Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55901 of 2019 Applicant :- Mamta Opposite Party :- State of U.P.
Counsel for Applicant :- Manoj Kumar Tripathi,Vinod Kumar Tirpathi Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
The Court finds no ground for according anticipatory bail to the applicant in light of the allegations levelled as well as statements of the victim recorded under Sections 161 and 164 Cr.P.C. As per the averments of the victim, she was administered some substances whereafter she lost consciousness and was abducted by the accused. The allegation of the substance being administered is laid on the applicant here. Although learned counsel places reliance upon the medical examination of the victim, the Court notes that the same records her age to be 15 years "below 18 years". It is thus manifest that as per the medical examination, the victim is a minor. Learned counsel for the applicant further places reliance upon an order passed on Criminal Misc. Bail Application No. 52468 of 2019 to contend that a co-accused has already been enlarged on bail. However when the Court reads that order, it finds that there is a recordal of submissions only and no reason has been assigned by the Court for granting bail.
Consequently the prayer for enlarging the applicant on anticipatory bail is refused.
Order Date :- 16.12.2019 LA/-