Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57029 of 2019 Applicant :- Asgar Ali Opposite Party :- State of U.P.
Counsel for Applicant :- Ajit Manit Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, Sri Amit Kumar, the learned Brief Holder on behalf of the State, as well as Sri K.C. Pandey, learned counsel for the informant and perused the record.
The present application for grant of anticipatory bail has been filed by the applicant in case crime No.97 of 2019, under Sections 363, 366 I.P.C. and Section 3/4 POCSO Act, Police Station Dhrmshihawa, District- Sant Kabir Nagar.
The Court finds itself unable to countenance the prayer for grant of anticipatory bail to the applicant bearing in mind the unequivocal statement of the victim recorded under Section 164 Cr.P.C. It is further pertinent to note that as per her High School certificate, her date of birth is recorded as 28 August 2004 and therefore she was evidently a minor on the date of the commission of the incident. In that view of the matter, the prayer so made is refused.
Consequently, the application is rejected.
Order Date :- 19.12.2019 Vivek Kr.