Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39937 of 2019 Applicant :- Bhure Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kunwar Janmejay Pratam Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present anticipatory bail application has been filed by the applicant- Bhure in Case Crime No. 310 of 2019, under Sections 363, 366 I.P.C., Police Station- Bahjoi, District- Sambhal with the prayer to grant anticipatory bail to him.
I have perused the averments made in the first information report, the order by means of which the anticipatory bail application has been rejected by the court below as well as the material placed on record.
Learned counsel for the applicant has submitted that according to prosecution the allegation against the applicant is that he has kidnapped the minor daughter of the first informant who is aged about 14 years and her whereabouts are not traceable. Learned counsel states that in fact the prosecutrix is aged about 21 years and they have solemnized marriage and in this behalf certificate of marriage has been annexed as Annexure-5 to the affidavit. However, the fact remains that since the victim has not been recovered and her statement under Section 164 Cr.P.C. has not been recorded and the genuineness and correctness of the Adhara card of the victim is yet to be determined by any cogent evidence.
After hearing learned counsel for the applicant as well as learned A.G.A. and after perusing the allegations made in the first information report, gravity of offence and the severity of punishment and the fact as advanced by the learned A.G.A., no case for grant of any indulgence is made out.
Accordingly, the application for anticipatory bail is rejected.
Order Date :- 26.9.2019 Vikas