It has been argued by the learned counsel for the applicant that the applicant is not named in the present first information report lodged by the Police. After 3 days from the date of lodging of the present first information report, i.e. on 6th September, 2022 in another case, the applicant along with two other persons was arrested and on the basis of his confessional statement given before the Police, he has been implicated in the present case, which confessional statement has no evidentiary value as per Sections 25 and 26 of the Evidence Act. It is further submitted that neither the applicant has been arrested from the spot nor anything incriminating material has been recovered from his possession or his pointing out. There is no public or independent witness on the basis of which it can be said that the present applicant is involved in the commission of alleged offence. There is also no report of any Forensic Science Laboratory on the basis of which it can be said that the alleged recovery of meet is of beef. The applicant has four criminal antecedents to his credit except the present one but the same has satisfactorily been explained in paragrph-17 of the affidavit filed in support of the present application. 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 6th September, 2022.
