The learned counsel for the applicant submits that the applicant has not been named in the present first information report. On 6th May, 2022, the applicant and two other accused persons were arrested by the Police on an information given by a Police Informer. Six mobile phones and Rs. 3,500/- cash are alleged to have been recovered from the pocket of the applicant. After the said arrest, on the basis of confessional statement of the applicant the Police has implicated him in seven other cases along with the present case. It is further stated that as per the Evidence Act, the statement given before the Police has no evidentiary value. The applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that the alleged recovery of six mobile phones are planted one by the Police. There is no evidence on the basis of which it can be said that one of the mobile phones alleged to have been recovered from the applicant is same, which has been looted from the informant in the present case. No identification parade has been done in the present case. It is also stated that since the applicant is a taxi driver, the Police demanded money from him as bribe and when he refused to give the same, he has been falsely implicated in the present case on the basis of forged recovery memo. The applicant has no previous criminal antecedents to his credit. 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 since27th June, 2022.
