Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52444 of 2019 Applicant :- Manoj Rajbhar Opposite Party :- State of U.P. Counsel for Applicant :- R.B. Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Supplementary affidavit filed by learned counsel for the applicant is taken on record.
Heard Sri R.B. Singh, learned counsel for the applicant and learned A.G.A. for the State.
The present anticipatory bail application has been filed by the applicant- Manoj Rajbhar in Case Crime No. 0083 of 2019, under Sections 376, 506 I.P.C., Police Station- Kareemuddinpur, District- Ghazipur with the prayer to grant anticipatory bail to him.
I have perused the averments made in the first information report, the order by means of which the anticipatory bail application has been rejected by the court below as well as the material placed on record.
Learned counsel for the applicant has argued that the prosecutrix is major aged about 20 years as per the averments made in the first information report. He has drawn the attention of the Court to the statement of victim recorded under Section 164 Cr.P.C. in which she has admitted that she has travelled with the applicant to different places. Therefore, the applicant who has no criminal antecedents to his credit is entitled for anticipatory bail.
Per contra, learned A.G.A. has opposed the prayer for anticipatory bail and submitted that from the bare reading of statement of the prosecutrix recorded under Section 164 Cr.P.C., it appears that there is no doubt that the prosecutrix had travelled with the applicant to different places but she has categorically stated that the applicant had committed rape with her after extending threats on different places. The allegation made against the applicant is very grievous and serious in nature. Thus, the applicant is not entitled for anticipatory bail.
After hearing learned counsel for the parties and after perusing the allegations made in the first information report and also looking to the seriousness of the allegation as made in the F.I.R., gravity of offence and the severity of punishment and the fact as advanced by the learned A.G.A., no case for grant of any indulgence is made out.
Accordingly, the application for anticipatory bail is rejected.
Order Date :- 27.11.2019/ Vikas