Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9863 of 2021 Applicant :- Akhilesh Kumar Verma Opposite Party :- State of U.P.
Counsel for Applicant :- Sunil Kumar Singh,Raj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
As per Resolution dated 07.04.2021 of the Committee of this Court for the purpose of taking preventive and remedial measures and for combating the impending threat of Covid-19, this case is being heard by way of virtual mode.
Heard learned counsel for the applicant and learned A.G.A for the State through video conferencing.
The instant anticipatory bail application has been filed with a prayer to grant an anticipatory bail to the applicant, Akhilesh Kumar Verma, in Case Crime No.0014 of 2021, under Sections-376 I.P.C. and under Section 67(a), 67(b) Information Technology Act, Police Station-Reoti, District- Ballia.
There is allegation in the first information report that co-accused, Narendra Verma, befriended the victim and entered into physical relation- ship with her. It is further alleged that he made her absence video and started blackmailing her, when the victim was married to another boy. It is alleged that co-accused, Narendra Verma, forwarded the video to the mobile phone of the applicant and other co-accused persons. Thereafter they started sending obscene videos and other messages to the girl and asked for sexual favour from her. In the statement of the victim under Section 164 Cr.P.C she has also made such allegations against the applicant.
Learned A.G.A. has opposed the prayer for anticipatory bail of the applicants. He has submitted that in view of the seriousness of the allegations made against the applicants, they are not entitled to grant of anticipatory bail. The apprehension of the applicants are not founded on any material on record. Only on the basis of imaginary fear, anticipatory bail cannot be granted.
In view of the above, it is not a fit case for anticipatory bail. Application is accordingly rejected.
However, in view of the fact that Courts below are not properly working in the present circumstances and on the request of learned counsel for the applicant, it is directed that the applicant will appear and surrender before the court below within 90 days from today and apply for bail.
Till then, no coercive action shall be taken against the applicant.
However, in case, the applicant does not appears before the court below within the aforesaid period, coercive action shall be taken against him.
It is made clear that the applicant will not be granted any further time by this court for surrendering before the court below as directed above.
Order Date :- 27.5.2021 SS