"Serious Allegations Of Committing Unnatural Sex With Wife Sans Her Consent": Allahabad HC Denies Anticipatory Bail To Man

The Allahabad High Court recently denied anticipatory bail to a man who has been accused of, inter alia, committing unnatural sex with his wife without her consent.

The Bench of Justice Saurabh Shyam Shamshery denied pre-arrest bail to one Rahul noting that there are serious allegations against him of assaulting his wife, committing cruelty upon her wife with regard to demand of dowry, committing unnatural sex with her wife without her consent.

Essentially, the Accused has been booked under Sections 498A, 323, 504, 506, 377 IPC read with Section 3/4 D.P. Act over the allegation regarding committing unnatural sex with his wife and demanding dowry.

Earlier, on February 18, 2020, the Sessions Judge, Shamli had rejected his plea seeking anticipatory bail, however, the High Court had granted him interim anticipatory bail on February 23, 2021.

Now, last week, the A.G.A. as well as the counsel for the complainant (wife) submitted before the Court that before the filing of this application, the charge sheet against the accused was submitted (on June 23, 2020) and this fact was not disclosed by the applicant.

It was further argued that there are specific allegations against the applicant in the statement of the victim recorded under Section 164 Cr.P.C. regarding committing unnatural sex and demand of dowry.

Against this backdrop, considering the averments and material available on record as well as the fact that the accused husband had not come up before this Court with clean hands and that there are serious allegations against him of assaulting his wife, committing cruelty upon her wife with regard to demand of dowry, committing unnatural sex with her wife without her consent, the Court did not find any reasonable ground to extend the benefit of anticipatory bail to him.

In view of the above, the application seeking pre-arrest bail was rejected.

Case title - Rahul v. State of U.P.

Case Citation: 2022 LiveLaw (AB) 265

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