In this criminal miscellaneous anticipatory bail application, the High Court rejected the prayer of the applicant seeking bail in a case involving offences under sections 363 and 506 I.P.C., finding no good ground for bail.
Anticipatory bail application rejected.
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Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 19359 of 2021
Applicant :- Mehtab And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Ayyuq Hasan Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicants, learned AGA on behalf of the State and perused the record.
This anticipatory bail application (under section 438 Cr.P.C. ) has been moved by the applicants, Mehtab & Burhan seeking bail in Case Crime No.164 of 2021, under Sections 363 & 506 I.P.C., Police Station Kotwali Dehat, District Saharanpur, till conclusion of trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. From the statement recorded under sections 161 & 164 Cr.P.C., no case is made under section 376 I.P.C. As per medical report, the applicant is about 19 years.
Per contra, learned AGA has vehemently opposed the bail prayer of the applicant and submits that as per High School Certificate, she is below 16 years. This fact has come in the rejection order of the court below and there is direct allegation against the applicant. No case is made out to grant anticipatory bail to the applicant.
Considering the facts and circumstances of the case and submissions of the parties and looking to seriousness and gravity of offence, evidence, complicity of the accused, without expressing any opinion on the merits of the case and considering the submission advanced, I find that no good ground is made out for enlarging the applicant on bail.
The anticipatory bail application is accordingly, rejected.
Order Date :- 3.12.2021 SKD
1 issue framed by the court
Whether any good ground is made out for granting anticipatory bail to the applicant accused of offences under sections 363 and 506 I.P.C.
1 provisions across 1 enactments
Mehtab And Another
Deepak Verma
As recorded by the court registry
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