Having considered the rival submissions made by learned counsel for both the parties and on perusal of the record, it is evident that as per the allegation made in the first information report, it is alleged that Ram Bhajan, brother of the first information, had gone to irrigate the fields by tubewell, however when he did not return back, then first informant at about 10 p.m., reached there in search of his brother, where he found his brother lying in an unconscious state and had seen Vivek Kumar @ Raju, Suraj and applicant- Dilip Kumar fleeing away. The case is based on circumstantial evidence as there is no direct evidence against the applicant except that the applicant alongwith two others are said to have been seen fleeing away from the place of incident. No recovery whatsoever has been made to connect the applicant with the instant case. Even during the course of investigation, no cogent and clinching evidence has been unravelled to connect the applicant with the present case, as such chain of circumstance is not complete. Similarly placed co-accused Vivek Kumar @ Raju and Suraj Kumar have already been granted bail by coordinate Bench of this Court in Criminal Misc. Bail Application Nos. 48745 of 2021 and 9602 of 2022 vide orders dated 6.9.2022 and 17.8.2022 respectively and the case of the applicant stands on the same footing as that of co-accused, who have already been granted bail. Furthermore, the applicant is in jail since 16.11.2021 and has no criminal history to his credit. The applicant has continuously been cooperating in the trial and there is no chance of applicant fleeing away from judicial process or tampering with the witnesses. In the backdrop of the aforesaid circumstances, I am of the view that prima facie applicant has made out a case for bail.
