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2025 DAILYLAW 63476 (ALL)

VIJAY MISHRA v. STATE OF U.P.

BAIL/53555/2023 · 2025-04-20

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:59391 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53555 of 2023 Applicant :- Vijay Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh,Manju Singh,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard Ms. Manju Singh, learned counsel for the applicant, Shri J. K. Upadhyaya, learned Additional Advocate General for the State and perused the record. 2. By means of the instant bail application, the applicant, Vijay Mishra, seeks bail in Case Crime No. 0045 of 2023, under Sections 386, 506, 507 I.P.C., Police Station Attarsuiya, District Prayagraj. 3. The F.I.R. dated 20.05.2023 narrates that the informant runs shop of timber wood items. The applicant took wood items from his shop on 05.01.2023 amounting to Rs. 1,20,000/- on credit and was paying the money in part. On 17.04.2023 when the worker of the informant asked for payment of money the applicant threatened him and also abused him. On 20.04.2023 the applicant made a phone call to the informant and made a demand of three crores rupees as extortion. 4. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the case. The applicant is a practicing lawyer. The applicant was engaged in doing pairvi of various cases pending against Ex. M.L.A. and M.P. namely Atique Ahmad and his family members from the last several years. The administration has many times pressurized him to not to do pairvi of the said person. In this regard the applicant moved various application before the concerned authorities stating that he is an Advocate and he is earning his livelihood from practicing. Learned counsel further submits that applicant has never taken any extortion money from the informant. As per the F.I.R. the alleged incident took place on 20.04.2023 and the F.I.R. was lodged on 20.05.2023 without any plausible explanation of delay. False allegations have been made in the F.I.R. as well as in the statements of informant and other witnesses that he demanded three crores rupees from the informant. Atique Ahmad was done o death on 15.04.2024, whereas, as per the prosecution version the applicant demanded money from the informant on 20.04.2023 and the F.I.R. was lodged on 20.05.2023, it is surprising that after the death of Atique Ahmad the applicant was demanding three crores rupees from the informant in the name of Atique Ahmad. Thus, the applicant has been falsely implicated in the present case. As to the criminal history that has been explained. The applicant is in jail since 30.07.2023. 5. Per contra, learned Additional Advocate General submits that A.G.A. has opposed the prayer for bail by contending that three criminal cases are pending against the applicant, out of which one case is under Section 302 I.P.C. for tripple murder case. Therefore, the applicant is not entitled to be enlarged on bail at this stage.. 6. Keeping in view submissions of learned counsel for the parties, gravity of offence, nature of allegations and all the attending facts and circumstances of the case including the fact that there is a history of three criminal cases against the applicant, of which one case is registered under Section 302 I.P.C., this Court does not find it a fit case for bail. 7. Accordingly, the bail application of applicant-Vijay Mishra, is rejected. Order Date :- 21.4.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad