Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55952 of 2019 Applicant :- Shayra Khatoon Opposite Party :- State of U.P.
Counsel for Applicant :- Mohammed Iftekhar Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, Sri Amrit Raj Chaurasiya,the learned A.G.A. for the State and perused the record.
The instant bail application has been moved seeking anticipatory bail in light of the apprehension of the arrest of the applicants in Case Crime No. 288 of 2019, under Sections 376, 313, 506, 498-A, 120-B I.P.C., Police Station Chiluatal, District- Gorakhpur.
The Court finds itself unable to countenance the prayer for grant of anticipatory bail bearing in mind the nature of the allegations which are levelled against the applicant and her husband specifically of having forced the victim to undergo abortion. It has also come on the record that the son of the applicant and the victim were in a relationship where it is alleged that she was regularly raped. It is only thereafter when the family intervened a marriage took place. However, as per the statement of the victim recorded under Section 164 Cr.P.C., the girl is stated to be 15 years old. Even the medical report does not establish her being a major.
The prayer of anticipatory bail is consequently refused. The Application is consequently rejected.
Order Date :- 16.12.2019 Arun K. Singh (Yashwant Varma, J.)