JUDGMENT

Dinesh Mehta, J. - This application for bail has been filed by the applicant under section 439 of the Cr.P.C. in connection with FIR No.179/2022, Police Station Savina, Udaipur for the offence under section 379 IPC.

2. Learned counsel for the applicant argued that the offence alleged against the applicant is that of theft of motorcycle and the charge-sheet has been filed and in spite of the fact that the case is triable by the Magistrate, the applicant is behind bars since 25.05.2022.

3. Inviting Court’s attention towards the charge-sheet, learned counsel for the applicant argued that the recovery of the motorcycle has not been made from the applicant-accused and it was found lying in abandoned condition. He argued that the applicant has been enroped only on the basis of confessional statement and on the basis of such confessional statement, which was got under police custody, the applicant cannot be convicted.

4. Learned Public Prosecutor on the other hand vehemently opposed the bail application and argued that there are as many as 23 cases of like nature registered against the applicant and thus, bail be not granted to him.

5. Looking to the number of cases of like nature tha