Dismissed

Vikram Kumar Chouhan v. State of Chhattisgarh

Chhattisgarh HC17 Jan 2022MCRC/1945/2021

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh dismissed a bail application filed under Section 439 CrPC. The applicant faced charges under Sections 376, 506 IPC and Section 6 POCSO for sexual assault on a minor. Without adjudicating merit, the court found it not inclined to grant bail at this stage and dismissed the application.

What did the court decide?

The bail application filed under Section 439 CrPC is dismissed.

Vikram Kumar Chouhan Vs State of… — Child Sexual Offences (POCSO) | Chhattisgarh HC (2022)

¶1

HIGH COURT OF CHHATTISGARH, BILASPUR

¶2

MCRC No. 1945 of 2021

¶3

Vikram Kumar Chouhan, S/o. Lallu Singh Chouhan, Aged About 20 Years, R/o. Thangan, Police Station Dabhra, District Janjgir Champa, Chhattisgarh

¶4

---- Applicant

¶5

Versus

¶6

State Of Chhattisgarh, Through Station House Officer, Police Station Dabhra, District Janjgir Champa, Chhattisgarh.

¶7

---- Respondent

¶8

--------------------------------------------------------------------------------------------------For Applicant : Mr. Shubham Tripathi, Advocate on behalf of Mr. Awadh Tripathi, Advocate

¶9

For Respondent : Mrs. Hamida Siddiqui, Dy. A.G.

¶10

(Proceedings of this matter have been taken-up through video conferencing.)

¶11

Hon'ble Shri Justice Goutam Bhaduri

¶12

Order On Board

¶13

17.01.2022

¶14

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.263/2020 registered at Police Station- Dabhra, District Janjgir-Champa (C.G.) for the offence punishable under Section 376, 506 of Indian Penal Code and Section 6 of Protection of Children from Sexual Offences Act.

¶15

As per the prosecution case, the applicant knowing fully well that the prosecutrix is a minor committed forceful sexual intercourse and extended threat to kill and extended further threat that if it is disclosed he will assault his mother & father. Thereby the offence has been committed.

¶16

Learned counsel for the applicant would submit that the incident was from 01.07.2019 to 26.06.2020 and he was arrested on

¶17

02.07.2020 and FIR was lodged on 01.07.2020. He would further submit that the applicant and prosecutrix were in love affair and the date of birth of the prosecutrix is also in dispute, therefore, the benefit may be given to the applicant and he may be released on bail.

¶18

Per contra, learned State counsel opposes the prayer for grant of bail and she refers to the statement of the prosecutrix who has been examined as PW-2. She would submit that positive statement has been made by the prosecutrix, therefore, the applicant may not be enlarged on bail.

¶19

Perused the statement of the prosecutrix PW-2. Without any observation on merit, at this stage, I am not inclined to release the applicant on bail. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is dismissed.

¶20

Sd/-

¶21

(Goutam Bhaduri) Judge

¶22

Ashok

Vikram Kumar Chouhan v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Vikram Kumar Chouhan v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ku. Gitanjali Baghel Vs State of Chhattisgarh

Sanjay Kumar Chandravanshi Vs State of Chhattisgarh

Chandani Nagarchi Vs State of Chhattisgarh

Sudhir Thakur Vs State of Chhattisgarh

Smt. Archana Singh Vs Kishore Kumar Narwani

Amar Dhanwar @ Amar Sarathi Vs State of Chhattisgarh