Pushpa v. State of U.P.

Court No. - 79

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6662 of 2022

Applicant :- Pushpa Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Singh Counsel for Opposite Party :- G.A.

Hon'ble Vikas Budhwar,J.

Heard Shri Ankit Singh, learned counsel for the applicant, and Shri Shrawan Kumar Ojha, learned A.G.A. for the State.

This bail application purported to be under Section 439 of the Cr.P.C. has been moved on behalf of applicant- Pushpa for enlarging him on bail in connection with Case Crime No. 178 of 2019, under Sections 363, 364 I.P.C. registered at Police Station Sajeti, District Kanpur Nagar.

The bail application, so preferred by the applicant, has been rejected by the court below on 11.1.2022.

Learned counsel for the applicant has argued that on 13.04.2019, F.I.R. was lodged by the complainant being Smt. Gauri Devi, wife of Deep Chandra against unknown persons with an allegation that on 11.04.2019, her daughter, aged about 4-5 years was missing. However on 07.05.2019, one Smt. Killan, sister-in-law of the informant has stated that she had seen the girl with the applicant and two others namely Amit, Sangeeta and Jhabole. On the basis of aforesaid statement, the applicant has been implicated. Learned counsel for the applicant has argued that he has been falsely implicated in the said case and has sought parity with regard to one Smt. Sangeeta, Shri Amit Kumar and Jhabole @ Chandrajeet, who have been enlarged on bail. Learned counsel for the applicant has referred to the order dated 24.09.2019 passed in Criminal Misc. Bail Application No. 27086 of 2019 (Sangeeta vs. State of U.P.), order dated 06.01.2021 passed in Criminal Misc. Bail Application No. 33429 of 2020 (Amit Kumar vs. State of U.P.) and the order dated 21.12.2021 passed in Crl. Misc. Bail Application No.47003 of 2021 (Jhabole @ Chandrajeet Vs. State of U.P.). Learned counsel for the for the applicant has referred to paragraph no. 13 of the paper book so as to contend that he has no criminal history and is in jail since 21.12.2021. He lastly submits that if the accused is released on bail, he will not misuse the liberty of bail.