Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32850 of 2019 Applicant :- Pankaj Kumar Verma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajiv Chowdhury Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Sri Hemant Kumar has filed vakalatnama on behalf of the informant, which is taken on record.
Heard Sri Rajiv Chowdhury, learned counsel for the applicant, Sri Hemant Kumar, learned counsel for the informant as well as learned A.G.A. for the State and perused averments made in the first information report and rejection order.
Learned counsel for the informant has placed the copy of the statement recorded under Section 164 Cr.P.C. of the prosecutrix in which she has given a detailed narration of the manner in which the applicant on a false pretext of getting her marriage settled with Vishal with whom she was having an affair and had went away with him on the past two occasions sexually exploited his niece.
Having heard learned counsel for the parties as well as learned A.G.A. and also the fact that the applicant is a maternal uncle of the prosecutrix who has levelled specific allegation of rape by the applicant and there is no reason for his false implication in the present case, without expressing any opinion on the merits of the case, the nature and gravity of the accusation, I find no good ground for grant of bail to the applicant- Pankaj Kumar Verma involved in Case Crime No. 215 of 2019, under Sections 328, 376 I.P.C. and Section 3/4 of POCSO Act, Police Station- Cholapur, District- Varanasi.
Accordingly, the anticipatory bail application is rejected.
However, the applicant will be at liberty to move regular bail application under section 439 Cr.P.C., if so advised.
Order Date :- 22.8.2019 Vikas