The court refused the application for anticipatory bail under Section 438 Cr.P.C. The applicant faced allegations of rape under Section 376 IPC. The court noted the victim's statement reiterated the FIR allegations and found no ground to grant bail.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48488 of 2019
Applicant :- Rizwan Opposite Party :- State of U.P. Counsel for Applicant :- Mohd Imran Khan Counsel for Opposite Party :- G.A.,Zafeer Ahmad
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, Sri I.P. Srivastava, the learned A.G.A. for the State, Sri Zafeer Ahmad for the informant 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. 0787 of 2019, under Sections 323, 456, 376 I.P.C., police station Swar, District Rampur.
Learned counsel for the informant has placed on the record a certified copy of the statement of the victim recorded under Section 164 Cr.P.C. on 07 November 2019. In that statement the victim has reiterated the allegations of rape as made in the first information report. In that view of the matter, the Court finds no ground to accord the facility of anticipatory bail upon the applicant. The prayer so made is refused.
The application fails and is consequently rejected .
Order Date :- 19.12.2019 faraz
1 issue framed by the court
Whether anticipatory bail is to be granted to the applicant facing alleged charges of rape.
Rizwan
Yashwant Varma
As recorded by the court registry
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