MANISH MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Manish Tiwary, learned Senior Advocate, assisted by Sri Atharva Dixit, learned counsel for the applicant, Sri P. C. Srivastava, learned Additional Advocate General along with Sri Sanjay Kumar Singh, learned A. G. A. for the State as well as Sri Abhishek Kumar Yadav, learned counsel for informant.

(2.) This bail application has been filed on behalf of the applicant in case crime No. 194 of 2021, under Ss. 147, 149, 452, 323, 504, 506, 307, 511, 392, 120B IPC, P.S. Jaitpura, District Varanasi, with the prayer to enlarge the applicant on bail.

(3.) According to the prosecution version, earlier regarding an incident of rape, the informant has lodged first information report vide crime No. 379, under Ss. 376D, 342, 506 IPC at P.S. Gopiganj, District Bhadohi, against Vijay Mishra and his son Vishnu Mishra and grandson Vikas Mishra. In that case, Vijay Mishra was in jail and his son was absconding, whereas, his grandson had been granted bail. In that matter accused persons were pressurizing the informant to change her statement. After hatching a conspiracy, applicant-accused and co-accused Seema Pandey, Garima Tiwari and Satish Mishra, Prakash Chandra, Raj Dubey @ Pankaj, Ratan Mishra @ Guddu, Mukesh Tiwari, Vimaldhar Dubey, Smt Reema Pandey, along with some anti-social elements, trespassed into her house and hurling abuses they threatened and asked her to change her statement in the said case and to compromise the said case. The accused persons have uttered that Vijay "Vidhayak" (co-accused Vijay Mishra) may be in jail but she does not know his power and earlier he has got murdered one constable Suryamani Mishra and in case she did not sign the documents of compromise, she would also meet with same fate. They further uttered that they have already got lodged a case against her brother and well wishers in Maharashtra and Delhi and she would not be able to reach the Court. When the informant objected, the accused persons tried to snatch her mobile phone and they also tried to drag her and after that accused persons went away. It was further alleged that after some hours, accused persons again came there and after threatening went away.