Lalit v. State of U.P.

Court No. - 59

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48258 of 2022

Applicant :- Lalit Opposite Party :- State of U.P. Counsel for Applicant :- Dhananjay Shukla Counsel for Opposite Party :- G.A.

Hon'ble Shiv Shanker Prasad,J.

Heard learned counsel for the applicant and learned AGA for the State.

The present bail application has been filed by the applicant- Lalit with a prayer to enlarge him on bail in Case Crime No. 17 of 2022, under Sections 363 I.P.C., Police Station- Sardhua, District- Chitrakoot, during the pendency of the trial.

Prosecution case in brief is that an FIR has been lodged by the informant on 23.07.2022 against the applicant and three named person with the allegation that on 18.07.2022 at about 01.00 hours his daughter went to take medicine to Sursen Chaura and from the way the applicant and other co-accused person has enticed away his daughter.

It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. There is delay of five days in lodging the FIR and no plausible explanation has been given for delay. As per medical report, no injury has been found on the body of the victim. The victim in her statements recorded under Sections 161 and 164 Cr.P.C. has stated that on 18.07.2022 at about 12.00 p.m. when her grand father tried to beat her she left and went to Banda on walking where applicant met her and took her to her parent place. Nothing wrong has been stated against the applicant by the victim. Therefore, no case for the offence under Section 363 IPC is made out against the applicant It is further submitted that applicant has no criminal history. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 27.07.2022.