KRISHNA YADAV Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

(2.) THIS bail application has been moved on behalf of the applicant, Krishna Yadav, who is involved in Case Crime No.232 of 2013, under Sections 363, 366, 506 IPC, P.S. Kotwali Katra, District Mirzapur.

(3.) LEARNED counsel for the applicant has contended that the applicant is innocent and has been falsely implicated. It is further contended that the incident is alleged to have taken place on 03.12.2012, whereas the FIR has been got lodged on 13.03.2013 through an application u/s 156(3) Cr.P.C. moved on 17.01.2013 for enticing away the victim aged about 13 years, daughter of the informant by Krishna Yadav son of Lalata Yadav, resident of Dhoni Chowk, P.S. Dhartilav, District Mathura and Ajay Yadav son of unknown. It is further submitted that the applicant has been implicated only on the basis of suspicion bearing the first name as Krishna Yadav, whereas the father's name of the applicant is Shyam Kumar Yadav, resident of Chandrapuri Colony, P.S. Highway, District Mathura. It is further submitted that the similar statement was given by the complainant in her statement u/s 161 Cr.P.C., but after more than one and half years i.e. on 28.08.2014, Bhola Gupta, the brother of the victim gave his statement before the Investigating Officer that the applicant had enticed away his sister as he was used to meet her lonely, but it was not believable that he took her away. He also stated the correct father's name and address of the applicant and told that his mother had wrongly mentioned his address. He also stated that the information about enticing away his sister was given to him by Ram Babu Gupta and Thakur Prasad. It is further submitted that Ram Babu Gupta and Thakur Prasad were also interrogated by the Investigating Officer on 28.08.2014 i.e. after more than one and half years and they have also stated to see the applicant along with the victim at Railway Station, Mirzapur. It is submitted that the said statements of two witnesses namely Ram Babu Gupta and Shiv Pal Kannaujia is nothing but an afterthought as they for the first time after more than one and half years have stated about the last seen the applicant along with the victim. It is further submitted that the applicant has been implicated only on the basis of suspicion and there is no credible evidence against him to connect with the present crime. It is further submitted that the applicant is in jail since 07.09.2014 i.e. for about five months, but even the victim could not be recovered so far, which shows false implication of the applicant in this matter. It is lastly contended that the applicant has no other criminal history and is in jail since 07.09.2014 and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.