Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32835 of 2019 Applicant :- Ateek Ansari Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashish Kumar Gaur Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused averments made in the first information report and rejection order.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and he has been falsely implicated in the present case. The applicant is not named in the first information report and his name was taken by the victim in her statement recorded under Section 164 Cr.P.C. The applicant has no criminal antecedents to his credit. Therefore, the applicant may be allowed anticipatory bail.
Per contra, learned A.G.A. strongly opposed the prayer for bail and submitted that the allegations against the accused in the first information report are very grievous in nature as the applicant and his associates had outraged the modesty of the victim in front of her husband and allegation of rape is also made against some of the accused. Therefore, the applicant is not entitled for anticipatory bail.
Having heard learned counsel for the applicant as well as learned A.G.A., considering the overall facts and circumstances of the case, the nature and the gravity of the accusation, without expressing any opinion on the merits of the case, I find no good ground for grant of bail to the applicant- Ateek Ansari involved in Case Crime No. 106 of 2019, under Sections 147, 323, 504, 342, 376 I.P.C., Police Station- Amaria, District- Pilibhit.
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 :- 22.8.2019 Vikas