1. Heard Sri Vinay Saran, learned Senior Advocate, assisted by Sri Rahul Kumar Jadaun along with Sri Varad Nath, learned counsel for the applicant, Sri I.K. Chaturvedi, learned Senior Advocate, assisted by Sri Chandra Prakash Tiwari, learned counsel for the informant and Sri Manish Goyal, learned Additional Advocate General, assisted by Sri Rupak Chaubey, learned A.G.A. for the State.
2. The present bail application has been filed on behalf of the applicant in case crime No. 234 of 2020, under Sections 387, 120-B, 504, 506, 306 IPC & Section 7/7A/8/12/13 of Prevention of Corruption Act, police station Kabrai, District Mahoba with the prayer to enlarge the applicant on bail.
3. The informant Ravikant Tripathi has lodged first information report on 11.09.2020, alleging that his brother Indrakant Tripathi (hereinafter referred to ‘deceased’) is partner in ‘R.J.S. Crusher’ and earlier he was also associated with ‘Maa Kali Associates’ and ‘I.P. Traders’ and he was having licence of sale and purchase of explosive substances. Another dealership of explosive substance was with ‘Suraya Chemical’ of Suresh Soni and ‘Ajay Enterprises’ of Brahmdutt. Said Suresh Soni and Brahmdutt were having a liaison with the then Superintendent of Police, Mahoba namely Manilal Patidar (applicant) and they used to pay Rs. 6 lacs monthly to the applicant. In the month of June, 2020, the applicant made illegal demand of Rs. 6 lacs from the deceased but the deceased expressed his inability, due to which the applicant as well as with his subordinate police officials have threatened the deceased to implicate him in false cases and to ruin his life. In the month of June, July, 2020 the applicant forcibly extorted Rs. 6 lacs from the deceased but after that deceased has refused to pay any further amount. The applicant got the deceased threatened by the Station House Officer, police station Kabrai and above said Suresh Soni. On 03.09.2020 the deceased went to the office of the applicant and told that his partners have already closed the business of explosive substance and he has also suffered huge losses and thus, he is unable to pay any amount. The applicant has threatened that he would get him in jail and he would be murdered in a manner, which would look like a suicide and that Suresh Soni, financier is also with him. Due to continuous threats of the applicant and the SHO Police station Kabrai, on 05.09.2020 the deceased sent a complaint to the Chief Minister, U.P. Government and that complaint was also made viral on face-book and on other means of social media. Due to these reasons, the applicant became more hostile and he started getting the deceased threatened from his subordinate police officials that he would be implicated in false cases and they would get him killed. On 07.09.2020 at 12:00 noon and on 08.09.2020 at 10:00 AM, the deceased made his video viral saying that it may be possible that he would not be alive by tomorrow (next day), as the applicant has threatened to kill him and he is making demand of Rs. 6 lacs per month from him and he is unable to pay the same. As this message has gone viral, the deceased started getting more threats. On 08.09.2020 the deceased has announced that on 09.09.2020 at 11:00 AM he would organize a press conference at ‘R.J.S. Granite’ and would show each and every evidence of corruption being done by the applicant. After that the applicant, co-accused Devendra Shukla, Station Officer P.S. Kabrai and some of their subordinate police officials and co-accused Suresh Soni and Brahmdutt hatched a conspiracy and made an attempt to get the deceased killed by firing. On 08.09.2020 at 2:30 PM, the deceased was found lying in injured condition in his car no. UP95-N-2900 on Karbai-Banda road. On the basis of information from some passers-by, the deceased was sent to government hospital, Mahoba. After receiving information, the informant also reached there. Due to serious condition of the deceased, he was referred to Kanpur and there doctors have told that deceased has sustained a bullet at his neck and he is on ventilator. It was also alleged that due to the acts and conduct of the applicant and his subordinate police officials and said Suresh Soni and Brahmdutt, an atmosphere of fear has prevailed in the area.