Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26898 of 2016 Applicant :- Kushhar Opposite Party :- State Of U.P.
Counsel for Applicant :- Abhishek Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Priyavarta Tripathi, Advocate holding brief of Sri Abhishek Srivastava, learned counsel for applicant and learned A.G.A. for State. Counter affidavit filed today by learned A.G.A. for State.
2. The present bail application has been moved by accused- applicant for enlarging him on bail in Case Crime No.124 of 2015 under Sections-363, 366, 376 IPC, Police Station- Campierganj, District-Gorakhpur.
3. The victim has stated under Section 161 Cr.P.C. that the applicant and another committed rape upon her after beating one Vipin Kumar and same statement has been given under Section 164 Cr.P.C. before Magistrate. I am also informed that trial is still going on and had not concluded. Looking into entire facts and circumstances, I do not find it a fit case for grant of bail.
4. Application is, accordingly, dismissed.
Order Date :- 30.5.2019 Manish Himwan