1. Heard Sri Sajjad Husain, learned counsel for the applicants as well as learned A.G.A. for the State of U.P. through video conferencing in view of COVID-19 pandemic.
2. The instant application has been moved by the applicant seeking anticipatory bail in Case Crime No. 0038/2021, U/S : 323, 506, 366, 344, 376 I.P.C., Police Station - Kotwali Dehat, District - Balrampur.
3. It has been submitted by learned counsel for the applicant that according to the first information report, lodged by the father of the prosecutrix stating that one lady Munni Devi had introduced his daughter to one person who had enticedher away and is missing. Subsequently, when the prosecutrix was recovered, her statement under Section 161 Cr.P.C. and 164 Cr.P.C. was recorded. In the statement given by the prosecutrix, it has been stated that one Ram Prasad Thakur has enticed her away under false promises of marriage, kept her confined in a room and sexually assaulted her 10 days.
4. Her statement was also recorded before the Magistrate under Section 164 Cr.P.C. where she reiterated the same statement.
5. Subsequently,in her statement under Section 161 Cr. P.C. (Majid Bayan), she has stated that she was under the pressure, stated the name of the accused Ram Prasad Thakur, but in fact, Ram Pratap Singh is the present accused.
6. Learned counsel for applicant has vehemently argued that the said first information report is false and that he is working in the office of the DPRO and due to the dispute during panchayat election, the present F.I.R. has been lodged..
7. I have heard learned counsel for the parties and perused the record and looking into the allegation leveled against the accused and the first information report which are adequately supported by the statement of the prosecutrix recorded under Section 161 & 164 Cr.P.C. where she was unequivocally stated that she was taken away by the applicant and confined in a room and sexually assaulted for10 days, prima facie, a clear case appears to be disclosed against the applicant, and the charges are serious in nature and therefore, I do not find this is a fit case for grant of anticipatory bail.
8. Accordingly, the application for granted of anticipatory bail is rejected.
9. The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by him alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
10. The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Alok Mathur, J.) Order Date :- 11.5.2021 Ravi/