Court No. - 34
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8518 of 2021 Applicant :- Shivam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijit Saxena,Kuldeep Saxena Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, Sri Vikas Sahai the learned A.G.A. for the State and perused the record.
The instant application has been moved seeking anticipatory bail in light of the apprehension of the arrest of the applicant in Case Crime No. 007 of 2021, under Sections 354B, 447 IPC and Section 7 and 8 POCSO Act, police station Udghaiti, District Budaun.
The Court finds no ground to accord the facility of anticipatory bail to the applicant bearing in mind the allegations which are made by the victim and which stand reflected from her statement recorded under Section 164 Cr.P.C. The victim is a 16 year old girl. The submission of learned counsel for the applicant of material contradictions between the F.I.R. and the statement which was subsequently recorded also does not impress the Court in light of the unwavering stand which has been taken by the victim herself.
The application fails and is rejected.
Order Date :- 19.5.2021 faraz