Legal Topics

Supreme Court dismisses bail plea of expelled Nishad Party MLA Vijay Mishra

The Supreme Court these days pushed aside the bail utility filed via former Uttar Pradesh MLA Vijay Mishra, who used to be expelled from the Nishad Party, accused in FIR registered underneath Sections 323, 506, 449, 347, 387, 419, 420, 467, 468, 471, 474, 120-B IPC and Section 66-C, 66-D Indian Information Technology Act.

Justice D.Y. Chandrachud refused to supply bail stating,

“This is now not a suitcase for bail. Special Leave Petition is dismissed. However, the plea can be revived as soon as the recording of proof is over.”

Senior Advocate Mukul Rohatgi, who was regarded for Mishra, had sought bail because of contesting in the upcoming country Assembly elections 2022.

In the past bail software filed earlier than the Allahabad High Court used to be pushed aside because of a range of pending crook instances in opposition to him.

As per the statistics stated in the impugned order of Allahabad High Court,

“Prosecution case, in nutshell, used to be that an F.I.R. was once lodged on 4.8.2020 via the informant Krishan Mohan Tiwari in opposition to the candidates Ramlali Mishra and Vishnu Mishra bringing up therein that applicant is relative of the informant. After triumphing the election of block pramukh, he grew to become lively in politics. He has been forcibly dwelling in the residence of the informant giving threats and torturing them. Informant used to be doing contractual work in special departments after setting up a Firm in his name. After some time, the applicant took over the Firm of the informant in his fingers and started out doing all work himself. He additionally started out depositing the cash transactions in the account of his association as properly as in the account of his spouse and son. He additionally took possession of all the files forcibly after getting signatures on the cheques and the usage of internet banking for many transactions in the identity of the informant. No data was once given to the informant at any factor of time-related to the revenue from contractual work. He constantly used to threaten the informant and his household with dire consequences. Since the applicant is a dreaded criminal, the informant used to be no longer in a role to make a grievance about the act dedicated on a phase of the applicant due to fear. He is now not vacating the residence in a query which is occupied forcibly and giving threats to kill the informant and his family. An applicant is additionally pressurizing the informant to execute the Will in the identity of the son of the applicant. When the informant denied doing so, then danger used to be prolonged to him. Apprehension was once proven in the F.I.R. that because an applicant is a muscleman, the informant is helpless, if an applicant will be profitable in his incorrect deeds, the informant will come to be landless. Thus prayer was once made to take felony motion for securing the existence and property of the informant and his household members.”

The High Court had stated that,

“the first facts file used to be lodged utilizing one of the relatives of the applicant. The number of crook instances had been lodged towards the applicant from time to time. Some of them are nonetheless pending. A specific allegation in the criticism / F.I.R. has been made towards the applicant that he acquired signatures on cheques inserting strain and threatening the informant. It is additionally cited in the F.I.R. that the informant should now not resort to the F.I.R. before due to worry and terror of the applicant. Thus, having viewed the submissions raised throughout the bar and going via the complete document and additionally searching to the nature of allegations levelled towards the applicant, the apprehension proven by using the informant in the F.I.R. can’t be denied mainly because of crook antecedents of the applicant. Thus, the Court believes that prayer made for bail in the software is no longer dependable to be allowed and is hereby rejected.”

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