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Prayagraj, 21 September (HS). Allahabad High Court has rejected the second bail plea of the accused of raping a minor by forcibly entering her house. While refusing to release him on bail, the court told the trial court that if there is no legal obstacle, the trial should be completed as soon as possible.
This order has been given by Justice Krishna Pahal while rejecting the second bail application of accused Anil Kumar. In this case, the first bail application of Anil, who has been in jail for four years, was rejected on September 1, 2021. The petitioner said that he has been in jail for more than four years. The fundamental rights to life under Article 21 of the Constitution are being violated. In the case registered at Shivli police station in Kanpur Dehat, the statements of the complainant and the victim have not supported the prosecution story. In such a situation, he is unlikely to get punishment. Therefore, he should be released on bail. He will cooperate in the trial and will not misuse the bail.
Opposing the bail, the public prosecutor said that there is similarity in the main statement and cross-examination of the victim. She has taken the name of the accused and has recorded her statement that he entered her house and raped her. The accused's lawyer deliberately delayed recording the cross-examination by two months and nine days instead of recording the statement on the same day so that he could influence the victim. The two-month gap between the main statement and cross-examination did not support the prosecution. But there is similarity in the statement and cross-examination of the victim. Therefore, the accused is not entitled to get bail. Citing the Vinod Kumar and Hussain cases settled by the Supreme Court, the court said that the trial should be completed as early as possible.