Rishabh Mishra v. State of U.P. and Another

Court No. - 1

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3777 of 2020

Applicant :- Rishabh Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Ramesh Sinha,J.

Heard Sri A.K.Srivastava, learned counsel for the applicant, Ms. Archana Singh, learned A.G.A. for the State and perused the record.

It has been contended by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case with malafide intention. He further submits that the applicant had taken two accidental policies from the ICICI Prudential Life Insurance Co. Ltd. name of his wife, namely, Priyanka Mishra and the applicant is the nominee of the said policies, but subsequently, the applicant filed death claim of his wife before the concerned Bank and on an enquiry,the death certificate submitted by the applicant of his wife was found to be forged one, hence, the present F.I.R. against the applicant by the opp. party no.2 on behalf of the concerned Bank on false and frivolous allegation.He further argued that the applicant never filed any forged death certificate of wife before the authority concerned. No charge sheet has been submitted against the applicant.

Learned A.G.A. vehemently opposed the prayer for bail and submitted that the applicant along with his wife has earlier approached this Court challenging the impugned F.I.R. by means of filing Crl. Misc. Writ Petition Nos.3843 of 2020 (Priyanka Mishra Vs. State of U.P. and 2 Others) & 4600 of 2020 (Rishabh Mishra Vs. State of U.P. and 2 Others) which have already been dismissed by Coordinate Bench of this Court vide orders dated 3.3.2020 & 17.3.2020.