Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56269 of 2019 Applicant :- Rahul And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Syed Shahnawaz Shah Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicants, Sri Om Prakash, the learned A.G.A. for the State and perused the record.
The instant bail application has been moved seeking anticipatory bail in light of the apprehension of the arrest of the applicants in Case Crime No. 751 of 2019, under Sections 452, 323, 354 Kha, 504, 506 I.P.C., Police Station Kankerkhera, District- Meerut.
The Court finds itself unable to countenance the prayer for anticipatory bail bearing in mind the statement of the informant and his wife as recorded under Section 161 Cr.P.C., which are also noticed in the order of the Sessions Court while rejecting the application for anticipatory bail. Learned counsel for the applicants has principally contended that the applicants and the informant are neighbours and while a scuffle and altercation may have taken place, there is no probability of the applicant having assaulted or violated the modesty of the wife of the informant. The Court however finds itself unable to sustain this submission at least at this stage in light of the categorical allegation which is made by the wife of the informant under Section 161 Cr.P.C.
Bearing in mind the allegations that the modesty of a lady was violated, the prayer for anticipatory bail is refused.
The Application is consequently rejected.
Order Date :- 17.12.2019/Arun K. Singh (Yashwant Varma, J.)