Dismissed

Vijay Mishra v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

Allahabad HC10 Jul 2024/33/2024

Case brief

AI extract

What is this about?

The court rejected an application for bail cancellation. It held that a new FIR lacked prima facie evidence of offence, specifically noting the absence of a medico-legal report and insufficient material to implicate the opposite party no.2 in the alleged murder.

What did the court decide?

Cancellation of anticipatory bail order dated 19.10.2023 was rejected and the appeal was dismissed.

Vijay Mishra Vs State of U.P. Thru. Prin… — Murder and Culpable Homicide | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:46888

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Court No. - 31

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Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 33 of 2024

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Applicant :- Vijay Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Anil Kumar Tripathi Counsel for Opposite Party :- G.A.,D.R.Misra

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Hon'ble Subhash Vidyarthi,J.

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This case has been taken up through video conferencing.

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Heard Sri Anil Kumar Tripathi, the learned counsel for the applicant, Sri Nirmal Kumar Pandey, the learned A.G.A. appearing on behalf of the State, Sri D.R. Misra, the learned counsel for the opposite party no.2 and perused the records.

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This is the second application seeking cancellation of order dated 19.10.2023, passed by this court in Criminal Misc. Anticipatory Bail Application No.2357 of 2023. The first application for cancellation of bail bearing Crl. Misc Bail Cancellation Application No.140 of 2023 was dismissed as not pressed vide order dated 08.12.2023.

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The applicant seeking cancellation of bail is witness in F.I.R. No.233 of 2023, in which anticipatory bail application has been granted to the opposite party no.2.

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The cancellation of anticipatory bail granted to the opposite party no.2 is being sought on the ground of involvement of the opposite party no.2 in some other criminal cases. This fact was

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already taken into consideration in the order dated 19.10.2023, wherein this court has recorded the submissions advanced by Sri Anil Kumar Tripathi, Advocate that the opposite party no.2 has a long criminal history. After taking into consideration the aforesaid submission this court had considered the fact that the opposite party no.2 is not named in the F.I.R. and several family members of the deceased have given affidavits stating that the opposite party no.2 is innocent and he is being falsely implicated by the Investigating Officer.

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The applicant has filed a supplementary affidavit annexing therewith copy of F.I.R. No.388 of 2024, lodged on 03.06.2024, under Sections 419, 420, 302, 504, 506 IP.C. Police Station Kotwali Nagar, District Gonda against four named persons, including the opposite party no.2. The aforesaid F.I.R. has been lodged on the basis of an application filed under Section 156 (3) Cr.P.C. on 29.04.2024 alleging that the accused persons had killed the informant's father on 26.03.2024. Besides the F.I.R. lodged on the basis of an application under Section 156 (3) Cr.P.C. filed more than one month after the incident, no other material in the shape of any medico legal examination report or the postmortem examination report has been brought on record to prima facie substantiate commission of offence. No material has been brought on record to indicate even prima facie involvement of opposite party no.2 in commission of alleged offence.

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Therefore, this court is of the considered opinion that no case has been made out for cancellation of order dated 19.10.2023, passed by this court in Criminal Misc. Anticipatory Bail Application No.2357 of 2023 granting anticipatory bail to the opposite party no.2. The application for cancellation of order dated

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19.10.2023, passed in Criminal Misc. Anticipatory Bail Application No.2357 of 2023 lacks merit and the same is rejected .

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(Subhash Vidyarthi, J.)

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Order Date :- 10.7.2024 Ram.

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Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench

Vijay Mishra v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

Case brief

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Vijay Mishra v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

Case brief

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