Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17777 of 2021 Applicant :- Sanjay Shukla Opposite Party :- State of U.P.
Counsel for Applicant :- Amit Kumar Mishra,Rakesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard 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.15 of 2020, under Sections 363, 377, 302, 201 I.P.C. and 3/4 POCSO Act, P.S. Khanpur, District Bulandshahr with the prayer to enlarge him on bail.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case. The applicant is not named in the first information report, which was lodged against unknown persons. Learned counsel was submitted that during investigation applicant has been falsely implicated on the basis of statement of Suresh Yadav. It has been submitted that after recovery of dead-body of deceased, prosecution has developed a new and false version that deceased child has gone with applicant. It was further submitted that neither the recovery of dead-body of deceased has taken place at the instance of applicant nor any other incriminating article has been recovered from applicant or at his pointing out. Learned counsel submitted that in fact except the statement of said Suresh Yadav, there is no evidence at all against applicant. It has been submitted that applicant is languishing in jail since 28.01.2020 having no criminal history and that in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate in the trial.
Learned AGA has opposed the prayer of bail and argued that the informant, wife of informant and alleged Suresh Yadav have made statements to the effect that deceased child was taken away by applicant and after that he did not return and that after two days, dead-body of deceased was recovered.
Perusal of record shows that there is evidence against applicant that deceased child was last seen with applicant. The case relates to kidnapping, molestation and murder of eight years old child.
Considering the submissions of learned counsel for the parties, nature of accusations, gravity of offence and all attending facts and circumstances of the case, the applicant is not entitled to be enlarged on bail. Hence, the bail application of applicant Sanjay Shukla is hereby rejected.
Order Date :- 30.7.2021 Neeraj