Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32862 of 2019 Applicant :- Sunil Kumar Prajapati Opposite Party :- State Of U.P.
Counsel for Applicant :- Yogendra Kumar Yadav,Pramod Narayan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused averments made in the first information report and rejection order.
Submission of the learned counsel for the applicant is that the prosecutrix has falsely implicated the applicant in the statement under Section 164 Cr.P.C., though, he was not named in the first information report. There is no allegation of rape against the applicant and it is stated the applicant had also administered her some noxious things in a cold drink when rape was committed on her by co-accused Vishal Yadav.
Learned A.G.A. has vehemently opposed the prayer for bail.
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- Sunil Kumar Prajapati involved in Case Crime No. 59 of 2019, under Sections 376, 323, 504, 506 I.P.C., Police Station- Alinagar, District- Chandauli.
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 :- 26.8.2019 Vikas