Allahabad High Court
Ashish Kumar @ Monoo Awasthi vs State Of U.P. on 20 July, 2021
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18050 of 2021 Applicant :- Ashish Kumar @ Monoo Awasthi Opposite Party :- State of U.P. Counsel for Applicant :- Arjun Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
Heard Sri Babu Lal Ram holding brief of Sri Arjun Singh Yadav, learned counsel for the applicant, Sri Pankaj Mishra, learned brief-holder for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant-Ashish Kumar @ Monoo Awasthi seeking enlargement on bail involved in Case Crime No.4 of 2020, u/s 376, 506 IPC, registered at Police Station Bakewar, District Fatehpur.
Learned counsel for the applicant argued that the victim who is the first informant of the matter is aged about 36 years. It is argued that the present FIR has been registered on the basis of an application moved under Section 156(3) Cr.P.C. There is no corroboration of the allegation of rape from medical evidence. It is argued that the applicant has been falsely implicated for which para 6 has been placed before the Court and it is stated that the husband of the victim had borrowed Rs.2 lacs from the applicant and there was an agreement between them which is annexure no.3 and since the applicant was asking for refund and return of the said amount, the present case has been registered to falsely implicate and create pressure on him so that the said money may not be returned. It is argued that the statement under Section 161 Cr.P.C. and 164 Cr.P.C. though states that the applicant committed rape on the victim but there are contradictions on the same. It is further argued that the entire allegations in the prosecution case are false and concocted. Learned counsel for the applicant has placed para nos.20 to 23 of the affidavit as the disclosure and explanation of the criminal history of the applicant. The applicant is in jail since 7.12.2020.
Per contra learned A.G.A vehemently opposed the prayer for bail and argued that the applicant is named in the FIR, statement under Section 161 Cr.P.C. and 164 Cr.P.C. of the victim and there is an allegation of committing rape upon the victim. It is further argued that even previously in the year 2019 the applicant was involved in a case under Sections 376, 452, 392, 506 IPC although in the said case, final report has been forwarded to the Court but the same is pending disposal as such the applicant is a man of criminal antecedent.
After having heard learned counsel for the parties, it is apparent that the applicant is named in the FIR, in the statement under Section 161 Cr.P.C. and 164 Cr.P.C. of the victim and there is an allegation of committing rape upon the victim. There is a previous case under Sections 376 IPC in which the applicant is involved and in the said case, final report has been forwarded to the Court but the same is pending consideration before the concerned court.
Looking to the facts and circumstances of the case, I do not find it a fit case for bail, hence, the bail application is rejected.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Samit Gopal, J.) Order Date :- 20.7.2021 Gaurav