It is submitted by learned counsel for the applicants that they are innocent and have been falsely implicated in the present case. F.I.R. was lodged against unknown persons after two days of alleged occurrence. During investigation, the name of applicants were brought into light on the basis of confessional statement of coaccused persons. Allegation is that brother of informant was kidnapped by accused persons including the applicants. Initially in the F.I.R. it was stated that Anas, brother of informant went away from his house at about 7 p.m. on 13.7.2021, search was made but his whereabouts could not be found. On the basis of suspicion, missing report was requested to be lodged by the police station against Guljar on the basis of which F.I.R. was lodged under Section 363 IPC. During investigation it was converted under Sections 364-A, 120-B, 147, 148 IPC. All family members have been named in this case by the police only on the basis of suspicion. There is no evidence on record to show that applicants have kidnapped Anus in company of other co-accused persons. Apart from the above, the co-accused, namely, Badshahi, Smt. Gulfasa have already been enlarged on bail by the Coordinate Benches of this Court vide orders dated 5th May, 2022 and 21st July, 2022, copies of which have been enclosed as Annexure No. 4 to the affidavit accompanying the present bail application. The case of the present applicants are more or less identical to that of the aforesaid co-accused. As such the present applicants are also liable to be enlarged on bail. The applicants have no previous criminal antecedents to their credit except the present one. It is next contended that there is no possibility of the applicants of fleeing away from the judicial process or tampering with the witnesses and in case, the applicants are enlarged on bail, the applicants shall not misuse the liberty of bail. The applicants are in jail since 4th August, 2021. As such the applicants have undergone more than one year and three months of incarceration.
