Vyas Shukla Vs State of U.P. Thru Secy. Home… — Child Sexual Offences (POCSO) | Allahabad HC (2022)

Vyas Shukla Vs State of U.P. Thru Secy. Home… — Child Sexual Offences (POCSO) | Allahabad HC (2022)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the accused-applicant Vyas Shukla, in custody since 22.03.2015 in Sessions Trial No.76 of 2015 (alleged rape and firearm killing of a 12-year-old girl; Ss. 302/376 IPC, S. 3/4 POCSO Act, S. 3(2)V SC/ST Act), should be enlarged on bail under Section 439 CrPC.

Court's answer

Bail rejected: considering the heinousness of the offence, its gruesome nature, and that the deceased was only a 12-year-old girl who was allegedly raped and killed, the Court did not deem it appropriate to enlarge the accused-applicant on bail, notwithstanding long incarceration and the trial being near its conclusion.

Ratio / Principle

The learned trial Court is directed to proceed with the trial and conclude the same expeditiously, within a period of four months from the date the certified copy of the order is submitted/served.

Key takeaways

If, despite full cooperation extended by the accused-applicant, the trial is not concluded within four months, the accused-applicant may revive his bail plea, if so advised.ratio¶¶14

Detailed headnote1 paragraphs

Bail under Section 439 CrPC rejected (High Court of Judicature at Allahabad, Lucknow Bench, Dinesh Kumar Singh, J., order dated 12.12.2022) in Sessions Trial No.76 of 2015 arising out of Crime/FIR No.057 of 2015, Police Station Talgaon, District Sitapur, under Sections 302 and 376 IPC read with Section 3/4 POCSO Act and Sections 3(2)V SC/ST Act, where the allegation is raping a 12-year-old girl and killing her by firearm injuries. Though the applicant was in jail since 22.03.2015 and the trial was almost at its conclusion with all witnesses of fact examined, the Court declined bail considering the heinousness and gruesome nature of the offence and the victim's tender age. The trial Court was directed to conclude the trial expeditiously, within four months of the certified copy being submitted/served; failing which, despite the applicant's full cooperation, he may revive his bail plea.

Court No. - 10

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2451 of 2022

Applicant :- Vyas Shukla Opposite Party :- State Of U.P. Thru Secy. Home Lucknow And Anr. Counsel for Applicant :- Manjusha Kapil Counsel for Opposite Party :- G.A.

Hon'ble Dinesh Kumar Singh,J.

Heard learned counsel for the accused-applicant as well as learned Additional Government Advocate and gone through the entire record.

By means of this application under Section 439 CrPC, the accused-applicant seeks bail in Sessions Trial No.76 of 2015, arising out of Crime/FIR No.057 of 2015, under Sections 302 and 376 IPC read with Section 3/4 POCSO Act and Sections 3(2)V SC/ST Act lodged at Police Station Talgaon, District Sitapur.

Allegation against the accused-applicant is of raping victim, a 12 years old girl and thereafter killing her by causing firearm injuries. The postmortem report of the deceased discloses the following antemortem injuries:-

"i. multiple pellet entry wound in area of size 30cm and 25cm present on front of chest, right arm pit, front of right muscle to cavity deep;

ii. one pellet entry wound on front of upper thigh 12cm below iliac crest of size 0.2cm and 0.2cm;

iii. one pellet entry wound present on left side face 2.5cam lateral to angle of mouth of size 0.2cam and 0.2cm; and

iv. one pellet entry wound present on right side face lateral to enter canthos of right eye of size 0.2cam and 0.2cm."

The trial is almost at the stage of its conclusion. All the witnesses of fact have been examined. Looking at long incarceration of the accused-applicant in jail since 22.03.2015, it would be appropriate to direct the trial Court to conclude the trial expeditiously, however, considering the heinousness of the offence, gruesome nature of offence and the fact that the deceased was only 12 years old girl, who was allegedly raped

and killed, this Court does not deem it appropriate to enlarge the accused-applicant on bail.

REJECTED. However, the learned trial Court is directed to proceed with the trial and conclude the same expeditiously, say within a period of four months from the date certified copy of this order is submitted/served. In case despite full cooperation extended by the accused-applicant, the trial is not concluded within four months, the accused-applicant may revive his bail plea, if so advised.

[D.K. SINGH, J.]

Order Date :- 12.12.2022 MVS/-

Digitally signed by MANOJ VIKRAM SINGH CHAUHAN Date: 2022.12.12 20:05:08 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench