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2025 DAILYLAW 122204 (ALL)

SHUBHAM AWASTHI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME AND 2 OTHERS

BAIL/1225/2025 · 2025-02-13

Brij Raj Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:9499 Court No. - 28 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1225 of 2025 Applicant :- Shubham Awasthi Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home And 2 Others Counsel for Applicant :- Yogendra Singh Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. This is the third bail application. The second bail application was rejected by this Court on 31.07.2024. This Court while rejecting the second bail application had considered the statement of PW2 prosecutrix who was examined before the trial Court and she has supported the prosecution case and levelled allegation of rape against the applicant. The present bail application has been filed by the applicant Shubham Awasthi, with a prayer to enlarge him on bail in Case Crime No.548 of 2023, under Sections 376, 504, 506 I.P.C. Police Station Maholi, District Sitapur. It is contended by learned counsel for the applicant that the trial is still going on and the statement of the Investigating Officer has been recorded before the trial court. He further contended that while rejecting the first bail application on 19.12.2023, the trial court was directed to complete the trial within six months but more than a year has passed and the applicant is languishing in jail since 17.09.2023 and there is long period of incarceration. Learned AGA opposed the prayer for bail and submitted that though direction was issued that the trial may be concluded within six months but looking to the circumstances that the trial is continuously being conducted by the court below and there may be delay on various grounds but the court is not responsible for that. Learned AGA further submitted that looking to the offence committed by the applicant, it cannot be inferred that incarceration period of the applicant is long and the trial is also at the concluding stage. After hearing learned counsel for the parties and after considering the arguments, the fact that the statement of PW2 prosecutrix has already been considered by this court in second bail application and there is no fresh ground and no changed circumstance, the argument that trial is at the concluding stage, this Court is of the view that the applicant is not entitled to be released on bail. The application for bail of applicant Shubham Awasthi is hereby, rejected. Order Date :- 13.2.2025/Pks Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench