It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in the present case for committing the murder of the deceased who had love affair with the daughter of this applicant. Allegedly the daughter of the applicant was in relation with the deceased that was the reason this applicant was enraged with him. He planned to commit murder of the deceased and implemented his plan on 2.10.2021 by committing murder of the deceased and hanged the dead body with the tree. Last seen witness Ram Kumar is said to be present at the place of incident who was made run away by the applicant and he told the detail of the incident to the informant as a result this F.I.R. was lodged. Further submitted that the dead body was found on open place. This applicant along with other co-accused persons belonging to his family was named in F.I.R. In the course of investigation Lavi and this applicant were charge sheeted and other co-accused persons were exonerated. This applicant, being handicapped, cannot be said to have committed murder of the deceased. It is also submitted that cause of death was found asphyxia as a result of strangulation which falsifies the prosecution version as stated in the F.I.R. that after committing the murder of the deceased, dead body was hanged. The last seen witness Ram Kumar is said to be present on the place of incident and detail of which was narrated to the informant even though the F.I.R. was lodged after seven days delay without explanation. Co-accused Labi has already been granted bail by coordinate Bench of this Court on 6.7.2022 through Criminal Misc. Bail Application No. 22027 of 2022. Since the role of the applicant is not distinguishable with the role of the co-accused, therefore, he is also entitled for bail. There is no criminal history against the applicant. He is languishing in jail since 18.12.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
