File size: 22,889 Bytes
2b7e388 |
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 |
Prompt:
Generate a Bail Application involving the following key legal details:
- CASE: Crime No. 99 of 2021
- DISTRICT: Not available
- BAIL APPLICATION: Not available
---
Output:
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW BENCH, LUCKNOW
Crl. Misc. Case No. (B) Of 2021
Sunil Yadav ...Applicant
Versus
State of Uttar Pradesh and another
....Opposite Parties
INDEX
Sr.No
Particulars Page No.
Index
1.
Application for waiver of the filing
2.
affidavit
Application for anticipatory bail
3.
under section 438 Cr.P.C.
Affidavit in support of application
4.
Annexure No. 1
5.
The photocopy of the order dated
09.06.2021 passed by this Session
Judge, Pratapgarh
Annexure No. 2
6.
The photo/typed copy of the FIR
dated 20.04.2021
ID proof of the deponent
7.
Power
8.
E-Court fee receipt
9.
Lucknow (Pradeep Kumar Singh “Bisen”)
Advocate
Dated :15.06.2021 Counsel for the applicant
Mobile No. 9415288732
AoR No. B/P0262
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD,
LUCKNOW BENCH, LUCKNOW
C.M. APPLICATION NO. (W) OF 2021
In Re;
Crl. Misc. Case No. (B) of 2021
Sunil Yadav ...Applicant
Versus
State of U.P. ..........Opposite Party
APPLICATION FOR THE WAIVER OF THE REQUIREMENT OF
FILING AN AFFIDAVIT
The applicants most respectfully beg to submit
as under: -
That it is most humbly prayed that the application may be
taken up and heard, even during the emergent period
in the State of Uttar Pradesh resulting from the
onslaught of the CORONA Virus.
That it is further prayed that the requirement of filing
an Affidavit along with the Application(s) may
further be dispensed with in view of the Guidelines
provided by this Hon’ble High Court.
That in view of the guidelines of the High Court the
details of the deponent of the affidavit as under
Aadhar No. - 878321075948
Card holder name - Sunil Yadav
Father’s name - Sri Keshav Prasad
Date of Birth - 01.02.1986
Address - Trilokpur,
PS – Baghrai,
Distt – Pratapgarh
Mobile No. - _______________
(Link with adhar No.) -
That the deponent further declared that he is the
applicant himself and do hereby solemnly affirm that
the averments made hereinabove true and correct.
That the deponent further declared that after lifting the
lockdown, he will be filed hard copy of the bail
application along with proper affidavit as per
direction of the Hon'ble High Court.
Lucknow (Pradeep Kumar Singh “Bisen”)
Advocate
Dated: 15.06.2021 Counsel for the Applicant
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW BENCH, LUCKNOW
Crl. Misc. Case No. (B) Of 2021
Sunil Yadav aged about 35 years son of Shri Ram Kripal
resident of Village – Trilokipur, Police Station –
Baghrai, District – Pratapgarh
....Applicant
Versus
State of Uttar Pradesh
1.
Ashok Kumar Tripathi, Presiding Officer, Booth No.
2.
12, Trilokpur - B, Police Station – Baghrai,
District – Pratapgarh
.....Opposite Parties
Case Crime No. 99 of 2021
U/s 147, 148, 352, 353, 332, 427,
188, 171F, 395, 412 of I.P.C.,
7 of Criminal Law (Amendment) Act, 1932
and 139 Public Representative Act, 1951
Police Station – Baghrai
District – Pratapgarh
APPLICATION FOR ANTICIPATORY BAIL UNDER SECTION 438 Cr.
P.C.
The applicant most respectfully submits as under:-
For the facts and reasons mentioned in accompanying
affidavit, it is most respectfully prayed that this
Hon’ble Court may kindly be pleased to grant the bail
to the applicant in connection with Case Crime No. 99
of 2021 under Sections 147, 148, 352, 353, 332, 427,
188, 171F, 395, 412 of I.P.C., 7 of Criminal Law
(Amendment) Act, 1932 and 139 Public Representative
Act, 1951 relating to Police Station – Baghrai,
District – Pratapgarh, in the interest of Justice.
