An anticipatory bail application was dismissed. The court found no grounds for bail due to the victim's statement implicating the applicant alongside Vimal and noted lack of animus against the informant, leading to rejection of the prayer.
The prayer for anticipatory bail is refused and the application stands rejected.
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Court No. - 69
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 66 of 2020
Applicant :- Sukhdev Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Pravesh Yadav 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. 0173 of 2019, under Sections 354, 506 I.P.C. and Sections 7/8 Protection of Children From Sexual Offences Act, police station Makkhanpur, District Firozabad.
The Court finds no ground to accord the facility of anticipatory bail to the applicant bearing in mind the statement of the victim as recorded under Section 164 Cr.P.C. in which she names Vimal as well as the applicant. The Court further bears in mind that no animus as such is alleged against the informant. The prayer so made is refused.
The application consequently stands rejected .
Order Date :- 18.1.2020 faraz
2 issues framed by the court
Whether anticipatory bail ought to be accorded under Section 438 Cr.P.C. given the apprehension of arrest in a POCSO case.
Whether the victim's statement recorded under Section 164 Cr.P.C. naming the applicant and Vimal warrants rejection of bail prayer.
4 provisions across 3 enactments
Sukhdev
State of U.P.
Another
Yashwant Varma
As recorded by the court registry
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