Court No. - 38
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8727 of 2021 Applicant :- Pradeep Kumar Nishad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. This anticipatory bail application has been filed on behalf of the applicant - Pradeep Kumar Nishad, seeking anticipatory bail in Case Crime No. 59 of 2021, under Sections - 376, 506 IPC, Police Station - Sikrara, District - Jaunpur, during pendency of trial.
3. Learned counsel for the applicant submits that the applicant has been falsely implicated on account of some land dispute between the parties. It is further submits that the date of commission of offence of rape has not been disclosed in the F.I.R. and only vague allegations have made.
4. On the other hand, learned AGA submits that there are serious allegations of rape accompanied with threat of making public certain video recordings of the victim.
5. Without reaching any inference of facts and keeping in mind the nature of offence alleged, the discretion claimed for grant of anticipatory bail is declined.
6. Accordingly, the present anticipatory bail application is rejected, leaving it open to the applicant to apply for regular bail, which application when filed may be considered on its own merit without being prejudiced by any observation made in this order.
Order Date :- 7.4.2021 A.Dewal