JUDGMENT

Alok Kumar Verma, J. - This bail application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with F.I.R. No.495 of 2021, registered with Police Station Jhabrera, District Haridwar for the offence punishable under Sections 379 and 411 of the I.P.C.

2. According to the FIR dated 08.10.2021, one motorcycle of the informant was stolen. The FIR was lodged against the unknown persons. During the investigation, the motorcycle was recovered from the possession of the present applicant.

3. Heard Mr. Parikshit Saini, the learned counsel holding brief of Mr. Mohd. Safdar, the learned counsel for the applicant and Mr. Rohit Dhyani, the learned Brief Holder for the State.

4. Mr. Parikshit Saini, the learned counsel appearing for the applicant, submitted that the applicant is an innocent person; he has been falsely implicated; the alleged motorcycle was not recovered from the possession of the applicant; the applicant is in custody since 23.10.2021; the applicant has no criminal history; the said offences are triable by Magistrate and the charge-sheet has already been filed, therefore, there is no chance of tampering with the