Court No. - 52
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 17367 of 2021 Applicant :- Manish Kumar Garg Opposite Party :- State Of U.P And Another Counsel for Applicant :- Yogendra Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Yogendra Pal Singh, learned counsel for the applicant and Sri Akhilesh Kumar Tripathi, learned counsel for the State and perused the record.
The instant application has been moved by Manish Kumar Garg, seeking anticipatory bail in light of apprehension of the arrest of the applicant in Case Crime No. 312 of 2021, under Sections 365, 376, 342, 506 IPC, P.S.- Pilkhuwa, District Hapur.
The prosecution case as per the First Information Report lodged on 28.06.2021 by Harendra Kumar is that his daughter went from the house on 25.06.2021 at about 01:00 pm stating that she is going for check up of her eye but did not come back. On repeated efforts to contact on her mobile she is not responding on the same. Later on, a phone was received on his mobile and the person calling was one Fara who stated that his daughter will not come back soon. He has suspicion that his daughter is with Fara, the said First Information Report has been registered against Fara.
Learned counsel for the applicant argued that the applicant is not named in the First Information Report and has been falsely implicated in the present case. It is argued that the prosecutrix/victim in her statement recorded under Section 161 Cr.P.C. has stated that she went out of her own sweet will and there is no one involved in the said case. She states that she is married women and her husband was having extramarital affairs with his bhabhi. She is aged about 31 years and her son is aged about 5 years. Subsequently, in the statement under Section 161 Cr.P.C. she stated that she went to the applicant though subsequently in her statement under Section 164 Cr.P.C. she changed the said version and has stated that she received a call from the applicant who told himself to be a doctor and told her that he will get her treated in Delhi as she was ill. Then the applicant started threatening her and called her and took her and kept in her in confinement her and raped her. Even he clicked objectionable photographs of the prosecutrix on gun point.
It is argued that the prosecution story is false and incorrect. The prosecutrix went from the house out of her own sweet will. The applicant has no criminal history as stated in para 29 of the affidavit.
Per contra, learned counsel for the State opposed the prayer for anticipatory bail and argued that the applicant is named in the statement under Section 161 Cr.P.C. and 164 Cr.P.C. There is an allegation of the applicant committing rape upon the prosecutrix. The prosecutrix has stated that her objectionable photographs have been clicked by the applicant hence, the matter requires for investigation. It is required so that there may be recoveries of the said photographs which would be important for investigation.
After having heard the counsels for the parties and perusing the records, it is evident that the prosecutrix has named the applicant in the statement under Section 161 Cr.P.C. and 164 Cr.P.C. There is an allegation of rape and even objectionable photographs are stated to have been clicked by the applicant. I do not find a fit case for interference.
Accordingly, the present bail application is rejected.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 23.10.2021 M. ARIF Digitally signed by Justice Samit Gopal Date: 2021.10.25 09:49:43 IST Reason: Document Owner Location: High Court of Judicature at Allahabad