Allahabad HC’s Justice Om Prakash VII on Friday rejected the bail application of Bhadohi MLA Vijay Mishra alias Vijay Kumar Mishra, accused of several cases under several sections of Indian Penal Code and IT Act of Gopiganj Police Station in Sant Ravidas Nagar (Bhadohi dist.)
On August 4, 2020, an FIR was lodged by informant Krishan Mohan Tiwari against Ramlali Mishra and Vishnu Mishra, mentioning that applicant is a relative of the informant. After winning the election of block pramukh, he became active in politics. And since 2001, the applicant is alleged to be residing in the informant’s house and is busy with politics and his business without the complete consent of the applicant. He was forcibly residing and threatening and torturing them as he is a relative and presently the elected member of the Legislative assembly from Gyanpur.
The informants’ contractual work was also overtaken by the applicant and started doing all the work along with depositing the money from transactions in the account of his firm and his wife and son. He took possession of all the documents by forcibly getting signed on the cheques and using net banking in the name of the informant. The informant was unaware of all these acts.
The family and informant were threatened with dire consequences as the applicant is a dreaded criminal and the informant was in no position to file a complaint due to threats. The applicant is not only vacating the forcibly occupied house but is also pressuring the informant to execute the will in the name of the applicant’s son. On refusal, threats were extended. Informants’ apprehensions we’re shown in FIR as the applicant is a muscleman. The informant may become landless if the applicant is successful in his acts. A prayer was made to take legal action for securing the life and property of the informant and his family members and was submitted to Chaturvedi, Senior advocate, appearing for the applicant, that no prima facie case is made out against the applicant. The applicant is a reputed person in the Society and was elected four times as MLA. He was also Block Pramukh and President of Zila Panchayat of District Sant Ravidas Nagar.
Referring to the contents of the FIR, it was further submitted that offence under section 449 IPC is not attracted in this matter. Informant himself has admitted in the FIR that the applicant was residing in the said house with the consent of the informant.
It was further argued that if such was the position, offence of criminal trespass cannot be constituted in this matter. Simply it was a dispute of partnership business which is pure of civil nature. Efficacious remedies will be available to the parties in civil suits/arbitration cases. An appeal against the order passed in the arbitration matter is also pending before the Court. Referring to the copy of the Will deed annexed with the application, it was further argued that there was no occasion to obtain a Will deed in favor of Vishnu Mishra, the son of the applicant. The said Will has not been executed. This fact also shows that offences leveled in the matter are not attracted against the applicant.
A Senior Counsel appearing for the applicant also referred to the statement of the witnesses recorded under sections 161 and 164 CrPC and further argued that the applicant is suffering from several diseases. He is in jail since August 14, 2020, and further argued that in all the previous criminal cases against the applicant, they are either withdrawn or the applicant is acquitted. The pending cases are not heinous and some may be due to political rivalry. Also, the disputed property belongs to the applicant exclusively and the said transactions made were done with the complainant’s consent. The applicant should not be kept behind the bars on the grounds of no of cases lodged against him. As a law-abiding person, he was granted bail in 2013 against a criminal trial going considering the entire criminal cases pending against the applicant up to the year 2013.
But as per Additional Advocate General appearing for State and counsel for the informant, the applicant is an influential person and no one dares to lodge an FIR against him and he’s a participant in several heinous cases. The counsel for the informant also argued that no one dares to provide evidence against the applicant hence he was acquitted. The no of cases was withdrawn due to pressure or influence by the govt. Also, the will feed was being executed in the name of Vishnu Mishra, the applicant’s son, only because of pressure created over the informant, but since he left the Registry office, the deed was not executed. Referring to the counter affidavit, it was further argued that a criminal case for the offence under section 376 IPC is also pending against the applicant. If the applicant is enlarged on bail, he will put pressure upon the witnesses. Thus, prayer was made for the rejection of bail.
Thus, having considered the submissions raised across the bar and going through the entire record, and also looking to the nature of allegations leveled against the applicant, the apprehension shown by the informant in the F.I.R. cannot be denied particularly because of criminal antecedents of the applicant.
The Court believes that prayer made for bail in the application is not liable to be allowed and is hereby rejected”, the Court ordered.
-Report by Saksham Srivastava
