Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32844 of 2019 Applicant :- Raju @ Rajput Opposite Party :- State Of U.P. Counsel for Applicant :- Anuj Bajpai Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Sri Ravi Shanker Tiwari, Advocate has filed vakalatnama on behalf of the informant, which is taken on record.
Heard Sri Anuj Bajpai, learned counsel for the applicant, Sri Ravi Shankar Tiwari, 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.
Submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. The allegation made in the F.I.R. that the applicant has kidnapped the minor daughter of first informant aged about 14 years is totally false, in fact, the victim is major and has solemnized marriage with the applicant.
Per contra, learned A.G.A. as well as learned counsel for the informant have vehemently opposed the prayer for bail and submitted that as per the school records and Aadhar Card the victim is aged about 14 years and she is still not trace-able.
Without expressing any opinion on the merits of the case and considering the submission advanced, the nature and gravity of the accusation, I find no good ground for grant of bail to the applicant- Raju @ Rajput involved in Case Crime No. 212 of 2019, under Sections 363, 366 I.P.C. and 7/8 POCSO Act, Police Station- Jalalabad, District- Shahjahanpur.
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