It is submitted by learned counsel for applicant that applicant is innocent and falsely implicated in this very case crime number. As per the FIR which was lodged against five persons including the applicant with the allegation that the applicant along with co-accused persons has assaulted the injured, namely- Daya Shankar, with the help of lathi, danda and sharp-edge weapons. The injury report shows that the injury no.1 is incised wound and caused by sharp-edge object and the injury nos. 2,3 and 5 are simple in nature and caused by hard and blunt object about the injury no. 6 there was only complain of pain all over the body but there was no visible injury. The CT scan of the injured, which was conducted subsequently was held to be normal. It is also submitted that from the allegation made in the FIR, it is not clear that who is the author of the injury caused to the injured. The statements of the alleged eye witnesses recorded by the police under Section 161 of Cr.P.C., namely Durv Chandra Yadav, and Mohan Yadav, were to the effect that the applicant was not involved in the assault although from the statements of other eye witnesses namely, Ram Narayan Goad and Rajpal specific role of assault has been assigned to the applicant and other co-accused persons. There are contradiction in the statements of eye witnesses as recorded under Section 161 of Cr.P.C. Applicant has criminal history of eight cases, which has been explained in paragraph no. 17 to the affidavit and paragraph no. 2 to the supplementary affidavit. Applicant is languishing in jail since 25.3.2021 There is no likelihood of fleeing from course of justice or tampering with evidence. Hence, bail, during trial, has been prayed for.
