the petitioner that he has not committed any overt act, the charge sheet disclose that the petitioner was very much present at the scene of occurrence and he fisted and caught hold of the deceased to enable the other accused to assault him. As a result of which, accused No.1 stabbed with knife, accused No.2 assaulted with machete/long, which has resulted in the death of the deceased at the spot. CWs.1, 4 and 5 are the eyewitnesses to the incident. Their statements under Section 164 of Cr.P.C. were recorded before the learned Magistrate. As per the PM report, the deceased sustained five injuries. He died due to shock and hemorrhage sustained by stab injuries. Considering all these materials on record, the contention of the learned counsel for the petitioner that the petitioner is falsely implicated in the matter or that he had not committed any overt-act, cannot be accepted. The offence alleged is punishable either with death or imprisonment for life. Moreover, it is brought to the notice of the Court that accused Nos.4 and 5 have filed similar petition before this Court seeking grant of bail in Crl.P.No.1097/2021 and that the same came to be dismissed vide order dated 07.06.2021.
