Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52209 of 2019 Applicant :- Mainnuddeen Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Dutt Awasthi 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 Mainnuddeen, in the event of his arrest in Case Crime No.180 of 2019, under Section 363, 366, 376 I.P.C., and Section 3/4 POCSO Act, Police Station Phaphund, District Auraiya.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Counsel for the applicant has tried to show some discrepancy between the statement of the victim given before the Magistrate and the contents of the F.I.R. Submission is that in view of the contradictory statement the applicant may be granted anticipatory bail.
Learned A.G.A. has vehemently opposed the prayer for bail.
Perusal of the statement under Section 164 Cr.P.C. shows that unambiguous allegation of committing rape upon the victim has been made against applicant and co-accused. In such circumstances, this Court does not feel inclined to lean favourably towards the accused-applicant.
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 P.S.Parihar