It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in the present case on the basis of suspicion. Allegedly as per F.I.R. the deceased, daughter of the informant was abducted by this applicant with other co-accused persons namely Smt. Usha, Ganesh and his friend on 18.7.2021. On 21.7.2021 her dead body was recovered from Gangnahar. During postmortem cause of death was found to be asphyxia as a result of drawning. No any injury was found on the person of the deceased. There is no evidence on record to show that this applicant kidnapped the victim. The last seen Atul Singh has been introduced by the prosecution as witness but he made statement before the Investigating Officer that he saw a girl and a boy on bridge of the canal on 28.7.2021 out of which the boy instigated the girl to jump into the canal as a result she jumped and died. In this regard, it is submitted that occurrence is said to be taken place on 18.7.2022 and her dead body was found on 21.7.2021 but the witness Atul Singh disclosed the date of incident as on 28.7.2021 which is not relevant in any way. Counter affidavit has also been filed by the State in which same statement of Atul Singh has been filed. During investigation, the case was converted under Section 306 from 364 IPC. There is no evidence on record to show that this applicant instigated the deceased to commit suicide. There is no criminal history against the applicant. He is languishing in jail since 21.7.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
