Learned counsel for the appellant submits that the appellant is innocent person and has been falsely implicated in this case and is in jail since 03.03.2023. He further submits that the present F.I.R. was lodged against Dharam Pal, Pramod Kumar Pal, Dinesh Kumar and one unknown person with the allegation that Dharam Pal opened fire on the Durvijay and rest of the accused persons assaulted him. Thereafter, investigation was conducted, but named accused persons were exonerated and charge sheet was prepared against the appellant as well as other co-accused persons for the offences under Sections 182, 307, 323, 120-B I.P.C. and Section 3(2)5 of S.C./S.T. Act alleging that only with the intention to implicate the named accused persons of the F.I.R., the injury was manufactured. Submission of the learned counsel for the appellant is that even if the story of prosecution is accepted, no offence under Sections 323, 307 I.P.C. can be said to be made out. It is also submitted that the charge sheet has been filed and there is no possibility of tampering of any evidence. It is lastly submitted that the trial is not going on and the appellant, who is in jail since 03.03.2023, is entitled for bail.
