Ankit Kulshreshtha v. State of U.P. and Another
Case brief
What is this about?
The Single Judge rejected a second anticipatory bail application invoking Section 438 Cr.P.C. The applicant faced rape and custodial offence charges under IPC 376/328. The Court declined to exercise jurisdiction given the positive allegations, particularly since the applicant was already a charge-sheeted accused without active protection post-charge submission.
What did the court decide?
The application for anticipatory bail under Section 438 Cr.P.C. was rejected. The applicant remains a charge-sheeted accused without relief.
What the court decided
Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5828 of 2021
Applicant :- Ankit Kulshreshtha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prem Sagar Verma,Madan Mohan Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Shri Prem Sagar Verma, learned counsel for the applicant and learned A.G.A. Perused the record.
This second anticipatory application is being moved by the applicant invoking the powers of Section 438 Cr.P.C. that he has every reason to believe that he may be arrested on the accusation of having committed a non-bailable offence in Criminal Case No.2872 of 2019 (CNR NO.UPFD04-02461192019) arising out of Case Crime No.0555 of 2019, under Sections 376, 328 I.P.C., Police Station-Shikohabad, DistrictFirozabad, pending before learned Additional Chief Judicial Magistrate, Firozabad.
During investigation the applicant approached this Court by means of Criminal Misc. Bail Application No.33602 of 2019 and the Court vide order dated 13.9.2019 had protected the interest of the applicant till submission of charge sheet. Thereafter, on 29.9.2019, the police has submitted charge sheet against the accused and now the applicant is a chargesheeted accused. There is positive allegation against the applicant of committing rape with the victim, who is a legally wedded wife of Mukesh Kumar Verma. The victim is a mother of two kids and she has given statements before the doctor as well as before the Magistrate in which she has specifically attributed the allegation of committing rape upon the applicant. The case of the applicant falls within the definition of rape as the applicant was knowing fully well that she was not his wife, still the applicant maintained physical relationship with the lady after taking obscene videos and photographs.
Issues for consideration
3 issues framed by the court
Whether anticipatory bail should be granted under Section 438 Cr.P.C. given the severity of the rape allegations and absence of prior interim protection post-charge-sheet.
Whether the prima facie case of rape with a married woman warrants refusal of anticipatory bail.
Whether the applicant is entitled to further anticicipatory bail after becoming a charge-sheeted accused.
Parties & counsel
- applicant
Ankit Kulshreshtha
Coram
Rahul Chaturvedi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- ABAIL/5828/2021
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