Court No. - 80
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13200 of 2021 Applicant :- Shankar Opposite Party :- State of U.P.
Counsel for Applicant :- Pankaj Kumar Shukla
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Applicant- Shankar seeks anticipatory bail in Case Crime No. 158 of 2018, under Section 376 IPC, Police Station Magorra, District Mathura.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Per contra, learned AGA has vehemently opposed the prayer for anticipatory bail and has submitted that as per the School Leaving Certificate, date of birth of the victim is 25.05.2002 and the incident is said to be taken place of 18.04.2018, as such, at the time of incident, victim is a minor, as such, no case for anticipatory bail is made out.
In view of the aforesaid facts and looking to the gravity and seriousness of the accusations and complicity of the applicant and age of the victim, I do not find it is a fit case for anticipatory bail.
This anticipatory bail application is, accordingly, dismissed.
Order Date :- 27.9.2021 Nadim Digitally signed by RAJIV GUPTA Date: 2021.09.28 11:24:38 IST Reason: Document Owner Location: High Court of Judicature at Allahabad