It has been argued by the learned counsel for the applicant that the present first information report lodged by the informant is nothing but a bundle of lie and the same has been lodged only for exploiting the applicant by indulging his name in a fake, false and frivolous case. The entire prosecution story as unfolded in the first information report is absolutely a self-made story projected by the informant. For the alleged incident dated 25th May, 2018, the first information report has been lodged on 2nd June, 2018 i.e. after nearly 28 days from the date of incident for which no plausible explanation has been given, which makes the entire prosecution case doubtful. It is further argued that as per the medical examination report no external injury has been found on the body of the injured and as per the C.T. Scan and X-ray report, no abnormality was deducted, therefore, no case under Section 308 I.P.C. is made out against the applicant. The applicant has no criminal antecedents to his credit except the present one. 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 16th September, 2022.
