the missing report nor in the statements of the mother, father and sister of the missing child, name of applicant has surfaced. It is for the first time on 4th May, 2019, the Investigating Officer on the basis of suspicion, caught hold the applicant and a mobile phone bearing no. 6306215351 is alleged to have been recovered from his pocket. On the spot, from the recovered mobile phone number, the Call Details' Report of the mobile phone number of the missing child was matched and found to be correct, on the basis of which he has been arrested. It has further been argued by the learned counsel for the applicant that there is nothing on record which connects the mobile phone recovered from the applicant with the mobile phone number of the missing child. Statement of the Class-Teacher, namely, Ashish Singh has been recorded on 15th May, 2019, wherein he has stated that on 23rd August, 2019, when prayer was going on, the applicant was not present in the prayer. When the Class Teacher went to the class room for teaching, a boy namely, Rudra Pratap, who was present in the Class Room made a complaint that his mobile phone was taken by any of the student of the said Class Room but he is not giving the same to him. On this complaint, the Class Teacher enquired and with the help of C.C.T.V. Footage installed in the said Class Room found that the said mobile phone has been stolen by the missing child, on which he scolded the missing child and the said mobile phone was returned by him to Rudra Pratap. An information has also been given to his parents about the same. Except that he has no information about the missing child. It has further been argued by the learned counsel for the applicant that except the suspicion, there is no documentary or oral evidence on the basis of which it can be said that the applicant is involved in the commission of the alleged offence. There is also no report of Technical Expert from which it can be said that the recovered mobile phone from the applicant was matched with the Call Details Report of the mobile phone number of the missing child. Learned counsel for the applicant also undertakes that the applicant shall cooperate in recovery of the victim. The applicant has no criminal antecedents to his credit except the present one. 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 4th May, 2019.
