The submission of the learned Counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case on account of his involvement in the substantive offence mentioned in the gang chart, namely, Case Crime No. 49 of 2019, under Sections 147, 149, 302, 201 I.P.C., Police Station Shahpur, District Gorakhpur. It is next argued that the applicant has been admitted to bail in the aforesaid substantive offence by co-ordinate Bench of this Court vide order dated 05.09.2022 passed in Criminal Misc. Bail Application No. 23305 of 2019. It is fairly stated that one more case away from the gang chart, under Section 3/25 Arms Act, is also registered against the applicant, which is pending. It is further submitted that co-accused Sandeep Yadav, identically circumstanced as the applicant, has been enlarged on bail by another co-ordinate benche of this Court vide order dated 06.10.2021, passed in Criminal Misc. Bail Application No. 38677 of 2021, entitling the applicant to be released on bail on the ground of parity . It is in the last submitted that the applicant is in jail since 31.07.2020 and in case he is released on bail he will not misuse the liberty of bail.
