Contention raised by the counsel that the present FIR was lodged by Prempal against four named accused persons including the appellant. Contention raised by the counsel that as per the text of the FIR, the informant's son Amit have nurturing the relationship with the wife of Ujagar, this was severely objected by named accused persons who are closely related to Ujagar in the intervening night of 5/6.05.2020 around 1.00 in the night, they have taken away the deceased Amit to the field of Rajvir where he was killed. The FIR was registered on 06.05.2020 at 9.30 a.m. Contention raised by the counsel that on the basis of of some unfounded suspicion the name of the applicant has been incorporated in the array of the accused persons. The post mortem report reveals that there is singular gun shot injury over the person. It is not clear that who is the author of that fatal injury. So far as recovery of the illegal Tamancha is concerned, it has been recovered from the open field of one Dojiram, having no independent witness to the said recovery. Entire prosectuion case hinges upon the broken link of circumstantial evidence, based on conjectures and suspicion only. There is no eye witness account to the prosecution case. The appellant has got no criminal antecedent to his credit. Taking into account bail application of Girija Devi (Ujagar ki Patni) was enlarged on bail by the coordinate Bench of this Court in Crl. Appeal No. 2274 of 2020 vide order dated 05.01.2021. The case of the appellant stands on similar footing.
