Court No. - 69
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 19585 of 2021 Applicant :- Sharukh Khan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Hari Nath Chaubey Counsel for Opposite Party :- G.A.,Bhawesh Pratap Singh
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A.
The instant anticipatory bail application has been filed on behalf of the applicant, Prakhar Jain with a prayer to release him on anticipatory bail in Case Crime No.210 of 2021, under Sections 354, 504, 506 and 7/8 POCSO Act, Police Station Rura, district Kanpur Dehat.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A. as per Section 438 (3) Cr.P.C. (U. P. Amendment) is not required.
The First Information Report of this incident was got lodged by the complainant against the applicant. It was alleged in the first information report that on 23.06.2021 at about 7.30 a.m. the applicant had molested complainant's daughter, who is aged about 14 years. It was also alleged that the complainant had given an application to the police station Rura but no action was taken by the police then an was given to the Superintendent of Police, Kanpur Dehat in this regard. It was also alleged that the applicant is continuously threatening to the complainant and his family members to made viral the said photograph on social media.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the present case. He submitted that first information report has been lodged just to tarnish the image of the applicant and his family members with an object to injure the reputation of the applicant by having him so arrested. He submitted that the applicant has no previous criminal history. He submitted that no proceedings under Sections 82 and 83 Cr.P.C. have been initiated against applicant. He submitted that charge sheet has not been filed till date. He submitted that applicant undertakes to cooperate during investigation and he will not tamper with the evidence in any way.
Learned A.G.A. opposed the prayer for anticipatory bail. He submitted that it is not a case of malicious prosecution of the applicant in the present case. He submitted that prima-facie allegations that the applicant had misbehaved with the daughter of the complainant and is continuously threatening her with dire consequences, hence the applicant is not entitled to be enlarged on anticipatory bail.
After hearing learned counsel for the parties and after perusal of the material on record, considering the antecedents of the applicant, considering the gravity of offence, considering the possibility of the applicant to flee from justice where the accusation has not been made with the object of injuring or humiliating the applicant by having him so arrested and considering the facts and circumstances of the case, this Court does not find it a fit case to grant anticipatory bail to the applicant.
Accordingly, the anticipatory bail is rejected.
Order Date :- 22.12.2021 R./