Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that the first information report has been lodged against the unknown persons after 4 and 1/2 hours of the incident. The visuals of the CCTV footage was not clear and the same has been shown to the police informer after 8 days of the incident on the basis of which, the police has arrested the applicant and co-accused and Arun and on the basis of confessional statement he has been implicated in the present case. It is further submitted that in their statements independent witnesses Naresh and Pradeep, who saw the applicant and other four unidentified persons committing dacoity at the place of incident, have not mentioned any date and time of the incident. It is further submitted that the first informant, who was alleged to be present at the place of incident, has not sustained any injury. It is next submitted that no incriminating article has been recovered from the possession or pointing out of the applicant, the alleged recovery of one country made pistol and Rs. 1,550/- have been made without complying the mandatory provisions of Section 100 Cr.P.C., there is no public or independent witness of the alleged recovery. The first information report has been lodged under Sections 147, 148 and 302 of I.P.C. but the charge sheet has been submitted under Sections 394, 302, 412, 120-B of I.P.C.
