Learned counsel for the appellant has argued that the appellant is an innocent person and has falsely been implicated in the present case on account of property dispute. He further added that assuming it to be that appellant has opened the firing on the spot but it cannot be said as to whose shot hit the deceased in the discriminate firing and in regard thereto none of the prosecution witnesses has supported the prosecution version. He was not arrested on the spot and no weapon of assault is alleged to have been recovered on the pointing out of the applicant as such the appellant may be enlarged on bail. The name of the appellant has been taken because of the political rivalry otherwise no intrinsic material was made available to the police during the course of the investigation, which may connect the present appellant with the crime in question. It is further submitted that in the wake of heavy pendency of cases in the Court, there is no chance of any early conclusion of trial. Similarly circumstanced coaccused Chandan Singh, Suresh, Ashutosh, Rajeev Kumar, Dinesh Kumar, Hanuman, Ashok, Golu, Dharmendra and Vipul in Criminal Appeal No.1906 of 2020, vide order dated 10.09.2020, and Ramphal in Criminal Appeal No.59 of 2021 and Shiv Shankar Singh in Criminal Appeal No.62 of 2021 vide order dated 12.02.2021 have been admitted to bail by coordinate Bench of this Court. The appellant is languishing in jail since 17.07.2019.
