It is submitted by learned counsel for applicant that applicant is innocent and has falsely been implicated in the present case. It is next submitted that the FIR was lodged against unknown persons to the effect that six unknown persons came at the petrol pump on a motorcycle and with the help of country made pistol, they have looted cash amounting to Rs. 1,080,00/-. It is next submitted that the applicant was arrested in a Case Crime No. 216 of 2020 under Sections 307,41, 411, 412, 473 IPC and 3/25/27 of Arms Act, P.S. Nizamabad, DistrictAzamgarh, in which he has been enlarged on bail by court below vide order dated 13.1.2021 and subsequently, on his own confessional statement, he was implicated in the present case. It is next submitted that the confessional statement of the accused is an inadmissible evidence in view of Section 25 of the Evidence Act. It is next submitted that no efforts was made by the police to identify the accused persons who committed such offence, even no identification parade has been conducted. The recovered amount of Rs. 9100/- belongs to the applicant, except the said amount nothing has been recovered from his possession. The applicant is in jail since 17.12.2020 having criminal history of 06 cases, which has been explained in paragraph no.3 to 8 to the supplementary affidavit filed today and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
