Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He next added that though in the FIR, it has been alleged that the applicant had attacked with a sharp edged weapon over the neck of the injured and he received serious injuries, but the injured could not identify the applicant as the incident is of 8.40 pm night and this fact has borne out in the statement of the injured as PW-2 before the trial court. Referring the statement of PW-2/injured appended as Annexure-2 page no. 37 of the rejoinder affidavit, he submits that the injured has specifically stated that in the crowd, someone had attacked with sharp edged weapon, but he could not identify that who had attacked over him as there was darkness in the night at 8.40 pm on the date of incident. He also added that PW-2/injured has specifically stated that the present applicant did not attack over him with a blade. His further submission is that since the injured himself has denied the presence of the applicant and, therefore, there is a material doubt in the story of the prosecution. He also submits that the applicant has no previous criminal history and only on the basis of suspicion, his name has been placed in the FIR. The applicant is languishing in jail since 28.2.2023. Further submitted that the applicant undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings.
