his name surfaced after four days from the date of lodging of the F.I.R. in the statement of the Surya Pratap Singh-the informant, wherein he has categorically stated that the accused persons i.e. Surjeet Singh alias Basant Ghosh, Tej Ram, Pushpraj Singh alias Silpu and Karan Singh alias Kalloo (applicant) had assaulted the deceased. He further submits that eye-witness namely, Pankaj Ghosh has not named the applicant in his statement recorded under Section 161 Cr.P.C.but has named the applicant in his Majeed statement. In the questionanswer, the reply to the question put up as to why he has not named the two unknown accused person in his earlier statement was that though, he recognised their faces but when their names have been told by their uncle Surya Pratap, only then he came to know about their names. Learned counsel argued that the pedigree of the informant and the applicant's family belongs are same and partition dispute is already going on, thus it is very strange that the informant as well as eye-witness are not aware of their names, which itself shows that the applicant has been falsely implicated in the present case. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 23.04.2023, having no criminal history.
