Counsel for the applicant submits that the accused-applicant is innocent and he has been falsely implicated in this case. It was submitted that the FIR was lodged against applicant and coaccused Kailish @ Kapil and one unknown person, alleging that on 12.07.2021 at 6.00 PM deceased has gone from his house to ranch but thereafter he did not return and on the next day i.e. 13.07.2021 at 2.00 PM, dead body of deceased was found in the field. Learned counsel submitted that only evidence shown against the applicant is that one Devindra and Rajeev have stated that on 12.07.2021 at about 7.00 PM they have seen the deceased going with applicant and co-accused persons. It was stated that said witnesses Devindra is uncle and Rajeev is maternal uncle of deceased and both these persons are interested witnesses. There is no evidence of any independent witness to show that deceased was seen going with applicant and co-accused persons. No recovery of any weapon or incriminating article has been shown from applicant. It has been pointed out that in fact earlier brother of applicant has lodged an FIR vide crime no. 108 of 2021 on 11.05.2021 against brother of deceased for the offence under Sections 452, 302 IPC, wherein sister of applicant had been murdered and in that case brother of deceased, namely, Vijay is still in jail and that applicant has been falsely nominated in this case due to that enmity. It has also been pointed out that as per prosecution version, applicant and co-accused persons were seen going with deceased on 12.07.2021 at about 7.00 PM but till the next day noon, before recovery of dead body of deceased, no such fact was stated that deceased was seen going with applicant and coaccused persons. It is further argued that the applicant is in jail
