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 is aged about 74 years and is suffering from many old disease. It is important to mention here that the matter pertains to 1984 Sikh Riots and the applicant has been implicated in the said case after a period of 38 years. Further submission is that in the present case as many as 161 affidavits were filed by the witnesses during investigation done by Hon'ble Rangnath Mishra Commission in which nothing was found against the applicant and in none of the affidavits, the name of the applicant has been emerged. After a lapse of 38 years, the statement of first informant, namely, Smt. Baljeet Kaur was recorded in which she has specifically stated that she could not identify the members of the mob which committed assault upon her family. Statement of eye witness, namely, Ranbeer Singh was also recorded in which he has not taken the name of the applicant. Further submission is that there is no record pertaining to cause of death of the deceased neither post mortem report nor Panchnama. Only general role has been assigned to all the accused persons. Further submission is that similarly placed co-accused, namely, Kamal Singh in 1984 Sikh Riots, has already been granted bail by another co-ordinate Bench of this Court vide order dated 09.11.2022 passed in Criminal Misc. Bail Application No.48589 of 2022, copy of bail order has been provided by learned counsel for the applicant is taken on record. The applicant is languishing in jail since 12.07.2022 although the applicant is having previous criminal history of four cases, which has been explained in paragraph 4 to the affidavit filed in support of bail application.
