JUDGMENT :

(Ravindra Maithani, J.) :

Applicant Rohit Alias Billa is in judicial custody in Case Crime No.909 of 2021, under Sections 147, 148, 149, 307, 394, 504 IPC, Police Station- Kotwali Laksar, District- Haridwar. He has sought his release on bail.

2. Heard learned counsel for the parties and perused the record.

3. This is the third bail application. The second bail application, being BA2 No.84 of 2023, was rejected on 15.06.2023.

4. It is the case of the prosecution that on 03.12.2021, the applicant and the co-accused abused the injured Badal. The applicant fired at him on his back.

5. Learned Senior Counsel for the applicant would submit that it is a case of mistaken identity. The FIR, after investigation, was found partially false. She would submit that Rohit and Romit both are brothers. Both were named in the FIR, and the FIR records that Romit alias Billa did fire at the injured. During investigation, it was found that Romit alias Billa was not at the place of incident. He was working in a company. Therefore, he has been exonerated by the Investigating Officer. Now, it is argued, Rohit alias Billa has been assigned the role of firing by the injured and the informant in thei