The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that joint recovery alleged to have been shown from the co-accused, which is totally fake and false. Neither the applicant has been arrested from the spot nor anything incriminating material has been recovered from his possession or on his pointing out. His name has surfaced in the present case on the basis of confessional statement of coaccused, which has no evidentiary value in view of the provisions Indian Evidence Act. It is further submitted that the co-accused, namely, Faiyaz Ahmad, Mohd. Idrish and Nishar Ahmad and Javed Ahmad have already been enlarged on bail by this Court vide orders dated 3rd March, 2020, 18th March, 2020 and 17th June, 2020 passed in Criminal Misc. Bail Application Nos. 9688 of 2020, 9537 of 2020 and 14138 of 2020 respectively. The case of the present applicant is similar and identical to that of the aforesaid coaccused. As such the present applicant is liable to be enlarged on bail. The applicant has one criminal history to his credit except the present one but the same has satisfactorily been explained in paragraph-3 of the supplementary affidavit. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 26th August, 2022.
