It is submitted by learned counsel for applicant that applicant is innocent and falsely implicated in this very case crime number. The present FIR has been lodged for theft of eight data card. It is further submitted that the applicant was implicated on the basis of confessional statement of co-accused Pushpendra @ Bantu. It is also submitted that from the joint custody of all the accused persons including the applicant some cash, mobile, 11 cards and country-made pistol have been recovered. It is further submitted that for the aforesaid recovery a separate case bearing case crime no. 475 of 2020, under Sections 411, 412, 413, 414, 34 of IPC P.S. Civil Line District Etawah, against the applicant and other co-accused persons and in the said case, the applicant has been granted bail by the lower court vide order dated 19.2.2021 passed in Application No. 364 of 2021. It is next submitted that the alleged recovery is false and planted one for which there is no public witness. Applicant is of no criminal history, which has been explained in paragraph no. 15 of the affidavit filed in support of the bail application. Applicant is languishing in jail since 31.12.2020 There is no likelihood of fleeing from course of justice or tampering with evidence. Hence, bail, during trial, has been prayed for.
