SADI NAI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.

(2.) The submission is that the FIR was lodged on 22.01.2018 stating that the daughter of the informant aged about 9 years went to her school on 22.01.2018 at about 08:30 am - 9:00 am and thereafter she did not came back. In the CCTV camera of the school she was seen coming out of the school at 2:25 p.m but nothing has been found thereafter. The FIR was lodged against unknown accuseds by the father of the minor. The statement of the mother of the deceased was recorded wherein she implicated 8 persons, namely, Sumit son of Naresh Bhadoria, Mohit son of Suresh Bhadoria, Akshay, Naresh Bhadoria, Satrughan, Chotu and Pinto. The applicant was not named anywhere by the mother of the deceased. It has been submitted statement of the neighbour of the informant, namely, Ram Krishna Srivastava, was recorded on 23.04.2019 and in the aforesaid statement he stated that the mother of the deceased had illicit affair with the co-accused Aprit Kumar @ Bantu and the applicant has friendship with co-accused Aprit Kumar @ Bantu and they murdered the daughter of the informant. He has stated that earlier on account of fear of the criminals she did not disclosed his name.

(3.) Counsel for the applicant has submitted that it is clear from the entire facts that the applicant has been implicated after more than a year and it appears that to save the accuseds named by the mother of the deceased he has been falsely implicated along with co-accused, Aprit Kumar @ Bantu. There is no other evidence against him except the statement of the neighbour of the informant. The story of his illicit relationship with the mother of the deceased has been cooked up only to exonerate the accuseds named by the mother of the deceased and to implicate the applicant. Counsel for the applicant further submitted that co-accused Aprit Kumar @ Bantu has already been granted bail by the co-ordinate Bench of this Court vide order dated 20.01.2020 in Criminal Misc. Bail Application No. 2970 of 2020.