Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39337 of 2019 Applicant :- Neeraj Gangwar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Sujan Singh Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard Sri Sujan Singh, learned counsel for the applicant and Sri Rajesh Mishra, learned A. G. A. appearing for the State and perused the record..
Applicant has moved the present anticipatory bail application seeking bail in Case Crime No.0863 of 2019, under Section 354-A, IPC and Section 11/12 of POCSO Act, Police Station Sector-49, Noida, District Gautam Budh Nagar.
I have perused the prosecution story as set up in the F.I.R. and also the anticipatory bail rejection order.
The contention of the counsel for the applicant that applicant has been falsely implicated in the present case; that the investigation is still pending as on date; that the matter needs deeper and fairer investigation before any arrest should be given effect to; that the applicants are willing to participate and cooperate with the investigation. Therefore, the applicant may be enlarged on anticipatory bail.
Sri Rajesh Mishra, learned AGA appearing for the State has very strongly opposed the prayer for anticipatory bail with the contention that two girls have given their categorical statement under 164 Cr.P.C., copy of which has been annexed on page nos.21 and 27 of the present anticipatory bail application. He further contended that both are small girls/student and the applicant is teacher, looking to the nature of offence the applicant is not entitled to be enlarged on bail.
Having heard the counsel for the parties, looking to the gravity of the office, no case for grant of any indulgence has been made out.
Accordingly, the present anticipatory bail application is hereby rejected.
Order Date :- 26.9.2019 VKG