It is contended by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case. As per F.I.R., Motorcycle No.U.P.70 BP 8345 was stolen, subsequently, the applicant and 11 other coaccused persons were arrested by the police and on the basis of alleged recovery the F.I.R. was lodged against unknown persons. It is further contended by learned Counsel for the applicant that the recovery of three Motorcycles has been shown from the possession of the applicant. It is next contended that the entire recovery is false and planted for which there is no eye witness. It is also contended that the co-accused, Sushil Bhartiya has already been released on bail by a coordinate bench of this Court vide order dated 29.01.2021 in Criminal Misc. Bail Application No.717 of 2021, the case of the applicant stands on identical footing to that of the co-accused, hence, the applicant is also entitled to be released on bail on the ground of parity. Lastly, it is contended that the applicant is in jail since 31.08.2021 having criminal history of nine cases in which he is on bail as explained in paragraph nos.14 of the affidavit filed in support of the bail application and paragraph no.04 of the supplementary affidavit and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
