Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3968 of 2019 Applicant :- Krishn Kumar @ Krishna Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Manoj Kumar Verma, learned counsel for the applicant and learned A.G.A. for the State.
The present bail application has been filed by the applicant in Case Crime No. 78 of 2018, u/s 363, 366, 304 IPC, P.S. Sisamau, District Kanpur Nagar with the prayer for enlarging him on bail.
Learned counsel for the applicant submits that he is wholly innocent and has been falsely implicated in this case. It is stated that infact the applicant as well as the victim were having love affair and both wanted to get marry but family members of the victim were not ready for the same, therefore, the victim eloped with the applicant and reached Bikaner where both of them consumed poison in order to commit suicide, however, the victim could not survive though the applicant tried his best to save her life, therefore, the applicant may be enlarged on bail.
Per contra learned AGA opposed the prayer for bail and submitted that as per school certificate, the victim was hardly 13 years of age and the applicant has not placed anything material to suggest that in order to commit suicide the applicant had also consumed poison; it is further stated that the applicant has not denied that the victim was in her company and died on account of poison.
Having heard learned counsel for the applicant, learned AGA for the State and considering the age of victim to be 13 years and nature and gravity of offence, I do not find it to be a fit case for enlarging the applicant on bail. The bail application is, accordingly, rejected.
Order Date :- 29.1.2019 Dhirendra/