Learned counsel for applicant contended that applicant is not named in F.I.R. dated 3.6.2017 according to which Kunwar Pal Singh father of first informant left home by planting motorcycle at 10.00 a.m. on 3.6.2017 with 7 k.g. silver and Rs.22,000/- cash and did not return till evening and at 5.30 p.m. information of his murder was received from P.S. Kotwali Hathras; that as per recovery memo at A- 5 Platina motorcycle of deceased was found by the side of dead body of Kunwarpal with an empty cartridge of 315 bore, 4 plastic glasses (out of one was in hand of deceased) a plastic cold drink bottle of Dew with 100 ml cold drink and Rs.10,040/- cash from the upper pocket of Kurta of deceased that in her statement under Section 161 Cr.P.C. widow of deceased stated that deceased was in dispute with applicant and a sum of Rs.3,000/- of deceased was due on applicant for which her husband had approached to the house of applicant for about 10 - 12 days ago when applicant allegedly abused and beaten him, and her husband threatened applicant of life and since then he was disturbed and used to say that either Mukesh will eliminate him or he will eliminate Mukesh; that upon arrest of applicant on 10.6.2017 his confessional statement was recorded in police custody which is not admissible in evidence, and apart from it recovery of firearm was also made at his pointing which has been falsely planted; that applicant had no motive to cause death of deceased; that co-accused Neeraj who was also assigned with role of causing firearm injury to deceased has been granted bail by another Bench of this Court vide order dated 10.4.2018 passed in Criminal Misc. Bail Application No.13120 of 2018, copy of which has been produced for perusal and is taken on record; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 10.06.2017.
