It is contended by counsel for the appellant that the appellant is in jail since 18.9.2014 for around eight and half years; trial is commenced in 2015 and examination of witnesses started in 2017, however, trial is not likely to be concluded in near future; he next submitted that according to prosecution version, FIR in the present case was lodged on 18.9.2014 at 21:30 hours by informant Bhai Lal, brother of the deceased Lal Singh with allegation that on 16.9.2014 accused Kalicharan called his brother for some settlement; he accompanied Kalicharan to proposed place however first informant had also followed them as he got suspected; the accused persons assaulted his brother on the way, on exhortation of Bhupendra and Raju, Kalicharan held his hands; Bhupendra and Raju assaulted the deceased by knife and appellant by country made pistol; in post mortem report, deceased suffered ten injuries, which included a number of incised wound and one wound of entry and exit each of firearm; cause of death shown as shock hemorrhage as a result of ante mortem injury. He next submitted that appellant has been falsely implicated in this case; deceased was a man of criminal antecedents and was having number of enemies and he might have been eliminated by some other persons. He next submitted that co-accused Bhupendra and Raju, who are assigned role of assaulting the deceased by knife, are already enlarged on bail by the coordinate Bench of this Court vide order dated 16.12.2022 and 8.9.2022; other co-accused Karicharan has also been granted bail vide order dated 10.5.2015, therefore, except the present appellant, all the accused persons, who are attributed active role in the offence, are already enlarged on bail, thus, the appellant deserves to be enlarged on bail on the ground of parity. He lastly submitted that appellant has no prior criminal history; he undertakes to abide by the condition of bail and he will not misuse liberty of bail or influence the witnesses as statement of three witnesses of fact have already been recorded.
