It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case for the purpose of harassment. It is further submitted that there is no independent witness of the alleged recovery. It is next contended that the applicant neither involved in any type of criminal activities nor committed the alleged crime in question. It is further submitted that as per the recovery memo prepared by the Police, which has been brought on record at page no. 25 onwards, total six motor cycles, one Scooty, one illegal pistol are alleged to have been recovered on the pointing out of the two accused persons including the applicant but from perusal of the chassis numbers and other details of the aforesaid vehicles mentioned in the aforesaid recovery memo, it is established that the alleged looted vehicle mentioned in the present first information report is not one of the vehicles which have been recovered by the Police as per the aforesaid recovery memo. Applicant has no criminal history. 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 22.08.2022.
