Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 18724 of 2021 Applicant :- Meenakshi Chauhan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohit Kumar Singh,Sujata Choudhary Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Hare Ram, learned counsel for the applicant, Sri Akhilesh Kumar Tripathi, learned A.G.A. appearing for the State and perused the record.
Learned counsel for the applicant is permitted to file his 'vakalatnama' in the office by tomorrow. If any such vakalatnama is filed, office shall trace out the same and place it on record.
This anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant , seeking anticipatory bail, in the event of arrest in Case Crime No. 0304 of 2021, under Sections 323, 328, 376(D), 420 & 506 I.P.C., Police Station- Pallav Puram, District - Meerut till disposal of trial.
Learned counsel for the applicant argued that the applicant is a lady and the allegation in so far as gang rape is concerned is on Ajay Chauhan and Aniketh Chauhan. It is argued that the allegation is that in the house of the applicant, the prosecutrix was given some item to drink after which she became unconscious and was gang raped by two co-accused persons. The applicant has not been assigned any specific or overt act in the matter and has been falsely implicated in the present case due to ulterior motive. The case of the applicant is distinguishable with that of co-accused Ajay Chauhan and Aniketh Chauhan. It is argued that the applicant has no criminal history as stated in paragraph 13 of the affidavit.
Per contra, learned counsel for the State has opposed the prayer for anticipatory bail and argued that the applicant is named in the first information report as in her house gang rape was committed.
After having heard learned counsel for the parties and perusing the records, it is apparent that the applicant is named in the first information report and there are allegations against her. The present case is a case of gang rape. The house of the applicant was used for the said offence.
The present anticipatory bail application is rejected.
Order Date :- 20.12.2021 nd (Samit Gopal, J.)