Court No. - 79

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION

U/S 438 CR.P.C. No. - 20365 of 2021

Applicant :- Anees Mohammad And Another

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Khalid Mahmood,Sadaful Islam Jafri

Counsel for Opposite Party :- G.A.

Hon'ble Ajay Bhanot,J.

Heard Sri Sadaful Islam Jafri, learned counsel for the

applicant and learned A.G.A for the State.

This Cour while deciding the challenge to chargesheet

filed on 14.04.2018 in Application U/S 482 No. 34700

of 2018 (Pesh Mohammad and Another Vs State of

U.P. and Another) observed as under:-

"As per the allegations made in the FIR, it is alleged that on

27.09.2017 at about 4:00 P.M., the victim had gone to answer

the call of nature where the applicants had forcibly kidnapped

her in a vehicle. In the statement of the victim recorded under

Section 164 CrPC, specific allegations of commission of rape

has also been alleged and the applicants are said to have

threatened her for life."

Finally after declining to quash the chargesheet and the

cognizance order the application under Section 482

was decided in the following manner:-

"The prayer for quashing the charge-sheet, cognizance order as

well as the entire proceedings is therefore refused.

However, it is directed that if the applicants appear and

surrender before the court below and apply for bail, their prayer

for bail shall be considered and decided as expeditiously as

possible after giving opportunity of hearing to both the parties.

With the aforesaid observations, this application under Section

482 CrPC is finally disposed of."

The applicants have not been able to satisfy the Court

regarding their conduct after their application under

Section 482 was rejected on 28.11.2019.

No credible explanation has been given as to why the

applicants evaded the process of law for almost two

years. The applicants are a flight risk. Even on merits

the victim in her statement under Section 164 Cr.P.C.

has made specific allegations against the applicants.

Grant of anticipatory bail at this stage in such view

will not serve the ends of justice.

No case for grant of bail is made out at this stage.

The anticipatory bail application is rejected.

Order Date :- 8.2.2022

Pravin

Digitally signed by PRAVIN VERMA

Date: 2022.02.15 17:29:02 IST

Reason:

Location: High Court of Judicature

at Allahabad