The learned counsel for the applicant has argued that the FIR has been lodged by S.H.O. Sri Bahadur Singh before the Police Station Barhan, Agra being FIR No. 0099 on 23.05.2021 at 04:05 hours under the abovenoted sections against the applicant and five named accused with the allegation that the police party has got tip/information that the accused had assembled near Shiv Temple with illegal arms thereafter during the course of apprehending the applicant gun shot fire was extended and from the joint possession country made pistol 315 bore and with live cartridges etc. were sought to be recovered. He has drawn the attention of the court towards FIR starts from page no. 15 relevant extract at page no. 18 in the first line that in the FIR wherein it has been alleged that no recovery what so ever has been made from the applicant. He has further drawn the attention of the court towards paragraph no. 12 of the bail application so as to contend that in case crime nos. 93/2021, 315/2020, 409/2020, 85/2020, 87/2021 he has been enlarged on bail and in case crime nos. 110/2020, 111/2020, 119/2020 he has not been arrested. He further argued that the applicant has been falsely implicated in the present case. He next argued that the co-accused Chand Mohammad @ Jan Mohammad @ Sanjay and Shaukat @ Bhulli have been enlarged on bail by coordinate bench of this court in Crl. Misc. Bail Application Nos. 6817/2022 and 43072/2021 vide orders dated 04.03.2022 and 14.12.2021. He lastly submitted that the applicant is languishing in jail since 23.05.2021.
