The submission of learned counsel for the applicant is that the FIR in issue was lodged on 14.01.2022 under Sections 342, 323, 511 IPC. The statement of victim was recorded on 14.01.2022, wherein, he has not stated that the applicant tried to kidnap/abduct him and thereafter the applicant was apprehended and he is in jail since 19.01.2022. It is stated that the applicant moved an application for bail before the Court concerned in present case number, which was allowed. Thereafter, the prosecution just to create gravity of the offence, recorded Majeed Bayan of the victim on 22.01.2022 and based upon this statement, the prosecution developed its original case. In this statement, the victim has stated that the applicant tried to kidnap/abduct him, as such, the prosecution added Section 364 IPC. It is also stated that the case of prosecution against the applicant is doubtful. It is in view of time of alleged crime indicated in FIR as also the time indicated in CCTV footage, which has been taken note of by the prosecution for the purposes of arresting the applicant. He also stated that it is not clear from the story of prosecution that as to whether the Scorpio, in which the applicant was present at the time of arrest, was involved in the crime or not, as in the FIR, it has been indicated that the Scorpio used in crime was bearing registration number of Delhi, however, the Scorpio, which relates to applicant, bears registration number of U.P. Accordingly, the prayer is to allow the bail application.
