Court No. - 37
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31778 of 2017 Applicant :- Jaswant @ Putai Opposite Party :- State Of U.P. Counsel for Applicant :- Ravi Sahu Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
The instant bail application has been filed on behalf of the applicant for granting bail in Case Crime no.173 of 2015, under Sections 363 and 366 I.P.C., P.S. Roora, District Kanpur Dehat.
Briefly stated the facts of the case are that on 19.05.2015 at about 11.00 P.M.daughter of complainant aged about 17 years went for call of nature in the field then the applicant-Putai enticed away his daughter. The complainant made search of his daughter but her whereabouts is not known. Raju, father of the victim lodged an F.I.R. on 28.05.2015 at about 14.45 hours, at P.S.Roora, District Kanpur Dehat. On the F.I.R. an investigation has been started and during investigation the Investigating Officer has recorded the statement of Rameshwari wife of Raju under Section 161 Cr.P.C. on 19.11.2015. After investigation I.O. has submitted a chargesheet on 26.09.2016.
Learned counsel for the applicant submitted that the applicant is an innocent person and has not committed any offence as alleged in the F.I.R.. He further submitted that the incident took place on 19.05.2015 whereas the F.I.R. has been lodged on 28.05.2015 after nine days of the incident but no explanation of delay has been explained by the complainant in the F.I.R.. The applicant is a Driver and on the date of incident i.e. on 19.05.2015 he was driving Truck No.H.R.46-6579 to Bahraich. He has falsely been implicated in the case because first informant borrowed Rs.one lac from the applicant. The applicant made pressure upon the first informant to return his amount on 27.05.2015 but the first informant did not return his amount then some hot talk has been exchanged between them. Thereafter the first informant concocted a false story and lodged the F.I.R. against the applicant. He further submitted that the applicant is in jail since 01.08.2016. He has no criminal history.
Per contra, learned A.G.A. submitted that the victim was a minor girl aged about 17 years old and was kidnapped by the applicant. She has not yet been recovered. Mother of the victim has seen the applicant with the victim on the date of the incident, therefore, there is direct evidence against the applicant.
He further submitted that this shows serious offence levelled against the applicant since the minor girl has not yet been recovered. Therefore, the instant application has no merit and it deserves to be rejected.
In view of the facts and circumstances of the case, the instant application has no merit and is accordingly rejected at this stage.
Order Date :- 27.4.2018 Asha