Court No. - 70
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 16645 of 2021 Applicant :- Akash @ Akash Choudhary Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahipal Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
This anticipatory bail application under Section 438 Cr.P.C. has been moved seeking the bail of applicant-Akash @ Akash Choudhary in the event of her arrest in Case Crime No.42 of 2021, under Sections 498-A, 376, 323, 506 I.P.C. and Section 3/4 D.P. Act, Police Station Kotwali City, District Bijnor.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
Learned counsel for the applicant submits that the applicant is innocent Jeth of the prosecutrix and has been falsely implicated in the present case over the matrimonial dispute. The prosecution story is false and fake. It is further submitted that a divorce petition has also been filed against the prosecutrix prior to the registration of present F.I.R., thus, victim / prosecutrix has falsely implicated the accused-applicant. He further argued that if the applicant is enlarged on anticipatory bail, he shall not misuse the liberty of bail and would co-operate with the investigation. Learned counsel for the applicant relied upon the decision of Supreme Court dated 29.01.2020 passed in Special Leave to Appeal (Criminal) Nos. 7281-7282 of 2017 Sushila Aggarwal and others vs. State (NCT of Delhi) and another.
Learned AGA vehemently opposed the application and submitted that the applicant is named in F.I.R. He committed rape upon the prosecutrix. In statement of prosecutrix recorded under Section 164 Cr.P.C., she levelled allegation of rape against the applicant. Investigating Officer, after completing investigation submitted charge sheet against the present accused person but accused is not appearing in the Court.
Having regard to the submissions made by learned counsel for the parties, statement of victim recorded under Section 164 Cr.P.C., allegation made against the applicant, no case for anticipatory bail is made out.
Accordingly, the anticipatory bail application is rejected.
Order Date :- 16.12.2021 Manoj