Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19351 of 2017 Applicant :- Abhishek Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar Yadav,Ashok Kumar Singh,Pratibha Singh Counsel for Opposite Party :- G.A.,Amit Goyal,Rajeev Nayan Singh
Hon'ble J.J. Munir,J.
Heard Sri Ashok Kumar Singh, learned counsel for the applicant and Sri Kamal Singh Yadav, learned AGA appearing for the State.
This is an application for bail on behalf of Siddharth Beniwal @ Y.R. Rana @ Yugal Rajrana in Case Crime No.150 of 2017, under Sections 452, 323, 376,511, 506 IPC and Section 8 of Protection of Children from Sexual Offence Act, 2012, P.S. Awagarh, Disgtrict Etah.
The submission of the learned counsel for the applicant is that from a reading of the first information report and the statement of the prosecutrix recorded under Section 164 Cr.P.C. no offence under Section 376 IPC of which amongst others he stands charged is made out; that there is no act which constitutes rape and falls within any of the clauses of Section 375 IPC as alleged so as to attract the provisions of Section 376 IPC; that at best, without prejudice to the case of the applicant has been falsely implicated, the offence would not travel beyond 354 IPC or for the worse section 376/511 IPC; that even otherwise the allegation have been levelled recklessly and without any basis of which there is no evidence and that the applicant is an young man who is in jail since 24.03.2017 as an under trial with no progress being made in the trial even though the case has been committed.
The learned AGA has opposed the prayer for bail and submitted that the applicant is involved in an offence that has become a social menace to women folk in the society and takes various forms such as eve teasing, the stalking and here the applicant has even attempted rape as the statement under Section 164 Cr.P.C. would show. The learned AGA has laid particular emphasis on the fact that the applicant has a criminal history of two cases being case crime no. 506 of 2015, under Sections 147, 352, 504, 452, 323, 324, 506, 427 IPC, P.S.
Awagarh, District Etah and in Case Crime No. 95 of 2008, under Section 376 IPC, P.S. Awagarh, District Etah; that in both the aforesaid cases the applicant has been released on bail and that in the second case, that is to say, the case under Section 376 IPC as a juvenile; that in the submission of the learned AGA the present crime is of the same genre as the one committed by him as a juvenile; and, that the applicant having committed the present offence while he was on bail in the earlier cases he is not entitled to further indulgence.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, in particular, the fact that the applicant is out on bail in the two earlier offences, one of them being under Section 376 IPC, this Court without expressing any opinion on merits, does not find it to be a fit case for bail at this stage. The bail application stands rejected at this stage.
The trial Court, where the case is pending, is directed to proceed with and conclude the trial positively within a period of six months from the date of communication of a copy of this order.
The witnesses, if they do not appear on the first summons, shall have their attendance secured through immediate issue of coercive processes, and, once a witness appears he/she will not be discharged till his/her evidence is concluded.
Order Date :- 30.3.2018 Imroz