It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case for the purpose of harassment. It is further argued that in the aforesaid case the applicant has already been granted bail by the court below vide order dated 18th April, 2016, a copy of which has been enclosed as Annexure-3 to the affidavit accompanying the present bail application. In the said case, trial is going on in which he was appearing regularly till December, 2020. However, due to Covid-19 the applicant was unable to appear before the court below because he was fallen ill consequently on 11th January, 2021 due to which the the court below issued non-bailable warrant against the applicant. It is submitted by the learned counsel for the applicant that there was no fault on the part of the applicant deliberately or intentionally not to appear before the court below nor the applicant was absconding, the same has been occurred due to the reasons as given above. The applicant had never misused the benefit of bail. When the non-bailable warrants have been issued against the applicant, he surrendered before the court below and he has been sent to jail and is in jail since 30th August, 2022. The applicant has no criminal antecedents to his credit except those which have been mentioned in the gang chart. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 22nd August, 2022.
