Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. The applicant has not committed any offence as alleged in the impugned first information report. The applicant himself has lodged the impugned FIR on 31.05.2021 with regard to the incident which has taken place on 30.05.2021. During investigation, the statement of independent eye witness, namely, Babu Kumar has been recorded who has alleged that applicant and co-accused Wakeel Malik have committed maarpeet with the deceased and committed murder of the deceased. The applicant is the brother-in-law (jeeja) of the deceased and he has not committed murder of the deceased. He has further submitted that similarly placed co-accused, namely, Wakeel Malik @ Wakeel Ahmad, who have assigned the same role, have already been enlarged on bail by another co-ordinate Bench of this Court by orders dated 05.05.2022 passed in Criminal Misc. Bail Application No.49847 of 2021, copy of the bail order has been annexed as Annexure No.SA-3 to the supplementary affidavit. He has further submitted that since the role of the applicant is identical to that of co-accused who have already been enlarged on bail, the applicant is also entitled to be enlarged on bail on the ground of parity. The applicant is languishing in jail since 03.06.2021 having no previous criminal history.
