LAWS(ALL)-2020-1-578

MOHIT Vs. STATE OF U.P.

Decided On January 08, 2020
MOHIT Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Sri Awdhesh Singh, learned counsel for the applicant as well as Sri G.P. Singh, learned AGA for the State and perused the material placed on record. This bail application has been moved seeking bail in Case Crime No.18 of 2019 under sections 363, 302, 201 I.P.C., Police Station Bhaurakala, District Muzaffar Nagar, during the pendency of trial.

(2.) As per FIR, which has been lodged by the father of the deceased, on 3.2.2019 at about 6.30 p.m., his daughter Himanshi was playing outside the house went missing. FIR was lodged on the same day. She was aged about 12 years.

(3.) Submission made by the learned counsel for the applicant is that the name of the accused-applicant Mohit has come into picture during investigation in the statement of co-accused Kajal, who is sister of the deceased, who has stated that she was in love with the accused-applicant and co-accused Bharat Veer with whom she used to talk in turn and this was seen by deceased Himanshi. Her parents had also seen the co-accused Kajal talking to the accused-applicant and co-accused Bharat Veer. The deceased had complained to the father of the deceased several times which led to beating up of Kajal by her parents because of this annoyance the accused-applicant and co-accused Bharat Veer along with main accused Kajal eliminated the deceased by strangulating her to death and also by assaulting by iron rod. It is further argued that the slipper of the deceased as well as iron rod by which the deceased is said to have been assaulted, have been got recovered by co-accused Kajal from her own house. There is no recovery made from the possession of the accused-applicant or at his pointing out. The applicant is not involved in any other criminal case. The applicant is absolutely innocent and is languishing in jail since 11.2.2019. In case the applicant is released on bail he will not misuse the liberty of bail.