@ Jaid. Informer, further informed that Yasir has been murdered and his brother, Asif, is alive and residing in a village of District-Pratapgarh. Statement of Asif was recorded under Section 161 Cr.P.C.. Further on the basis of statement of Asif, the investigating officer recorded the statement of one witness, Abdul Waleed. On the basis of statements of aforesaid, Asif and Abdul Waleed, the applicant was arrested on 02.04.2021 and his confessional statement was recorded and thereafter, recovery of a country made pistol was made on his pointing out. In his confessional statement, subsequently recorded, applicant is alleged to have confessed to the commission of alleged murder of Dr. A.K. Bansal. He admitted that coaccused, Mohd. Abrar, introduced Maksood @ Jaid, Yasir and applicant to Akhtar @ Ashraf and co-accused, Mohd, Abrar, provided motorcycle and weapon to Maksood @ Jaid, Yasir and applicant and also paid Rs. 5 lakhs in advance for committing the murder of the Dr. A.K, Bansal. It was further confessed by the applicant before police that after committing the alleged offence motorcycle and pistol used in the crime were returned to co-accused, Mohd. Abrar. Statement of co-accused, Dileep Mishra, was also recorded, but he did not named the applicant. Subsequently, coaccused, Alok Kumar Sinha, was also asserted and his statement was recorded. It is alleged that he was the main conspirator, but he did not named the applicant. Name of co-accused, Alok Kumar Sinha, was taken by Dileep Mishra in his statement. Learned counsel for applicant has further submitted that implication of applicant was made on the basis of his extra-judicial confessional statement and such statements of other coaccused. Co-accused, Yasir, was murdered on 06.03.2017. In his murder, name of co-accused, Maksood @ Jaid, came to the light. Subsequently, during investigation, Asif son of Hakim, whose statement was made on the basis of implication of applicant in this case had grudge against the applicant and he tried to introduce the name of applicant in this case alongwith the co-accused, Maksood @ Jaid, in the case of murder of coaccused, Yasir, being Case Crime No. 51/2017, P.S- Ante, DistrictPratapgarh. It has further submitted that there is no direct evidence against the applicant. He has submitted that in the CCTV, footage collected from the place of incident two persons are seen entering and escaping from the place of occurrence, but their faces are not clear and hidden by clothes. The alleged eye witnesses, Abdul and Asif, are not seen anywhere in the CCTV footage. No test identification parade was conducted to identify applicant. Applicant has been implicated in this case by the police only to work out the case which could not be solved by the police for more than four years. Because of alleged money dispute of co-accused, Alok Kumar Sinha, with the deceased, applicant has been implicated alongwith other co-accused in this case. He has submitted that applicant has criminal history of seven cases, but prior to present implication, applicant had criminal history of only three cases.
