(1.) Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
(2.) The present bail application has been filed by the applicant seeking bail in Case Crime No. 437/2022, under Ss. 3/25/35 of Arms Act, Police Station- Phoolpur, District - Varanasi.
(3.) Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present crime. He further submits that no specific role has been assigned for commission of the alleged crime; nothing incriminating article has been recovered from the possession of the applicant or his pointing out; there was no independent or public witness to the alleged incident or recovery; the offence is triable by the Magistrate. It is also submitted that there is no apprehension that after being released on bail, the applicant may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 7/10/2022 and the possibility of conclusion of trial in near future is very bleak.