It is contended by learned counsel for the applicants that the applicants are innocent and have falsely been implicated in the present case. As per F.I.R., general role of assault with the help of Lathi, danda and iron rod has been assigned to six accused persons including applicants and one unknown person as a result there of two persons namely Teepu Yadav and Suresh got injured. It is further contended by learned Counsel for the applicants that there is a cross-case registered as Case Crime No.240 of 2020, under Sections 147, 308, 323, 452, 504, 506 I.P.C., Police Station Jatipura, District Varanasi against the informant's side in which three persons got injured. The cross version can be seen at the time of trial in order to ascertain that which party is the aggressor. It is next contended that general role has been assigned and no specific role has been assigned to any of the accused person, even it is not clear from the averments of the F.I.R., statement of the informant and injured as to who is the author of the injuries caused to the injured persons. Lastly it is contended that the applicants are in jail since 14.12.2020 having criminal history of of one case, which has been explained in paragraph no.4 & 5 of the supplementary affidavit dated 21.06.2021 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
