Allowed

Vikram Singh Chauhan v. State of U.P.

Allahabad HC10 Sept 2020BAIL/4780/2020

Case brief

AI extract

What is this about?

The Court allowed the bail application of Vikram Singh Chauhan in a criminal case involving IPC offences. The applicant was released on a personal bond and two sureties under specific conditions to prevent tampering with witnesses and ensure trial cooperation, referencing the Article 21 mandate.

What did the court decide?

Released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions.

Vikram Singh Chauhan Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4780 of 2020

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Applicant :- Vikram Singh Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Vishal Jaiswal Counsel for Opposite Party :- G.A.,Padmaker Pandey,Sunil Kumar Srivastava

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant, Sri Padmaker Pandey, learned counsel for the informant and learned AGA for the State.

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The instant bail application has been filed on behalf of the applicant, Vikram Singh Chauhan, with a prayer to release him on bail in Case Crime No. 264 of 2018, under Sections 420, 406, 467, 468, 471, 386, 389, 120B, 504, 506 IPC, Police Station Nazeerabad, DistrictKanpur Nagar, during pendency of trial.

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Allegation in the FIR is that first informant, namely, Devendra Singh Dua, alongwith his daughter-in-law, Meeta Dua, Jaspal Singh Ahuza and Gagan Pal Singh was running business in the name and style of A.K. Enterprises, which was involved in purchasing and selling of the property. One of the partner of the firm, namely, Gagan Pal Singh, has lodged the FIR against the applicant as Case Crime No.0215 of 2017, under Sections 420, 406, 467, 468 and 471, Police Station Badaud, District Agra. In the aforesaid case, applicant has already been enlarged on bail vide M.Cr.C. No. 53505 of 2019. Thereafter, another partner of the firm, namely, Devendra Singh Dua, has lodged the similar FIR against the applicant alleging that he has caused the loss of Rs.67 lacs to the informant in collusion with other accused persons.

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Learned counsel for the applicant has submitted that the informant entered into compromise with co-accused, Gagan Pal Singh and he has paid Rs.67 lacs to the informant. Learned counsel for the applicant has submitted that cheques of Rs.60 lacs have already been cleared and remaining cheques are post dated, would be honoured. Therefore, no loss has been suffered by the informant. The applicant has been falsely implicated in this case. He is in jail since 17.9.2019.

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Learned AGA and learned counsel for the informant have opposed the prayer for bail of the applicant.

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Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 10.9.2020 Ruchi Agrahari

Vikram Singh Chauhan v. State of U.P.

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Vikram Singh Chauhan v. State of U.P.

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