Dismissed

Vikram Chauhan v. State of U.P. and Another

Allahabad HC8 Jun 2023CRLA/9503/2022

Case brief

AI extract

What is this about?

In a criminal appeal filed to challenge the rejection of a bail application, the single-judge bench affirmed the lower court's order and dismissed the appeal, setting standard orders for concluding the trial.

What did the court decide?

Criminal appeal dismissed; order of lower court affirming bail rejection; trial to be concluded within six months.

Vikram Chauhan Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:125709 Reserved On-25.05.2023 Delivered On-08.06.2023

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Case :- CRIMINAL APPEAL No. - 9503 of 2022

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Appellant :- Vikram Chauhan Respondent :- State of U.P. and Another Counsel for Appellant :- Pramod Kumar Sahani Counsel for Respondent :- G.A.

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Hon'ble Siddharth,J.

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Despite service of notice, no one has turned up to oppose the appeal.

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Heard learned counsel for the appellant and learned AGA for opposite party no.1 and perused the material placed on record.

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The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant to set aside the impugned order dated 19.10.2022 whereby the Special Judge, SC/ST Act, Mau,in Bail Application No. 1859 of 2022( Vikram Chauhan Vs. State of U.P.), has rejected the bail application of the appellant moved by him in Case Crime No. 246/2022, under Sections 304 IPC and Section 3(2)(5) of SC/ST Act, Police Station- Doharighat, District Mau.

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There is allegation in the FIR that on 15.09.2022 at about 9:00 pm, the neighbour of the informant, Dayanand Bharti, was abusing before the house of the applicant, Vikram Chauhan. Wife of Vikram Chauhan, scolded him and Dayanand, went inside the house and hid himself. Thereafter, the appellant, Vikram Chauhan and his sons, Ajay and Vinay alongwith Harkesh and Chandrakesh, came armed with lathi-danda and started beating the door. The mother of Dayanand, intervened and some verbal altercation took place between the appellant and the mother of Dayanand. Thereafter, the appellant hit her on the head and she feel down. She was taken to the hospital, where she died.

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Learned counsel for the appellant has submitted that it is a case of false implication of the appellant. It is a case of single blow, there was no intention to cause the murder of the deceased. The appellant is old, sick and handicapped person. Learned counsel for appellant has relied upon the disability certificate of the appellant brought on record which shows disability on his right leg. In the disability certificate, 40% physical disability of the appellant has been shown. His age has been mentioned as 55 years in the medical documents. Learned counsel for the appellant has relied upon the judgment of this Court in the case of, Phoolchand Yadav Vs. State of U.P.

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decided vide Criminal Appeal No. 1166/2006 wherein, this Court exonerated the accused who had given one or two blow on the vital parts of the deceased who was aged and the conviction under Section 302 was converted under Section 304 Part-II I.P.C. Further reliance has been placed upon the judgment of the Apex Court with regard to the same argument,in the case of Jagroop Singh Vs. State of Harayana, 1981 AIR SC 1552 and two others judgment of this Court . It has been submitted finally that the appellant has been falsely implicated in this case. It is a case of malicious prosecution of appellant under the provisions of SC/ST Act. He has no criminal history to his credit and is languishing in jail since 18.09.2022. In case, the appellant is released on bail, he will not misuse the liberty of bail.

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Per contra, learned A.G.A. has supported the order passed by the Sessions court and vehemently opposed the prayer for grant of bail to the appellant and submits that the allegations involved are very serious in nature. But he could not point out any material to the contrary. He further submits that in case the appellant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.

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It appears from the arguments advanced by the counsel for the parties and from perusal of material on record that the court below has properly considered the facts of the case. The implication of appellant is under Section 304 IPC and under Section 302 IPC. Hence, in view of the above consideration, the order of rejection of bail passed by the court below dated 19.10.2022 is, affirmed.

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The criminal appeal is accordingly, dismissed.

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The court below is directed to conclude the trial against the applicant, as expeditiously as possible, preferably within a period of six months from the date of production of certified copy of this order.

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Order Date-08.06.2023

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Abhishek

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Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad

Vikram Chauhan v. State of U.P. and Another

Case brief

What is this about?

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Vikram Chauhan v. State of U.P. and Another

Case brief

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