Learned counsel for the applicant submits that the applicant was not named in the first information report. His name has surfaced in the statement of the father of the deceased, Veerpal Singh, for the first time who stated that on the date of incident after hearing the noise of knocking on gate he went outside and his son asked him to open the gate; at the same time a motorcycle came on the gate and stopped; wherein the applicant, Kapil, co-accused Netrapal and Mukesh had come and Saurabh also came and all the four started firing on his son. Thereafter the applicant, after threatening him, went away. He has submitted that in the first information report the name of the aforesaid witnesses have not been mentioned. In the first information report the name of wife of Hridesh, deceased and his mother have been mentioned but they have not alleged to seen the incident. He has further submitted that for attributing the motive of the crime statement of one independent witness, Rahul, has been recorded who has stated that co-accused, Saurabh, used to talk to the wife of the deceased, Hirdesh, which the deceased did not liked and once or twice dispute took place between them. The applicant is man of criminal nature and he is friend of co-accused, Saurabh. He was present with Saurabh in the Kabaddi tournament on the last date. Learned counsel for the applicant submits that co-accused, Saurabh Kumar, who is alleged to have some relation-ship with the wife of the deceased has already been enlarged on bail by this Court on 01.09.2021 in Criminal Misc. Bail Application No.18985 of 2021. The applicant has been falsely implicated on account of his criminal history of eight cases explained in para 45 of the bail application. He was convicted in one case and acquitted in 4 cases and in other cases he is on bail. The applicant is in jail since 16.03.2021.
