 16.01.2021 having criminal history of nine cases in which he is on bail as explained in paragraph no.02 of the supplementary affidavit dated 25.03.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
