Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38297 of 2019 Applicant :- Devendra Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajeev Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for applicant, learned A.G.A. appearing for State and perused the record.
This application under Section 438 Cr.P.C. has been filed by Devendra for grant of anticipatory bail during the course of investigation in Case Crime No. 221 of 2019, under Sections 452, 354(Kha), 506 I.P.C., Police Station Farah, District Mathura.
Learned counsel for applicant argued that father of informant was under debt of accused applicant and when it was demanded back this false accusation was got lodged. No such occurrence ever occurred. There is no likelihood of applicant's fleeing from course of justice. Therefore, the applicant may be enlarged on anticipatory bail.
Learned A.G.A. has opposed the bail.
From the perusal of bail application, it came to notice of this Court that informant in her statement recorded under Section 164 Cr.P.C. has categorically said that accused applicant did criminal tress-pass in the night in her house and tried to outrage her modesty. Accused applicant was well known to informant because of being a relative of Soran, next door neighbour of informant.
Looking to nature and gravity of accusation, no ground for anticipatory bail is there.
The anticipatory bail is rejected accordingly.
Order Date :- 26.9.2019 NS