The court rejected an anticipatory bail application, holding that since the Trial Court has already extended summons under Section 319 Cr.P.C., no case exists for granting anticipatory bail at this stage. Remedial avenues remain under Section 319 Cr.P.C.
Application stands rejected; no anticipatory bail granted.
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Court No. - 42
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7683 of 2021
Applicant :- Upendra Opposite Party :- State of U.P. Counsel for Applicant :- Awadhesh Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri A.K.Yadav, learned counsel for the applicant, learned A.G.A. for State of U.P. and perused the record.
From the record it appears that a First Information Report was lodged as Case Crime No.108 of 2019 under Section 376(D) IPC and 5/6 of Protection of Children from Sexual Offence Act against one Ramdeen on 17.4.2019. It appears that after investigation, charge sheet was submitted and after framing of the charges, the Trial Court proceeded. In the statement of the victim recorded on 22.4.2019 under Section 164 Cr.P.C. she had named the applicant. The Trial Court vide order dated 05.11.2020 had summoned the applicant under Section 319 Cr.P.C.
Learned counsel for the applicant submitted that the applicant was not named in the first information report and his name has surfaced only on the statement of the victim recorded under Section 164 Cr.P.C.
Learned A.G.A. while opposing the bail application contended that once the order, summoning the applicant, had been passed under Section 319 Cr.P.C., the only remedy left to the applicant is to challenge the order and therefore this anticipatory bail application be rejected.
Having heard learned counsel for the parties and from perusal of record it transpires that the Trial Court is now seized of the matter and had summoned the applicant under Section 319 Cr.P.C.. Hence, no case for grant of anticipatory bail to the applicant is made out.
Application stands rejected .
Order Date :- 3.6.2021 Kushal
2 issues framed by the court
Whether anticipatory bail can be granted when the applicant has already been summoned under Section 319 Cr.P.C.
Whether the applicant's late inclusion in the victim statement vitiates the Trial Court's summons under Section 319 Cr.P.C.
5 provisions across 3 enactments
Upendra
Rohit Ranjan Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
