It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It is submitted that initially the first information report was registered in Case Crime No.160 of 2019, under Section 363 of IPC, Police Station Nawabganj, District Bareilly against one Sunil Kumar. The informant in his statement stated the name of only Sunil Kumar to be involved in the crime. On the basis of the confessional statement of Sunil Kumar, the case was converted under Section 364A, 302, 201 of IPC. The applicant has no concerned with the Sunil Kumar in any manner. Charge sheet came to be filed against present applicant only under Section 386 of IPC while the charge sheet has been submitted against co-accused Sunil Kumar under Section 364A , 302, 201 of IPC. It is submitted that at the time of his arrest he was pursuing the course of BCA and was also doing a job at Noida. Three witnesses of fact have been recorded and they have not stated anything about the present applicant. It is further submitted that applicant is languishing in jail since 04.05.2019 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
