It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. According to the prosecution case, on 1st May, 2019 at 7:30 p.m. when the informant was sitting on his shop, his neighbour, namely, Rajat Vashneh came to him in injured condition and said to him that when he was coming to his shop on the way, three known persons came on motorcycle and tried to snatch his bag having some rupees in it, and when they did not succeed in snatching his bag, they fired upon him due to which he sustained injuries in his abdomen. It has further been alleged that neither the applicant has been named in the first information report nor his name surfaced in the statement of the injured or the informant. For the first time, his name surfaced in the confessional statement of the co-accused Junaid. In view of Sections 25 and 26 of the Indian Evidence, the confessional statement, which has been recorded before the Police, cannot be accepted, as the same has no evidentiary value. Except the aforesaid confessional statement, there is no evidence against the applicant from which it is established that he is involved in the commission of the alleged incident. It has further been alleged that the co-accused, namely, Saddam and Junaid have already been enlarged on bail by this Court vide orders dated 21st June, 2019 and 30th July, 2019 passed in Criminal Misc. Bail Application Nos. 24859 of 2019 and 30162. The case of the present applicant is also similar and identical to that of the aforesaid co-accused. As such, the present applicant is also liable to be enlarged on bail. The applicant has six criminal antecedents to his credit except the present one but the same have satisfactorily been explained in paragraph-10 of the affidavit accompanying the present bail application. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 8th May, 2019.
