Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33012 of 2018 Applicant :- Dr. Ashutosh Asthana Opposite Party :- State Of U.P.
Counsel for Applicant :- Praveen Kumar Singh,Syed Imran Ibrahim Counsel for Opposite Party :- G.A.,Raj Kumar Kesari
Hon'ble Vipin Sinha,J.
Heard Sri Syed Imran Ibrahim, learned counsel for the applicant, Sri Raj Kumar, learned counsel for the complainant and Sri Rajesh Mishra, learned A.G.A. for the State.
The present bail application has been filed by the applicant in case crime No. 302/2018 under Sections 376D, 506, 328, 120B IPC police station Cantt., District Varanasi with the prayer to enlarge him on bail.
I have perused the prosecution story as set up in the FIR and also the bail rejection order. I have also perused the statements of the victim recorded under Sections 161 & 164 Cr.P.C., contents of which are self explicit.
Contention of learned counsel for the applicant is to the effect that though the accused-applicant has been named in the FIR, however, the applicant has been falsely implicated in the present case due to ulterior motive; that the story as set up in the FIR is highly improbable; that such an incident could not have taken place inside the concerned hotel where hotel staff were also available; that there are some business meeting in which a dispute arose on account of which the applicant has been falsely implicated in the present case; that two of the co-accused, namely, Satendra Kumar Singh and Aabid Mohiuddin have already been enlarged on bail by the courts below itself, copies of which have been annexed with the bail application; that in the business meeting the victim has lost her sense and thereafter, the present proceedings have been initiated against the applicant;
Keeping in view the contention as has been raised by learned counsel for the applicant, the Court has perused the FIR and the statements of the victim recorded under Sections 161 & 164 Cr.P.C. wherein very serious and grave allegation has been made against the applicant.
Sri Raj Kumar, learned counsel for the complainant has strongly opposed the bail application with the contention that his client has been victimized by the applicant and his friends after spiking the drink of the complainant; that there is ample evidence on record to show that the active participation of the applicant in the alleged crime; that the statement of the victim is consistent with her first statement as well as the prosecution version as set up in the FIR.
Sri Rajesh Mishra, learned A.G.A. has also strongly opposed the bail application by placing reliance upon the statement of the victim recorded under Section 161 Cr.P.C. which is a very detailed and elaborate statement. He has also placed reliance upon the statements of Kishore Kunral, Pravesh Kumar Sharma, Ram Briksha, copies of which have been annexed as annexure no. 14 to the bail application and much emphasis has been laid on the statement of Vishesh Mani Tripathi to demonstrate that the victim had rang up Vishesh Mani Tripathi who was a friend of the victim and she had made an appeal to him for help and thereafter immediately the mobile phone of the victim was apparently snatched away by the applicant and who rang back up by saying that no such incident had occurred and no help is required. He has further placed reliance upon the statement of the said witness, namely, Vishesh Mani Tripathi, the relevant portion of which is being extracted herein below:
"Jab Meghna Singh ka phone mere pas gaya tha usi dauran doctor Ashutosh Asthana Meghna ka phone lekar mujhase bat kiye ki aesa kuch nahi hain, Meghna drinks kar li hain ulti kar rahi hain."
Learned A.G.A. has contended that when help was being sought by the victim from Vishesh Mani Tripathi, a friend of the victim, the present applicant in order to avoid/prevent from the said Vishesh Mani Tripathi, immediately used the phone of the victim and rang back up and said that there is no need for him as everything is under control. Reliance has also been placed upon the statement of Vishal Lakhmani wherein he has stated that "usi dauran Meghna Singh ka mere pas phone aya, Meghna boli mujhe bacha lo, voh roh rahi thi age kuch nahi bol rahi thi voh boli Redisun Hotel mein hun doctor vagairah jabardasti kar rahe hain."
The Court has also gone through the order of the trial court by means of which bail application of the applicant has been rejected which is a very elaborate and speaking order.
After hearing the learned counsel for the parties and after perusing the averments as contained in the present bail application and also looking to the seriousness of the allegations as made in the FIR, gravity of the offence and severity of the punishment, no case for grant of any indulgence is made out.
Accordingly, the application for bail is rejected. Order Date :- 31.8.2018 Anand