It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant has not been arrested by the police nor any incriminating material has been recovered from the possession of the applicant or his pointing out. Only on the basis of confessional statement of the co-accused, namely, Sabid and Sarkar, who have been arrested from the spot, he has been implicated in the present case. Such confessional statement given before the Police has no evidentiary value as per the Indian Evidence Act. There is no independent witness of the recovery shown the aforesaid co-accused. There is also no report of any Forensic Science Laboratory on the basis of which it can be said that the alleged recovered item shown against the aforesaid co-accused is beef or not. Apart from the above, it is also submitted that the co-accused, namely, Sabid and Sarkar have already been enlarged on bail by Coordinate Benches of this Court vide orders dated 27th September, 2022 and 13th October, 2022 passed in Criminal Misc. Bail Application Nos. 36694 of 2022 and 38833 of 2022 respectively. The case of the present applicant is on better footing to that of the aforesaid co-accused. As such the present applicant is also liable to be enlarged on bail. The applicant has one criminal antecedents to his credit except the present one but the same has satisfactorily been explained in paragraph 13 of the afÏdavit accompanying
