(1.) Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
(2.) The instant bail application has been filed on behalf of the applicant, Manveer Alias Guddu, with a prayer to release him on bail in Case Crime No.232 of 2016, under Sections 302, 201, 34 IPC, Police Station Kotwali, District- Bareilly, during pendency of trial.
(3.) It has been submitted by learned counsel for the applicant that name of the applicant was taken by co-accused, Vishnu, in his statement and he was assigned the role of kidnapping in the murder of deceased, when his demand for ransom was not met by the father of the deceased. It has further been submitted by learned counsel for the applicant that there are number of phone calls made to the father of the deceased and also to the deceased by the applicant and other co-accused person, but no call details were collected for corroboration of extra judicial confession by co-accused. It has been submitted that applicant has been falsely implicated in this case. There is no evidence against the applicant except the statement of co-accused, Vishu, which is not relevant at this stage. The Constitution Bench of Apex Court in Hari Charan Kurmi and Jogia Hajam v. State of Bihar, 1964 SCR (6) 623, has observed: