Learned counsel for the applicant further submits that the complainant (P.W.1) in his statement recorded before the court below has stated that he has no knowledge that Ramu Pandit has borrowed the money from his brother, he was not present at the spot at the time of incident, he does not know two other persons who have been made accused by the police, thus, the complainant has been declared hostile. Learned counsel for the applicant further submits that similarly, P.W.3 who is mother of the deceased in her statement recorded before the court below has denied that she had seen the incident and she has been declared hostile. Learned counsel for the applicant further submits that one eye witness namely Rishi Kumar in his statement recorded before the court below has stated that he had not seen the incident, thus, he has also been declared hostile, thus, it has been submitted by the learned counsel for the applicant that there is bleak chance that prosecution may prove its case beyond reasonable doubt and the applicant may be convicted. 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 14.06.2023, having no criminal history.
