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NALIN KUMAR SRIVASTAVA
Kaushal Anand – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Counter affidavit filed on behalf of the informant/opposite party no.2 is taken on record.
2. Apprehending his arrest in Case Crime No.568 of 2023, under Sections 323, 328, 376, 506 IPC, Police Station Quarsi, District Aligarh, the present anticipatory bail application has been moved on behalf of the applicant Kaushal Anand seeking anticipatory bail.
3. Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant/opposite party no.2 and perused the record.
4. Prosecution story as unfolded in the F.I.R. is that the applicant developed family relations with the prosecutrix and after administering some intoxicant in the cold drink, he committed rape with her on 19/20.4.2022 and subsequently on so many occasions the prosecutrix was physically exploited by the applicant. Concealing his marital status, the applicant used to insist the prosecutrix to get married with him and during the sequence of events, he also assaulted the prosecutrix as a result whereof she sustained injuries and the applicant also procured some obscene photos and videos relating to the prosecutrix and used it as a tool to blackmail her. An F.I.R. was lo
The main legal point established in the judgment is the importance of the victim's statement under Section 164 Cr.P.C., the distinction between rape and consensual sex based on false promises, and th....
Point of Law : In view of the settled position of the law as discussed above, applicant/accused has carved out a strong case of anticipatory bail in his favor. The anticipatory bail granted to applic....
The main legal point established is the need to carefully examine the nature of the relationship, the genuineness of the prosecution, and the balance between the rights of the accused and the interes....
The legal point established is that a false promise leading to sexual intercourse and breach of promise can constitute a prima facie case of kidnap, rape, and cheating under the Indian Penal Code.
The court emphasized the difference between consent given with full knowledge and consent given under a misconception of fact. It held that consent given under a misconception of fact would not be co....
A married person cannot induce another married person into a physical relationship on a false promise of marriage.
Inducement to have a physical relationship by promising marriage must have a clear nexus with moment promise of marriage cannot be held out as an inducement for engaging in sex over a protracted and ....
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