Najim v. State of Up and Another

Neutral Citation No. - 2024:AHC:183901

Court No. - 69

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11350 of 2024

Applicant :- Najim Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A.

Hon'ble Ashutosh Srivastava,J.

Heard Shri Avinash Pandey, learned counsel for the applicant, learned A.G.A. for the State- opposite party and perused the material placed on record.

This application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in Case No. 151 of 2021, under Section 354, 376 IPC, Police Station Fatehpur, District Saharanpur, during the pendency of the trial.

Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. Applicant is the Nandoi of opposite party No. 2. Applicant has been summoned to face trial on the basis of summoning order dated 3.2.2023 passed by Trial Court in the aforesaid complaint case. Learned counsel for the applicant submits that neither there is any medical report of the victim nor any injury report. The applicant has been falsely summoned in Section 376 IPC. There is no criminal history against the applicant. Learned counsel for the applicant submits that there is differentiation in the statement of victim and her father recorded under Section 200 and 202 IPC. Only on the basis of bare perusal and statement of victim, no offence under Section 354 and 376 IPC can be said to be made out against the applicant.