Kaushindra v. State of U.P. and Another
Case brief
What is this about?
Criminal Misc. Anticipatory Bail Application rejected. The court refused to exercise its discretionary power under Section 438 Cr.P.C. due to the gravity of the charges involving gang rape, robbery, and dacoity, and the lack of a viable case for bail based on the prosecution's strong evidence. The applicant is directed to file for regular bail in the lower court.
What did the court decide?
Application under Section 438 Cr.P.C. rejected; applicant directed to file regular bail application in the court below.
What the court decided
Neutral Citation No. - 2023:AHC:137133
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5198 of 2023
Applicant :- Kaushindra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamlesh Kumar Counsel for Opposite Party :- G.A.,Ravi Prakash Singh
Hon'ble Shekhar Kumar Yadav,J.
- Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P. and perused the record.Learned counsel for the informant is also present.
- This Criminal Misc. Anticipatory Bail Application has been files seeking bail in Case Crime No. 339 of 2021, under Sections 376-D, 394, 506, 34 IPC, P.S. Amroha Dehat, District Amroha during the pendency of his investigation/trial.
- Initially, FIR was lodged on the basis of the application under Section 156(3) Cr.P.C. alleging therein that in the evening of 15.11.2021, the victim along with her nephew were going to purchase medicine on a motorcycle and when they reached just before Kalyanpur Crossing, the applicant along with other co accused persons intercepted them on the gun point and after giving threat forcibly carried the informant and her nephew in a mango orchard and gang raped her. The accused persons also snatched her gold chain and cash and fled away from the spot. The police after investigation submitted final report in the matter, which was later on protested and the court below rejected the final report and summoned the applicant and co accused persons.
Issues for consideration
3 issues framed by the court
Whether anticipatory bail should be granted under Section 438 Cr.P.C. in a case involving rape, robbery, and dacoity charges.
Whether the gravity of the accusation and the victim's statement justify refusing anticipatory bail.
The applicant's claim of false implication and apprehension of arrest in relation to his own father's murder case.
Parties & counsel
- applicant
Kaushindra
- respondent
State of U.P.
- respondent
Another
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- ABAIL/5198/2023
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