Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33191 of 2019 Applicant :- Amit Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ram Chandra Tripathi,Pankaj Kumar Tiwari Counsel for Opposite Party :- G.A.,Rama Shankar Mishra
Hon'ble Rajul Bhargava,J.
Heard Sri R.C. Tripathi and Sri P.K. Tiwari, learned counsels for the applicant, Sri Rama Shankar Mishra, learned counsel for the informant as well as learned A.G.A. for the State and perused averments made in the first information report and rejection order.
Having heard learned counsel for the parties and considering the fact that the victim is aged about 16 years and she has levelled greivous allegation of allurement that the applicant on the pretext of marriage sexually exploited her and took her to different places; further the age disclosed by her in the statement under section 164 Cr.P.C. is 16 years, wherein she has given a very natural statement of the manner in which the applicant had sexually assaulted her, without expressing any opinion on the merits of the case, I find no good ground for grant of bail to the applicant- Amit involved in Case Crime No. 184 of 2019, under Sections 376, 120-B, 406 I.P.C. and Section 4 of POCSO Act, Police Station- Chhatari, District- Bulandshahr.
Accordingly, the anticipatory bail application is rejected.
However, the applicant will be at liberty to move regular bail application under section 439 Cr.P.C., if so advised.
Order Date :- 26.8.2019 Vikas