Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30524 of 2019 Applicant :- Gopendra Gupta Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Jai Prakash Prasad Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri J.P. Prasad, learned counsel for the applicant, Sri G.P. Singh, learned counsel for the complainant and learned A.G.A. for the State and perused the record.
It has been contended by the learned counsel for the applicant that the complainant-opposite party no. 2 claims to be the wife of the applicant and there appears to be some bitterness between the parties on account of which the opposite party no. 2 filed 125 Cr.P.C. application for maintenance which was dismissed by the competent court. Thereafter, she filed a complaint under the Protection of Women from Domestic Violence Act which was also dismissed for want of prosecution. He submits that in opposite party no. 2 is neither the wife of the applicant nor he had any relation with her at any point of time. There is no allegation of rape against the applicant. The applicant has no criminal antecedents.
Learned A.G.A. has vehemently opposed the prayer for bail and submitted that as per the allegations made in the F.I.R. there is allegation of rape against the applicant by the opposite party no. 2. The statement of the opposite party no. 2 under section 164 Cr.P.C. has also not been annexed with the present application.
Without expressing any opinion on the merits of the case and considering the submission advanced, the nature and gravity of the accusation, I find no good ground for grant of bail to the applicant Gopendra Gupta involved in Case Crime No.151 of 2019 under sections 323, 504, 506, 376 & 452 I.P.C., police station Gandhi Park, District Aligarh.
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 :- 30.7.2019 Shiraz