According to prosecution case, F.I.R. was lodged on 11.9.2017, against coaccused Bablu and four unknown persons alleging that on 9.9.2017, they killed Lakshman (brother of informant). The applicant was not named in the FIR and his name was surfaced on the basis of confessional statement of co-accused Shababul and Bablu. It is submitted by learned counsel for the applicant that the confession of the co-accused is not admissable as per Section 25 of the Evidence Act. During investigation, co-accused Shababul, Bablu, Farid and Gulam Navi, were arrested by the police and one knife was recovered from the pointing out of co-accused Shababul and skull of deceased was recovered from the pointing out of co-accused Gulam Nabi; other co-accused persons namely Rashid, Chhagga @ Akbar (applicant) and Pintu fled away. It is next submitted that the applicant is innocent and has been falsely implicated in the present case and on the basis of suspicion, applicant is being implicated. There is nothing against the applicant and the main role was assigned to co-accused Shababul and Gulam Nabi. It is further submitted that the co-accused, namely, Rashid, Fareed, Mahfuj Allam and Pintu @ Binto, have already been enlarged on bail by the co-ordinate Bench of this Court vide orders dated 13.12.2018, 14.9.2018, 17.4.2019 and 24.10.2018 passed in Criminal Misc. Bail Application Nos. 43875 of 2018, 34834 of 2018, 9195 of 2018 and 26520 of 2018. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. It is also submitted that only four witness of fact have been examined till date and about 68 witnesses yet to be examined and the applicant is in jail since 6.10.2017 and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
