Dismissed

Vinod Kumar v. State of U.P.

Allahabad HC7 Sept 2022BAIL/25398/2020

Case brief

AI extract

What is this about?

This short order rejects a criminal bail application filed by an accused charged with rape. The High Court rejected the claim of false implication due to corroborating medical evidence of semen and blood on the victim. The bail was denied, and the trial court was directed to conclude the trial within six months.

What did the court decide?

Bail application rejected; direction to trial court to conclude trial within six months from production of certified copy.

Vinod Kumar Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25398 of 2020

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Applicant :- Vinod Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

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It is submitted that in this case applicant has been falsely implicated for committing rape with the deceased. As per allegation in the F.I.R, the victim went for natural call on 22.7.2019 at about 5.00 P.M. and was coming back to her house. In the meantime, this applicant caught her and committed rape with her by force. Further submitted that the victim was married lady at the time of the alleged incident. and there was love affair between both of them. There is no any evidence on record to support the allegation of rape as made in the F.I.R. There is no eye witness said to be present on the spot who has seen the incident. The applicant is in jail since 22.7.2019 having no criminal antecedent and in case he is released on bail, he will not misuse the liberty of bail and will co-operate in trial.

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Learned A.G.A. opposed the prayer for bail and urged that rape was committed by this applicant with the victim. During medical examination, semen and blood was found on the person of the victim which substantiated the allegation of rape with her. In this way, the applicant is not entitled for bail.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and the medical report of the victim, no case for bail is made out.

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Accordingly, the bail application is, hereby, rejected.

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However, trial court is directed to make its endeavour to conclude the trial as far as possible within a period of six months from the date of production of certified copy of this this order.

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Order Date :- 7.9.2022

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G.S

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Digitally signed by GHAN SHYAM Date: 2022.09.14 15:48:55 IST Reason: Location: High Court of Judicature at Allahabad

Vinod Kumar v. State of U.P.

Case brief

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Vinod Kumar v. State of U.P.

Case brief

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