Lucknow (Pradeep Kumar Singh “Bisen”)
Advocate
Dated : 15.06.2021 Counsel for the applicant
Case Crime No. 99 of 2021
U/s 147, 148, 352, 353, 332, 427,
188, 171F, 395, 412 of I.P.C.,
7 of Criminal Law (Amendment) Act, 1932
and 139 Public Representative Act, 1951
Police Station – Baghrai
District – Pratapgarh
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW BENCH, LUCKNOW
Crl. Misc. Case No. (B) Of 2021
Sunil Yadav ...Applicant
Versus
State of Uttar Pradesh and another
....Opposite Parties
AFFIDAVIT
(In support of bail application)
I, Sunil Yadav aged about 35 years son of Shri Ram
Kripal resident of Village – Trilokipur, Police Station
– Baghrai, District – Pratapgarh, Religion – Hindu,
Qualification – Intermediate, Occupation – Agriculture,
the deponent do hereby solemnly affirm and state on
oath as under :- :-
That the deponent is the applicant himself in
1.
aforesaid application and as such he is fully
conversant with the facts of the case, deposed to
hereunder. The photo verification slip issued by
the Awadh Bar Association, Lucknow of the deponent
is affixed on the affidavit and his ID proof is
enclosed with the affidavit.
That the concerned police is intended to arrest to
2.
the applicant with connection to the First
Information Report dated 20.04.2021 lodged by the
opposite party No. 2 bearing Case Crime No. 99 of
2021 under Sections 147, 148, 352, 353, 332, 427,
188, 171F, 395, 412 of I.P.C., 7 of Criminal Law
(Amendment) Act, 1932 and 139 Public
Representative Act, 1951 relating to Police
Station – Baghrai, District – Pratapgarh.
That the applicant, further declared that the
3.
first information report lodged by the opposite
party No. 2 under Sections 147, 148, 352, 353,
332, 427, 188, 171F, 395, 412 of I.P.C., 7 of
Criminal Law (Amendment) Act, 1932 and 139 Public
Representative Act, 1951, which is not fallen
under Section 438(6) of Cr.P.C..
That this is the First anticipatory bail
4.
application before this Hon'ble Court, which is
being filed under Section 438 of Cr.P.C., before
this Hon'ble High Court and no any other
anticipatory bail is being before this Hon'ble
High Court or at Allahabad or before any other
High Court in India, pertaining to the same
subject matter.
That the applicant has moved anticipatory bail
5.
application bearing No. 1207 of 2021 filed before
the Session Judge, Pratapgarh by the applicant has
been rejected vide order dated 09.06.2021 passed
by the court concerned. No other any anticipatory
bail application pending before this Hon'ble High
Court or rejected by this Hon'ble High Court. The
photocopy of the order dated 09.06.2021 passed by
this Session Judge, Pratapgarh is being annexed
herewith as Annexure No. 01 to this application.
That the opposite party No. 2 lodged the First
6.
Information Report dated 20.04.2021 against
unknown persons regarding the demolition at Booth
No. 12, Trilokpur, District – Pratapgarh regarding
incident dated 19.04.2021, bearing Case Crime No.
99 of 2021 under Sections 147, 148, 352, 353, 332,
427, 188, 171F of I.P.C., 7 of Criminal Law
(Amendment) Act, 1932 and 139 Public
Representative Act, 1951 relating to Police
Station – Baghrai, District – Pratapgarh. The
photo/typed copy of the FIR dated 20.04.2021 is
being annexed herewith as Annexure No. 02 to this
affidavit.
That the case of prosecution in a nutshell as that
7.
the opposite party No. 2 was Presiding Officer in
Panchayat Election held on 19.04.2021 at Booth No.
12, Trilokpur, District – Pratapgarh. The poll was
going well till 5.25 PM. When the concerned Sub
Divisional Officer and Sector Magistrate came at
booth thereafter several persons entered in
polling booth and demolished the entire booth
alongwith the ballot box and other papers.
That here it is relevant to mention that there is
8.
no any averments made in the first information
report regarding the loot of the ballot box but
later on it has been also added by the concerned
police.
That thereafter on 22.04.2021, the concerned
9.
police recovered the 2 ballot box and arrested the
13 accused persons relating to the aforesaid case
crime.
That the arrested accused has named the applicant
10.
and stated that the applicant was also present at
time of incident while the applicant was not
present at incident place.
That on the basis of the recovery memo the Section
11.
395 & 412 of I.P.C. has been added in the case.
That humble applicant further stated that the
12.
nothing has been recovered from the applicant in
any manner but the concerned police also charged
under Section 395 & 412 of IPC.
That it is most relevant to mention here that the
13.
applicant has not committed any offense as alleged
by the opposite party No. 2 in his first
information report dated 20.04.2021.
That the first information report has been lodged
14.
by the opposite party No. 2 against the several
persons and he has been named by the concerned
police.
That the real fact of the case is that the
15.
applicant was not supporter of the present winning
candidate of the Village Pradhan due to which he
has been targeted and falsely implicated.
That when the voter have been polarized in favour
16.
of the applicant’s candidate thereafter the
winning candidate, create the nuisance in the
election and the concerned police later on named
the applicant in the said case crime.
That the opposite party No. 2 named the applicant
17.
in the first information report for extraneous
reasons for harassing the applicant and his family
members due to village party-bandi.
That the opposite party No. 2 falsely implicated
18.
the applicant, through collusion of the present
village pradhan & police personnel in the said
crime, which is baseless and concocted story.
That since the applicant has not committed any
19.
offence as alleged, hence no offence under
Sections 147, 148, 352, 353, 332, 427, 188, 171F,
395, 412 of I.P.C., 7 of Criminal Law (Amendment)
Act, 1932 and 139 Public Representative Act, 1951
relating to Police Station – Baghrai, District –
Pratapgarh, is made against him.
That there was no any independent witnesses
20.
produced by the informant, on said place moreover
if any witness is produced by the informant they
are interested witnesses.
That it is also relevant to mention here that
21.
there is no case is made out against the applicant
as alleged in the said FIR and applicant has never
committed any offence as alleged.
That the applicant has no concerned with the
22.
alleged incident, he has also been implicated due
to malafide intention of the Opposite party No. 2.
That the applicant is common person and no any
23.
criminal history or not involves any criminal
activity.
That the impugned first information report has
24.
been lodged by the Opposite party No. 2 against
the applicant on the basis of wrong facts and the
applicant believed that the concerned police would
be arrest the applicant.
That the applicant has no any criminal history and
25.
the allegations against the applicant is false and
baseless.
That if the applicant will arrested, the applicant
26.
will suffer irreparable loss and injury as the
applicant has not committed any offence.
That there is no chance of the applicant
27.
absconding or tempering with the prosecution
witnesses.
That the applicant is ready to furnished the
28.
security and bond and also undertake that he will
be never misused liberty of anticipatory bail.
That in view of the above, it would be expedient
29.
and necessary in the interest of justice that the
applicant be enlarged on anticipatory bail, during
pendency of case.
Lucknow
Date: 15.06.2021 Deponent
VERIFICATION
I, the deponent, do hereby verify that the
contents of para 1 to of this affidavit are
true to my personal knowledge. No part of its is false
and nothing material has been concealed. So, help me
“GOD”.
Lucknow
Date : 15.06.2021 Deponent
I, identify the deponent, who has I, do hereby
declare that the person making this affidavit and
alleging himself to be the deponent is known to me from
the perusal of papers and I am satisfied that he is the
same person.
Advocate
Solemnly affirmed before me on
at A.M./P.M. by the deponent, named above,
who has been identified by Sri P. K. Singh “Bisen”,
Advocate, High Court, Lucknow, Bench, Lucknow.
Enrolment No. 2933/2003 resident of “Narsinghpur
House”, 25 Preet Vihar Colony, Raiberelly Road,
Lucknow.
I, have satisfied myself by examining the deponent
that he understands the contents of this affidavit,
which have been read over and explained by me.
OATH
COMMISSIONER
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW BENCH, LUCKNOW
Crl. Misc. Case No. (B) Of 2021
Sunil Yadav ...Applicant
Versus
State of Uttar Pradesh and another
....Opposite Parties
Annexure No. 2
|