The Allahabad High Court refused anticipatory bail to an accused facing charges for gang rape and sexual assault. Despite arguments regarding a delayed FIR and family dispute, the court held the serious allegations precluded bail.
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Neutral Citation No. - 2023:AHC:234460
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12693 of 2023
Applicant :- Maan Singh@ Karan Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vishesh Kumar,Surendra Kumar Patel Counsel for Opposite Party :- G.A.,Janardan Prasad Tripathi
Hon'ble Nalin Kumar Srivastava,J.
concerned and a specific report was sent by the police with the allegations regarding the present incident. It is further submitted that only due to the animosity of the property dispute, the present F.I.R. of this case has been lodged very belatedly and the medical report also does not support the prosecution version, even at the time of the medical examination nothing material has been disclosed by the victim to the doctor. It is next submitted that the criminal history of the applicant has been explained and he has been cooperative with the I.O. of the case so far and as such, he is entitled for anticipatory bail.
8. In Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1 , the Hon'ble Apex Court has settled held that while considering an application for grant of anticipatory bail, the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence including intimidating witnesses, likelihood of fleeing justice, such as leaving the country, etc. It has further been held that Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion.
applicant. Prayer made in the application is refused.
Order Date :- 11.12.2023 Shivangi
Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to anticipatory bail in a case alleging gang rape and sexual assault given the gravity of the offence.
Whether the delay in lodging the FIR and the alleged property dispute warrant the grant of bail.
Colour shows how this judgement treated each authority
Sushila Aggarwal and others vs. State (NCT of Delhi) and anotherReferred¶14
Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1 · Who else cites this
1 provisions across 1 enactments
Maan Singh @ Karan Singh
State of U.P.
Nalin Kumar Srivastava, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
