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, cogniza