Learned counsel for the applicant has stated that the present applicant has been falsely implicated and he has not committed any offence as alleged. Attention has been drawn towards the First Information Report, wherein, the allegation has been levelled against the present applicant and one more person, though, there is one unknown person in the FIR. The learned counsel has stated that as per the prosecution story itself the deceased was the close friend of the present applicant and there was no enmity of any kind whatsoever of the present applicant with the victim, since deceased. The last seen witness available with the prosecution suggest that the present applicant along with the co-accused and deceased were roaming around together before the dead body of the deceased was found and only on the basis of this fact that since the present applicant, coaccused and the deceased were together in the evening, therefore, the present applicant might have committed the offence in question. As per the prosecution story, on the pointing out of the present applicant, the recovery of Bamboo was made and the injuries sustained by the deceased might have been caused by such weapon. The deceased has sustained five injuries and those injuries are abrasions and contusions, some on vital parts and some on non-vital parts. Further submission is that the applicant is having no prior criminal history. The learned counsel has further submitted that if the applicant is released on bail, he shall shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant
