Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. It is further submitted that F.I.R. was lodged against some unknown persons. It relates to the theft of three speaker boxes. It is further submitted that F.I.R. was lodged on 15.09.2021 and on the same day, the applicant was apprehended by the police in a case wherein police has implicated the applicant and other coaccused, alleging therein that accused persons opened fire on the police party and also shown the recovery of country made pistols, some jewelleries, wrenches, pliers etc. However, the speaker indicated in the F.I.R. was not recovered from the possession of the applicant and coaccused at the time of arrest. Later-on, the prosecution has shown the recovery of speakers indicated in the FIR on point out of the applicant and co-accused. This recovery is completely fake. There is no independent witness to support the story of the prosecution. It is submitted that the allegations made against the accused-applicant are similar and identical to the co-accused Umesh, who has already been released on bail by this Court vide order dated 30.03.2022 passed in Criminal Misc. Bail Application No.11479 of 2022. Accordingly, the applicant is also entitled for bail. It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may otherwise misuse the liberty of bail and the applicant is in jail since 16.09.2021.
