Highlighting the above factual matrix, it is vehemently submitted by the learned counsel for the applicant that the statement of Heera Lal Yadav was also recorded by the Investigating Officer, but the statement of witness - Heera Lal Yadav could not be believed as according to himself, he was having enmity with the family of the deceased and the informant, and other witnesses, whose statement was recorded by the Investigating Officer, have also stated few of them had seen c-accused Shivam driving the motorcycle while the deceased Pawan was sitting between Shivam and the instant applicant - Satyam and apart from the statement of these witnesses pertaining to being seen on a motorcycle, together, there is no other evidence / material available on record or collected by the Investigating Officer which may connect instant applicant with the alleged crime. It is next submitted that the main accused of the crime namely Shivam Yadav, to whom the role of strangulating the deceased has also been assigned, has been released on bail by a coordinate Bench of this Court vide order dated 17.2.2022 passed in Crl. Misc. Bail Application No. 38767 of 2021 and the case of the instant applicant - Satyam is on better footing. Applicant is in jail in this case since 23.11.2020 and has no previous criminal history. If the facility of bail is extended to him there is no apprehension that after being released on bail the applicant may flee from the course of law or may otherwise misuse the liberty.
