Rudal and 2 Others v. State of U.P. and Another
Case brief
What is this about?
The court rejected an anticipatory bail application in a matrimonial dispute involving serious sexual offence allegations, having heard counsel via video conference.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 38
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10406 of 2021
Applicant :- Rudal And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alok Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
- Heard learned counsel for the applicants and learned A.G.A. for the State through video conference.
- This anticipatory bail application has been filed on behalf of the applicants - Rudal, Ajay and Dabloo, seeking anticipatory bail in Case Crime No. 474 of 2020, under Sections- 323, 504, 506, 498A, 376-D IPC and 3/4 Dowry Prohibition Act, Police Station - Sikariganj, District - Gorakhpur during pendency of trial .
- Learned counsel for the applicants submits that there is no criminal history against the applicants. They have been falsely implicated in the case arising from matrimonial discord between the brother of applicant no.1 and his wife. Referring to the statement recorded under Section 164 Cr.P.C., it has been submitted that a highly improbable case has been set up by the victim of repeated gang rape for 12 days starting from the date of her marriage. It is further submitted that anticipatory bail application of co-accused in Criminal Misc. Anticipatory Bail Application No.9918 of 2021 has been disposed of vide the order dated 28.05.2021 granting protection of 90 days and a direction to the co-accused to appear before the court below.
Issues for consideration
2 issues framed by the court
Whether anticipatory bail should be granted in a case involving serious sexual offence allegations pending investigation.
Whether the court can grant alternative relief of time to appear when it refuses anticipatory bail under Section 438 Cr.P.C.
Parties & counsel
- applicant
Rudal and 2 Others
Coram
Saumitra Dayal Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · June
- Registered
- Case no.
- ABAIL/10406/2021
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