Court No. - 80
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 14674 of 2021 Applicant :- Kamlesh Opposite Party :- State Of U.P. Through Its Additional Chief Secretary Counsel for Applicant :- Manoj Kumar Shukla,Lavesh Sharma,Ravindra Sharma Counsel for Opposite Party :- G.A.
Digitally signed by RAJIV GUPTA Date: 2021.09.23 16:48:10 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Applicant- Kamlesh seeks anticipatory bail in Case Crime No. 482 of 2020, under Sections 354-A, 504, 506 IPC, Police Station Dhoomanganj, District Prayagraj.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that civil dispute in respect of property in question is going on between the parties. The allegation of committing rape upon the victim against the applicant is cooked up and concocted. There is inconsistency in the statement of victim recorded under Section 161 CrPC with that of her statement recorded under Section 164 CrPC.
Per contra, learned AGA has vehemently opposed the prayer for anticipatory bail and has pointed out that the applicant has criminal antecedents and in the statement of the victim recorded under Section 164 CrPC, specific role of committing rape upon the victim has been assigned to the applicant Kamlesh along with one Arun, as such, no case for anticipatory bail is made out.
In view of the aforesaid facts and looking to the nature of offence, gravity and seriousness of the accusations and specific complicity of the applicant, I do not find it is a fit case for anticipatory bail.
This anticipatory bail application is, accordingly, rejected. Order Date :- 22.9.2021/Nadim