In Chamber
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6802 of 2021 Applicant :- Toni @ Abhishek Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Dhirendra Pratap Singh,Bhriguram Ji,Shashi Shekhar Maurya Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Shashi Shekhar Maurya, learned counsel for the applicant and learned A.G.A. for the State through video conference.
2. This anticipatory bail application has been filed on behalf of the applicant - Toni @ Abhishek Singh, seeking anticipatory bail in Case Crime No. 803 of 2020, under Sections - 376-D, 377, 366, 313, 323, 452, 427, 504, 506, 147, 120-B I.P.C. Section 3(2)(5) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station - Belghat, District - Gorakhpur, during pendency of trial.
3. It has been vehemently urged by learned counsel for the applicant that the applicant has been falsely implicated. The main allegation is against applicant's brother and another person. The applicant had no role to play in the offence of gang rape, as alleged. Merely because the applicant is the brother of the main accused, he has been falsely implicated to cause deep harassment to the entire family of the main accused.
4. On the other hand, learned AGA has vehemently opposed the present application.
5. Having heard learned counsel for the parties, at present, the FIR discloses commission of heinous offence of gang rape. Though it may be true that no allegation of gang rape has been made against the present applicant and he is also stated to have no criminal history, at the same time, in view of all allegations made in the FIR, grant of anticipatory bail at this stage may alter fair course of justice.
6. Without drawing any inference as to fact which are still being investigated, no ground made out for grant of anticipatory bail.
7. Accordingly, the present anticipatory bail application is rejected, leaving it open to the applicant to apply for regular bail, which application when filed may be dealt with and decided on its own merit, as expeditiously as possible, without being prejudiced by any observation made in this order.
Order Date :- 13.4.2021 Abhilash