The Allahabad High Court rejected a bail application by Nathu Kushwaha, a co-accused in a case of rape and kidnapping involving a 3-year-old child, despite the alleged delay in witness testimony, noting the grave nature of the offence and recovery of the body at his pointing.
Bail application rejected; trial to be concluded within one year.
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Court No. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10969 of 2020
Applicant :- Nathu Kushwaha Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Ray Sahab Yadav,Amit Daga,Anubhav Shukla,Ashish Kumar,Prashant Kumar Tripathi,Raghavendra Pati Tripathi,Ram Shiromani Shukla Counsel for Opposite Party :- G.A.,Mohammad Mahtab Alam,Neeraj Seerotiya,Saif Naseem,Yogendra Mishra
Hon'ble Krishan Pahal,J.
the delay in recording the statement of witness is fatal to the prosecution story. It is also submitted that the dead body has been recovered at the joint pointing out of the applicant and coaccused person Chhotu Kushwaha, which is also not admissible under the Indian Evidence Act. It is next stated that P.W. 1 is Nandini (daughter of Preeti), who has been examined in Court and has not levelled any allegation against the applicant and has only nominated the co-accused person Chhotu Kushwaha. Learned counsel has also stated that all witnesses of fact have been examined, even some formal witness have been examined. The statement of seven witnesses is complete. It is stated that at this stage, there is no possibility of applicant tampering with the evidence or interfering in trial.
with the trial and reach at the logical conclusion expeditiously, if there is no legal impediment, within a period of one year from the date of production of a certified copy of this order.
Order Date :- 2.2.2023 Shalini
Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail being accused of rape and kidnapping of a minor child.
Whether the delay in recording the statement of witness P.W. makes prosecution evidence inadmissible.
Nathu Kushwaha
State Of U.P.
Krishan Pahal
Shalini Jaiswal
As recorded by the court registry
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