Dismissed

Yashwant @ Aswan Shukla v. State of Chhattisgarh

Chhattisgarh HC15 Jun 2023MCRC/2431/2023

Case brief

AI extract

What is this about?

In this bail application, the Chhattisgarh High Court considered the petitioner's request for release on regular bail. The court noted serious allegations of sexual assault and child sexual offences with opposition from the prosecutrix, ultimately rejecting the bail plea. The case was remanded to expedite the trial.

What did the court decide?

The bail application is dismissed; the trial Court is directed to expedite the trial.

Yashwant @ Aswan Shukla Vs State of… — Child Sexual Offences (POCSO) | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 2431 of 2023

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Yashwant @ Aswan Shukla S/o Kamlesh Prasad Shukla, Aged About 27 Years R/o Village Phuljhar, Police Station Somni, District : Rajnandgaon, Chhattisgarh

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---- Petitioner

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Versus

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State Of Chhattisgarh Through Station House Officer, Police Station Ajak Somni, District : Rajnandgaon, Chhattisgarh

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---- Respondent

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For Applicant Mr. Amit Kumar, Advocate For Respondent /State Mr. Vinod Tekam, Panel Lawyer

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SB.: Hon'ble Mr. Justice Deepak Kumar Tiwari Order On Board

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15/6/2023

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Heard.

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The prosecutrix appeared along with her mother through the video conferencing from the Help Desk of the concerned DLSA and opposed the bail application.

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This is the second 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.3/2021 registered at Police Station AJAK Somni, District Rajnandgaon (CG) for the offence under Sections 363, 368, 376 of the IPC and Section 4 of the POCSO Act and Section 3(2)(v), 3(2)(v-a) of the Atrocity Act.

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The first bail application of the applicant was dismissed as withdrawn vide order dated 29.9.2021 passed in MCRC No.6245/2021 with liberty to revive the prayer after examination of the prosecutrix.

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Case of the prosecution, in brief, is that on 18.6.2021, at about 8:00 PM, when the prosecutrix was sitting near her house, the applicant came there, dragged and took her to a cowshed and forcibly committed sexual intercourse with her. Hence, the aforesaid offence has been registered.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. The medical evidence does not support the prosecution case. The applicant is in jail since 20.6.2021. The prosecutrix has already been examined. Hence, learned counsel for the applicant prays for releasing the applicant on bail.

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On the other hand, learned counsel for the State opposes the bail application.

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Having considered the submissions of learned counsel for the parties, particularly considering the statement of the prosecutrix and also considering that the prosecutrix has raised serious objection in granting bail to the applicant and the allegations are serious in nature, I am not inclined to release the applicant on bail.

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Accordingly, the bail application is dismissed. However, the concerned trial Court is directed to expedite the trial.

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Sd/-

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(Deepak Kumar Tiwari)

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Judge

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Shyna

Yashwant @ Aswan Shukla v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Yashwant @ Aswan Shukla 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

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