It is submitted by the learned counsel for applicant that applicant is innocent and has been falsely implicated in the present case. It is submitted that the FIR of the present case was lodged on 25.12.2022 against the applicant and four other co-accused at 21.45 hours and according to the FIR on 24.12.2022 at about 20.00 hours, applicant along with other accused made assault upon the decease and due to assault the husband of the informant died. It is further submitted that the FIR was lodged after 25 hours delayed but the prosecution has failed to offer any explanation regarding this delay. The inquest of the deceased was conducted wherein the informant was also present but in spite of that she lodged the FIR after about more than 21 hours from the inquest report. It is submitted that co-accused namely Somvir has already been enlarged on bail by this Court vide order dated 17.04.2023 passed in Criminal Misc. Bail Application No. 16951 of 2023, copy of which has been provided to this court. He further submits that since the role of the applicant is identical to that of the co-accused, Somvir, who has already been enlarged on bail, the applicant is also entitled to be enlarged on bail on the ground of parity. Learned counsel for applicant lastly submits that applicant is in jail since 25.12.2022 having no criminal history and that in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
