From the record it has culled out that one Vishal has lodged the FIR on 08.08.209 under Section 392 IPC against unknown persons with the story that in the morning about 6.00 a.m. he went to Kairana Mandi on his motorcycle no. HR06 P5328. three unknown persons were over powered him and looted the motorcycle, mobile phone and ran away towards Kairana. Thereafter S.I. Naresh Kumar also lodged an FIR as case crime no. 428 of 2019 under Sections 41, 102, 411, 414, 465 IPC on 09.08.2019 against the applicant and four other named persons. As per the version of the FIR after getting tip from the informer, the police party has raided at Kairana by pass where four persons having two motorcycle were recovered and out of these four persons, the applicant is one of them, who were having illegal firearm and Rs. 1090 in cash from his pocket. The applicant has confessed before the police that above motorcycle was looted in the morning alongwith one Rahees. It has been clearly mentioned in paragraph 11 that there is no independent witness or public witness to the entire incident. The recovery of the alleged motorcycle were found from the joint possession of four persons. The entire prosecution story hinges upon a confessional statement made by the applicant before the police having no evidential value. There are three criminal antecedent of the similar nature and in all the three cases the applicant were admitted in bail on different occasion. The applicant is in jail since 08.08.2019 and trial has not been concluded.
