Allowed

Vikas Singh Chauhan v. State of U.P.

Allahabad HC21 Jan 2021BAIL/4254/2021

Case brief

AI extract

What is this about?

The Allahabad High Court allowed the bail application of Vikas Singh Chauhan charged with dowry death and murder. The court held prima facie grounds for bail existed despite opposition by the State, ordering his release on bond and sureties with strict conditions regarding attendance and conduct.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two local sureties subject to attendance and conduct conditions.

Vikas Singh Chauhan Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2021)

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4254 of 2021

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Applicant :- Vikas Singh Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Utkarsh Tripathi,Vikas Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.

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The present bail application has been filed by the applicant in Case Crime No. 312 of 2020 under Sections 4498 A, 304- B IPC and 3/4 of the DP Act, Police Station - Phaphoond, District - Auraiya with the prayer to enlarge the applicant on bail.

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The First Information Report of this incident was lodged by the police on the complaint made by Nikil Kumar alleging that her sister Sweta aged about 23 years was married with Mahesh Singh @ Monu son of Chhiddan Singh on 04.12.2016 and she had been done to death by her in-laws, namely, Mahesh Singh @ Monu, Rani Devi, Vikas (the present applicant), Radha and Chhiddan Lal by throttling her neck.

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The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused has been falsely implicated in the present case. It is submitted that the present accused Vikas is brother-in-law ( dewar ) of the deceased and as per the First Information Report general role has been assigned to this accused and no demand of dowry was specifically made by the present accused. It is also submitted that as per the the post-mortem report there was legature mark around the neck of the deceased in length of 22 cm and the doctor has opined that she had died due to asphyxia as a result of hanging. Lastly it is argued that the applicant is in jail since 24.09.2020 and in case of his being released on bail he would not tamper with prosecution witnesses and will cooperate during trial.

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Learned A.G.A. has opposed the prayer for bail.

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Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.

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The prayer for bail is granted. The application is allowed.

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Let applicant Vikas Singh Chauhan involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-

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(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law;

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(2). The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;

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(3). In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(4). The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.

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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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Order Date :- 21.1.2021 LBY

Vikas Singh Chauhan v. State of U.P.

Case brief

What is this about?

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Vikas Singh Chauhan v. State of U.P.

Case brief

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