Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38236 of 2019 Applicant :- Ankit Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohammad Akram Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. appearing for State and perused the record.
This application, under Section 438 Cr.P.C., has been filed by accused-applicant, Ankit, for grant of anticipatory bail, during the course of investigation, in Case Crime No.0158 of 2019, under Section 366 I.P.C., Police Station Naugawan, District Jyotiba Fule Nagar.
Learned counsel for applicant argued that the prosecutorix was major and as per High School Certificate, she was 19 years of age. She went away with someone, taking with her father's Cell Phone, while leaving behind applicant's Cell Phone thereat. She had gone with someone else, under her own volition, but the present applicant has been falsely implicated in this case crime number, which has been got lodged with a considerable delay, on 2.6.2019, for an occurrence, which said to have occurred on 13.5.2019. Accused-applicant is having no criminal antecedents. Hence, a prayer for grant of anticipatory bail, during investigation of this very case crime number, has been made.
Learned A.G.A. has vehemently opposed the prayer for anticipatory bail with this contention that the applicant has been named in the first information report and the prosecutorix has yet not been recovered. It was an accusation of kidnapping/abduction of a girl against her wishes, with a view to seduce her for intercourse or marrying with some one. Offence is very heinous, hence, prayer for grant of anticipatory bail, during investigation of the case, be rejected.
Having heard learned counsel for both sides and gone through the first information report, it is apparent that the prosecutorix was 22 years of age when she left her house, in the night, on 13/14.5.2019. It has been mentioned in the report that she has been enticed and taken away by Ankit, present accused-applicant. Meaning thereby, accused-applicant has been named in the first information report, and the report, with the accusation of kidnapping, abducting or inducing woman to compel her marriage, is for an offence, punishable, under Section 366 of IPC, a cognizable and non-bailable offence, triable by Court of Sessions, punishment for which imprisonment of ten years and fine is there. The prosecutorix has yet not been recovered. The offence is very grievous and as such, under all above facts and circumstances, but without commenting on merits of the case, it is not a fit case for grant of anticipatory bail, during investigation of the aforesaid case crime number.
Accordingly, this Anticipatory Bail Application stands rejected.
Order Date :- 30.9.2019 bgs/