Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38241 of 2019 Applicant :- Mohit @ Manoj Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Jai Prakash Prasad Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over application moved for grant of anticipatory bail moved under Section 438 Cr.P.C. by Mohit @ Manoj, in Case Crime No. 224 of 2019, under Sections 376-D and 506 I.P.C., Police Station Asmoli, District Sambhal.
Learned counsel for the applicant argued that it was a case of false accusation. Accused applicant is of no concern. He is ready to cooperate in the investigation but police is adamant to arrest resulting infringement of his right to live guaranteed under Article 21 of Constitution of India. Hence, this anticipatory bail application.
Learned counsel for the informant Dev Raj has not opposed whereas learned A.G.A. opposed the prayer for anticipatory bail application.
Counter affidavit and thereby application moved before the trial Court annexed with this affidavit reveals that informant is not supporting the case of prosecution whereas he got this case crime number lodged and statement of prosecutrix is of this fact of commission of gang rape punishable under Section 376-D. Looking to the nature and gravity of accusation, likelihood of interference in evidence in cases of release, it is not a fit case for grant of anticipatory bail.
In view of aforesaid, the application for anticipatory bail is, accordingly, rejected.
Order Date :- 26.9.2019 Kamarjahan