Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50035 of 2019 Applicant :- Durgesh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Arvind Kumar Yadav Counsel for Opposite Party :- G.A.,Shailendra Kumar Yadav
Hon'ble Karuna Nand Bajpayee,J.
This anticipatory bail application u/s 438 Cr.P.C. has been moved seeking the bail of applicant namely Durgesh, in the event of his arrest in Case Crime No.243 of 2019, under sections 323, 354A, 363, 506 I.P.C. & 8 POCSO Act, Police Station- Khutahan, District- Jaunpur.
Heard learned counsel for the applicant, learned counsel for the complainant and learned A.G.A. for the State and perused the record.
It appears to be a very serious matter. A minor girl was kidnapped from her house in the night who was taken away where she was denuded and raped. Applicant is one of the persons who along with co-accused is said to have kidnapped the victim. Such allegations have been made by the victim herself before the Magistrate in her statement recorded under section 164 Cr.P.C.
After considering the submissions advanced on behalf of rival sides, the nature and gravity of the accusation and the material in support of the same, I find no good ground for grant of anticipatory bail to the applicant.
Accordingly, the anticipatory bail application is rejected.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 29.11.2019 shiv