Court No. - 73

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S

438 CR.P.C. No. - 6314 of 2021

Applicant :- Akash

Opposite Party :- State of U.P.

Counsel for Applicant :- Upendra Kumar Pushkar

Counsel for Opposite Party :- G.A.

Hon'ble Siddharth,J.

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

The instant anticipatory bail application has been filed on behalf of the

applicant, Akash, with a prayer to release him on bail in Case Crime No.

121 of 2020, under Sections- 328, 342, 366-A, 376-D, 506 I.P.C. and

Section 3/4 of POCSO Act-2012, Police Station- Gabhana, District-

Aligarh, during pendency of trial.

There is allegation in the F.I.R that victim is aged about 17 years. In the

medical report, her age has been found to be 20 years. In her statement

recorded u/s 164 Cr.P.C., she has made allegation of gangrape against all

the accused persons. Hence, no ground is made out for grant of

anticipatory bail to the applicant.

Learned counsel for the applicant prays for some protection to obtain bail

from the court below.

On the request of learned counsel for the applicant, it is directed that the

applicant will appear and surrender before the court below within three

weeks' from today and apply for bail.

Till then, no coercive action shall be taken against the applicant.

However, in case, the applicant does not appears before the court below

within the aforesaid period, coercive action shall be taken against him.

It is made clear that the applicant will not be granted any further time by

this court for surrendering before the court below as directed above.

With the aforesaid directions, this application is finally disposed of.

Order Date :- 22.3.2021

KS