The single judge dismissed the anticipatory bail application, holding that the prosecutrix had categorically stated the applicant's involvement in the offence. Consequently, the applicant was found not to deserve interim relief.
Anticipatory bail application dismissed; no relief granted to the applicant.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4727 of 2021
Applicant :- Sanjay Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This anticipatory bail application has been filed on behalf of the applicant seeking anticipatory bail in Case Crime No. 0237 of 2020, under Sections - 376, 511, 354, 504, 506 I.P.C. & 7/8 The Protection of Children from Sexual Offences Act, 2012 & 3(1)(D), 3(1)(Dha), 3(2)(V) The Scheduled Caste & The Scheduled Tribes (Prevention of Atrocities) Act, Police Station - Mubarakpur, District - Azamgarh, during the pendency of trial.
Upon consideration of the various aspects of this case and in particular fact that so far as the involvement of the applicant is concerned, that is confined to the act alleged under Sections - 376, 511 I.P.C. but in so far as the role of the applicant is concerned, the prosecutrix in her statement recorded under Sections – 161 and 164 Cr.P.C. has categorically stated about participation of the applicant in the offence in question along with others. It being so, the applicant does not deserve any interim relief.
Consequently, the instant anticipatory bail application is dismissed .
Nothing has been observed on the merit of the case.
Order Date :- 13.8.2021 S Rawat
1 issue framed by the court
Whether anticipatory bail should be granted to the applicant in charges of rape, criminal conspiracy, and sexual assault.
4 provisions across 2 enactments
Sanjay Yadav
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
