Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52207 of 2019 Applicant :- Faizan Askari Alias Aashu Opposite Party :- State of U.P.
Counsel for Applicant :- Mohammad Waseem Counsel for Opposite Party :- G.A.
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 Faizan Askari Alias Aashu, in the event of his arrest in Case Crime No.341 of 2019, u/s 452, 354Ka, 506 I.P.C. and Section-8 of Protection of Children from Sexual Offences Act, 2012 and Section 67 of I.T. Act, P.S.-Hafizganj, District-Bareilly.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
Submission of learned counsel for the applicant is that the applicant has been falsely implicated in the case with malicious intention. It has been further contended that the applicant has reason to believe that he may be arrested on the basis of accusation that has been made against him for having committed the alleged offence, therefore, in the event of such arrest he may be released on bail.
Learned A.G.A. has vehemently opposed the prayer for bail.
Counsel for the applicant has not been able to point out any such aspect which may persuade this Court to lean favourably towards the accused. The allegations of blackmailing and coercing an innocent girl after taking some objectionable photographs are there. The matter deserves deeper probe and this Court does not propose to put a spanner in the investigation in any manner which must be allowed to have its independent full ambit to operate and in a matter like this the accused would be needed to follow interrogation to ascertain the correct facts and the nature of accusations are such that the same appears to be a necessary part of the investigation and in a matter like this granting bail is likely to hamper the investigation to take its full swing.
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 :- 27.11.2019 M. Kumar