HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 20733 of 2025 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, Shri Chandan Singh, learned A.G.A. for the State as well as learned counsel for the informant and perused the record. 2. By means of the instant bail application, the applicant, Vivek Kumar, seeks bail in Case Crime No. 140 of 2025, under Sections 331(3), 305(A), 115(2), 317(2), 324(4), 352 of B.N.S., Police Station Etmadadulla, District Agra. 3. The F.I.R. dated 13.05.2025 was lodged by the informant with the allegation that today when he reached at his stationery shop in the morning to open as usually, then all the four accused named in the F.I.R. including the applicant after breaking the lock of his shop looted all the items kept there and when he tried to oppose their such act they also assaulted and abused him. 4. Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the case. False allegation has been made in the F.I.R. No such incident took place as alleged by the informant. The applicant is the owner of the premises where the alleged shop of the informant was situated. No time and date of the occurrence is mentioned in the F.I.R. False recovery of some incriminating article has been implanted upon the applicant. There exists dispute of tenancy between the applicant's father and the informant and in this regard a civil suit is pending before the court concerned. Thus, the dispute of landlord and tenant has been given colour of criminal prosecution with ulterior motive only to exert pressure to not to vacate the said shop. The applicant is in jail since 14.5.2025 with no previous criminal antecedent. 5. Per contra, learned A.G.A. as well as learned counsel for the informant while opposing the prayer for bail of the applicant has drawn attention of the Court to the order dated 05.05.2025 passed by this Court in the writ petition bearing Matters under Article 227 No. 4454 of 2025 (Avnish Kumar Mishra Vs. Smt. Saloni Kumari and 2 others), whereby this Court directed the Small Causes Court/ Civil Judge (Senior Versus Counsel for Applicant(s) : Ajay Dubey, Mahendra Tripathi, Mithilesh Kumar Shukla, Sudhir Kumar Shukla Counsel for Opposite Party(s) : G.A., Rahul Pandey, Rang Nath Pandey Vivek Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) Division), Agra to decide the temporary injunction application No. 8-C filed in Original Suit No. 503 of 2025 (Avnish Kumar Mishra Vs. Smt. Saloni Kumari & Ors) within a period of one month from the date of production of certified copy of the said order. Thus, it has been argued that the aforesaid suit was fixed for hearing on 13.05.2025, but on the same day while ignoring the fact that aforesaid suit is pending consideration before the court concerned and also flouting the order of this Court passed in the aforesaid writ petition the applicant along with other accused in a dare manner with great disobedience had got demolished the shop of the informant and looted the items kept therein. Thus, the bail application of the applicant deserves to be rejected. 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, this Court does not find it a fit case for bail. 7. Accordingly, the bail application of applicant-Vivek Kumar, is rejected. (Dr. Gautam Chowdhary,J.) September 1, 2025 Mustaqeem. BAIL No. 20733 of 2025 2 Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad