It is contended by learned counsel for the applicant that the applicant is innocent and he has falsely been implicated in the present case. It is next contended by learned counsel for the applicant that the applicant was arrested by the police from his house and an e-mail in this regard was sent by the brother of the applicant, but his arrest was shown by the police on 26.12.2020 at the site and one motorcycle was alleged to have been recovered from the possession of the applicant. Thereafter, the first information report was lodged. It is next contended by learned counsel for the applicant that the entire recovery shown against the applicant is false and planted, for which there is no independent witness. The offence is triable by Magistrate and the charge sheet has already been filed on 25.01.2021. It is lastly contended that the applicant has criminal history of 21 cases, out of which in 5 cases, he has been convicted for the sentence undergone, in some cases, he has been released on bail and in some cases, he has been acquitted. Details of all the cases, has been mentioned in paragraph 7 of the rejoinder affidavit. He is in jail since 26.12.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. There is no prospect of trial of the present case being concluded in near future due to heavy dockets.
