Hon'ble Ramesh Sinha, J. rejected the anticipatory bail application of Mukesh Kumar in a rape case, finding no good ground for its grant despite claims of false implication and co-accused bail.
Anticipatory bail application rejected; liberty granted to move regular bail application under section 439 Cr.P.C.
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Court No. - 1
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2852 of 2020
Applicant :- Mukesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Bhan Dubey,Anil Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri C.B. Dubey, learned counsel for the applicant, Km. Meena, learned A.G.A. for the State and perused the record.
It has been contended by the learned counsel for the applicant that all the co-accused persons have been granted regular bail by the court below. He submits that the victim was a consenting party with co-accused Ravindra, who has already been granted regular bail by the court below. The submits that the applicant has been falsely implicated in the present case only on account of the fact that he happens to be well wisher of co-accused Ravindra, hence anticipatory bail may be granted to the applicant.
Learned A.G.A. has vehemently opposed the prayer for bail and submitted that the victim in her statement recorded under section 164 Cr.P.C. has specifically made allegation of rape against the applicant along with coaccused Ravindra and Kale.
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 anticipatory bail to the applicant Mukesh Kumar involved in Case Crime No. 477 of 2015 under sections 328, 342, 420, 506, 376-D I.P.C., police station Badaut, District Baghpat.
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.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 21.9.2020 Shiraz
1 issue framed by the court
Whether anticipatory bail under section 438 Cr.P.C. should be granted to the applicant who is falsely implicated as a well-wisher of a co-accused.
1 provisions across 1 enactments
Mukesh Kumar
Ramesh Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
