Virendra Kumar Chauhan v. State of U.P.
Case brief
What is this about?
This High Court rejected a second bail application by Virendra Kumar Chauhan in a case involving suicide and household disputes. The court held that non-framing of charge under Section 494 IPC did not absolve the applicant of serious allegations, finding no fit case for bail.
What did the court decide?
Bail application rejected; trial court directed to expedite hearing within one year.
What the court decided
Neutral Citation No. - 2023:AHC:161381
Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16612 of 2023
Applicant :- Virendra Kumar Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Pavan Kumar,Ashutosh,Ram Krishna Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The second bail application under Section 439 Cr.P.C. has been moved by the applicant - Virendra Kumar Chauhan to enlarge him on bail in Case Crime No. 165 of 2021 under Sections 147, 494, 498A, 504, 506 and 306 I.P.C. read with 120B IPC, Police Station Khiri, District Prayagraj. The first bail application of the applicant was rejected by this court vide order dated 21.10.2022.
It is submitted by the learned counsel for the applicant that after rejection of the first bail application of the applicant on 21.10.2022 the discharge application of the applicant was rejected vide order dated 16.02.2023 and order was passed to frame charge under Sections 504, 506 and 306 IPC. It is argued that though, the FIR was lodged under Section 494 IPC also but the charge has not been framed under Section 494 IPC, while the second marriage of the applicant was shown as a motive of the suicide by the deceased. It is again argued that when the charge regarding second marriage has not been framed by the trial court, the motive of the offence demolishes. Hence, prayer to release the applicant on bail is made.
Issues for consideration
2 issues framed by the court
Whether the applicant is a fit case for bail despite the non-framing of charge under Section 494 IPC.
Whether the motives of the offence are demolished due to non-framing of charge under Section 494 IPC.
Parties & counsel
- applicant
Virendra Kumar Chauhan
Coram
Sadhna Rani (Thakur)
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- BAIL/16612/2023
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