assaulted the informant. Thus, to all the accused persons general role has been assigned. In the statement recorded by the Investigating Officer the informant/opposite party No.2 has assigned the role to the present applicant, thus, there is an improvement in the basic story of the prosecution. It is also submitted that the informant/opposite party No.2 is not an eye witness for the reason that according to the F.I.R. she sustained some injuries but the prosecution in support of the said allegation has not filed any medical evidence in this regard. At this stage, on being asked learned A.G.A., based upon the affidavit on record, could not dispute this aspect of the case. It is next submitted that a perusal of the statement of the eye witness Chandrawati, annexed as Annexure No.10 to the present appeal would indicate that the appellant and co-accused Dhirendra Yadav assaulted the deceased. It is also submitted that co-accused Dhirendra Yadav has already been released on bail by a co-ordinate bench of this Court vide order dated 20.12.2024 passed in Criminal Appeal No.3752 of 2024. In these circumstances, the appellant who is languishing in jail since 02.08.2024 is also entitled to be released on bail and the impugned order is liable to be set aside and the appeal is liable to be allowed.
