Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30640 of 2019 Applicant :- Satyam Pathak Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- C.M.Rai Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri C.M. Rai, learned counsel for the applicant, Sri R.J. Dwivedi, learned counsel for the complainant and learned A.G.A. for the State and perused the record.
It has been contended by the learned counsel for the applicant that the victim, who is a major girl has established physical relations with the applicant on her own sweet will and when the said relationship could not be materialized she lodged the present F.I.R. He submits that the parents of the victim has given an affidavit denying the involvement of the applicant in the present case. The applicant has no criminal antecedents.
Learned A.G.A. has vehemently opposed the prayer for bail and submitted that the victim in her statement recorded under section 164 Cr.P.C. has levelled specific allegation of rape against the applicant.
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 Satyam Pathak involved in Case Crime No. 89 of 2019 under sections 366, 376, 323 342, 506 I.P.C., police station Asother, District Fatehpur.
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 :- 30.7.2019 Shiraz