The independent witness Atul in his statement recorded under section 161 Cr.P.C. has stated that Atul @ Golu Gihar is his friend who was arrested on 25.07.2021 but no evidence was found against him, therefore, he was later on given clean chit by the investigating ofÏcer by submitting report under Section 169 Cr.P.C. in case no. 264 of 2021, under sections 394, 120-B IPC, Police Station Saurikh, District Kannauj. There is no test identification parade conducted to corroborate the prosecution story, nothing incriminating article has been recovered from the possession of the applicant, which was alleged to have been looted in the alleged incident. Co-accused Karu @ Ajaypal has been released on bail by the coordinate Bench of this Court on 07.03.2022 in criminal misc. bail application 1173 of 2022. The applicant has criminal history of sixteen more cases which are explained in paragraph No. 2 of the supplementary afÏdavit filed on 01.2.2023. The bail orders of all the cases have been filed in the first supplementary afÏdavit and in second supplementary afÏdavit. The case is triable by Magistrate Ist, Class. It is further argued that the applicant is languishing in jail since 08.05.2022 and in case he is granted bail, he will not misuse the liberty and would cooperate in the trial proceedings.
