Allahabad High Court
Ankit Mishra vs State Of U.P. And Anr. on 23 March, 2021
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3633 of 2021 Applicant :- Ankit Mishra Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Manish Kumar Agnihotri Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present application under Section 438 Cr.P.C. has been filed by the applicant seeking bail in anticipation of his imminent arrest in FIR/Crime No.0083 of 2021, under Sections 447, 380, 147, 506, 467, 468 I.P.C., Police Station Vibhuti Khand, District Lucknow.
The allegation against the accused is that he took house of the complainant No.1/144, Vibhuti Khand near Mantri Awas. The house consist of eight room. Monthly rent of the house was agreed to be Rs.1,11,000/-. The accused applicant was required to give three months advance rent. It is alleged that the accused applicant did not pay the advance rent nor the monthly rent and he entered into the house after break opening the locks. It is also alleged that the goods/belongings of the complaint were removed by the accused applicant. It is further alleged that the accused was carrying sex racket in the said house. In respect of the said allegation one neighbour had dialed 100 number. On 04.01.2021 at around 09.00 p.m. the complainant's son, Anmol Gupta reached to the said house, occupied by the accused applicant, then the accused applicant along with 5 others accomplices put revolver on the head of the son and threatened him of his life. It is alleged that the accused applicant has prepared forged and fabricated documents regarding the rent etc. Before approaching this Court under Section 438 Cr.P.C. for anticipatory bail, it appears that the accused applicant has filed a writ petition challenging the said FIR, however, the said petition has been dismissed. No averment regarding the order passed by the Division Bench has been made in this application.
Learned counsel for the accused applicant, however, submits that the accused applicant has not approached the Sessions Court at the first instance and directly came before this Court. Learned counsel for the accused applicant has further submitted that monthly rent agreed between the parties was Rs.35,000/- and he has been paying the rent regularly. He further submits that some civil suit in respect of the possession over the property against the owner is pending before the court below.
Allegation against the accused applicant is regarding forgery of documents.
Considering the allegations in the FIR, this Court is of the view that interrogation of the accused applicant is required and, therefore, this Court does not find it a fit case for enlarging him on anticipatory bail. Therefore, the present application is hereby rejected.
However, the applicant is granted ten days time to surrender before the court below and apply for regular bail. If the applicant surrenders and applies for regular bail before the court below within a period of ten days from today, the same shall be heard and disposed of expeditiously in accordance with law.
Till the aforesaid period of period of ten days, no coercive action to be taken against the applicant in pursuance to the FIR in question.
Order Date :- 23.3.2021 Anand Sri./-