India

Allahabad High Court Denies Bail To Accused In Minor Rape Case, Directs Speedy Trial

The Allahabad High Court has denied the second bail plea of Anil Kumar, accused of raping a minor after allegedly forcing his way into her home. Kumar, who has been in jail for over four years, had his request for bail rejected by Justice Krishna Pahal. The court also directed that the trial be completed swiftly, barring any legal obstacles. His first bail plea was denied on September 1, 2021.

The petitioner argued that prolonged imprisonment violated his rights under Article 21 of the Constitution. The defense also pointed out discrepancies in the statements of the complainant and the victim, suggesting a weakened prosecution case.

Prosecution’s Argument

Opposing the bail, the public prosecutor highlighted that the victim’s main testimony and cross-examination were consistent, with both implicating Kumar. The prosecutor also pointed to a delay in recording the cross-examination, arguing it was an attempt by the defense to influence the victim. Despite the gap, the victim’s statements remained aligned.

Court’s Decision

The court, referencing the Supreme Court’s rulings in the Vinod Kumar and Hussain cases, emphasized the importance of a timely trial. Given the consistency of the victim’s statements, the court found no grounds for bail and ordered the trial to proceed without further delay.

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Vishal Talwar

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