ORDER :

(Sameer Jain, J.)

1. Heard Sri Upendra Kumar Pushkar, learned counsel for the applicant and Sri Jhamman Ram, learned A.G.A.Ist for the State-respondent.

2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 380 of 2022, under Sections 414, 420 IPC, Police Station Kotwali, District Aligarh, during pendency of the trial in the court below.

3. FIR of the present case was lodged against applicant under Sections 414, 420 IPC and according to the FIR, from the possession of the applicant one stolen motorcycle was recovered and he was driving the stolen motorcycle after changing its number plate.

4. Learned counsel for the applicant submitted that entire allegations made against the applicant are totally false and baseless and on the basis of false recovery of one stolen motorcycle, applicant has been made accused in the present matter. He further submitted that applicant is not having any previous criminal history and he is in jail in the present matter since 11.10.2022.

5. Per contra, learned AGA although opposed the prayer for bail but could not dispute the fact that applicant is not having any previous criminal history and in the p