Vinay Kumar Singh vs State Of U.P.
2013 Latest Caselaw 4829 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 25
 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16066 of 2013
 
Applicant :- Vinay Kumar Singh
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- S.P. Shukla,Shahroze Khan
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Mrs. Jayashree Tiwari,J.

Case called out in the revised list.

Heard learned counsel for the applicant and learned A.G.A.

The present bail application has been filed for enlarging the applicant on bail in  Case Crime No.438/2012, u/s 376 I.P.C.,P.S. Trilokpur,District Siddharthnagar.

It is contended that the accused applicant is innocent and has been falsely implicated. It is contended that the police has recorded the statement of Radha under section 161 Cr.P.C. and no mark was found in the medical examination by the doctor on lower part of the abdomen and in the private part of the girl.

As against this, learned A.G.A. opposed the bail application and said that the girl in her statement under section 164 Cr.P.C. has raised specific allegation of rape against the accused applicant. It is contended that where the girl is making an allegation that she has been raped against her consent by the accused applicant, the question of age becomes immaterial.

Looking to the specific allegation of rape being made against the accused applicant by the prosecutrix in her statement under section 164 Cr.P.C., I do not think it to be a fit case for enlarging the accused applicant Vinay Kumar Singh on bail.

The bail application is therefore, rejected. However, it is directed that the learned trial court shall make all endeavours to expedite the hearing of the case as early as possible and also provided that the accused applicant also cooperates in the expeditious disposal of the trial and it is also directed that the accused applicant shall avoid taking unnecessary adjournments.

Order Date :- 1.8.2013/Monika