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Prompt:
Generate a Bail Application involving the following key legal details:
- CASE: Crime No. 50 of 2021
- DISTRICT: Pratapgarh
- 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
Sudhakar Singh …..Applicant
Versus
State of Uttar Pradesh ....Opposite Party
INDEX
Sr.N
o
Particulars Page
No.
Application for anticipatory bail
under section 438 Cr.P.C.
1.
Affidavit in support of application
2.
Annexure No. 1
3.
The photocopy of the order dated
17.08.2021 passed by this Session
Judge, Pratapgarh
Annexure No. 2
4.
The photo/typed copy of the First
Information Report dated 03.04.2021
Annexure No.3
5.
The photo/type copy of the
certificate issued by the railway
authority on 15.04.2021
Annexure No.4
6.
The photocopies of the fee receipts
of the applicant’s children
Annexure No.5
7.
The photocopies of the certificates
related to the volleyball
Annexure No. 6
8.
The photocopies of the bail order and
other related documents
Annexure No. 7
9.
The photocopy of the order dated
25.08.2021 passed by this Hon'ble
High Court
ID proof of the deponent
10.
Power
11.
Lucknow (Pradeep Kumar Singh “Bisen”)
Advocate
Dated : .09.2021 Counsel for the applicant
Mobile No. 9415288732
AoR No. B/P0262
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW BENCH, LUCKNOW
Crl. Misc. Case No. (B) Of 2021
Sudhakar Singh aged about 38 years son of Shri Kunj
Bihari Singh resident of Village – Purmai Sultanpur,
Police Station – Maheshganj, District – Pratapgarh
presently residing at House No. 20/71, Sector – 20,
Indira Nagar, Lucknow
....Applicant
Versus
State of Uttar Pradesh .....Opposite Party
Case Crime No. 50 of 2021
U/s 420, 467, 468, 471, 272, 273 of I.P.C.,
60(2), 63, 60A, of U.P. Excise Act, 1910,63A of
Copyright Act,1957 and 103, 104 of The Trade and
Merchandise Marks act, 1958.
Police Station – Hathigawan
District – Pratapgarh
Anticipatory Bail Application
No. 1507 of 2021 has been rejected by
Sessions Judge, Pratapgarh on 17.08.2021
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
anticipatory bail to the applicant in connection with
Case Crime No. 50 of 2021 under Sections 420, 467, 468,
471, 272, 273 of I.P.C., 60, 60A, 63 of U.P. Excise
Act, 1910, 63A of Copyright Act,1957 and 103, 104 of
The Trade and Merchandise Marks act, 1958 at Police
Station – hathigawan, District – Pratapgarh, in the
interest of Justice.
Lucknow (Pradeep Kumar Singh “Bisen”)
Advocate
Dated : .09.2021 Counsel for the applicant
Case Crime No. 50 of 2021
U/s 420, 467, 468, 471, 272, 273 of I.P.C.,
60, 60A, 63 of U.P. Excise Act, 1910, ,63A of
Copyright Act,1957 and 103, 104 of The Trade and
Merchandise Marks act, 1958
Police Station –Hathigawan
District – Pratapgarh
Anticipatory Bail Application
No. 1508 of 2021 has been rejected by
Sessions Judge, Pratapgarh on 17.08.2021
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW BENCH, LUCKNOW
Crl. Misc. Case No. (B) Of 2021
Sudhakar Singh
…..Applicant
Versus
State of Uttar Pradesh
....Opposite Parties
AFFIDAVIT
(In support of bail application)
I, Sudhakar Singh aged about 38 years son of Shri
Kunj Bihari Singh resident of Village – Purmai
Sultanpur, Police Station – Maheshganj, District –
Pratapgarh presently residing at House No. 20/71,
Sector – 20, Indira Nagar, Lucknow, Religion – Hindu,
Occupation – Government Servant, Education –
Intermediate do hereby solemnly affirm and states 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 03.04.2021 lodged by the
informant namely Shri Doodnath Singh Yadav,
Station House Officer against the applicant and 18
other persons alongwith Unknown persons as Case
Crime No.50 of 2021 under Sections 420, 467, 468,
471, 272, 273 of I.P.C., 60, 60A, 63 of U.P.
Excise Act, 1910, ,63A of Copyright Act,1957 and
103, 104 of The Trade and Merchandise Marks act,
1958 at Police Station – Hathigawan, District –
Pratapgarh.
That the applicant, further declared that the
3.
first information report lodged by informant under
Sections 420, 467, 468, 471, 272, 273 of I.P.C.,
60, 60A, 63 of U.P. Excise Act, 1910, ,63A of
Copyright Act,1957 and 103, 104 of The Trade and
Merchandise Marks act, 1958 at Police Station –
Hathigawan, District – Pratapgarh 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. 1507 of 2021 filed before
the Session Judge, Pratapgarh by the applicant has
been rejected vide order dated 17.08.2021 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 17.08.2021 passed by
the Session Judge, Pratapgarh is being annexed
herewith as Annexure No. 01 to this application.
That the First Information Report dated 03.04.2021
6.
lodged by the informant as Case Crime No.50 of
2021 under Sections 420, 467, 468, 471, 272, 273
of I.P.C., 60, 63 of U.P. Excise Act, 1910, 63A of
Copyright Act,1957 and 103, 104 of The Trade and
Merchandise Marks act, 1958 at Police Station –
Hathigawan, District– Pratapgarh. The photo/typed
copy of the First Information Report dated
03.04.2021 is being annexed herewith as Annexure
No. 02 to this affidavit.
That the informant lodged a first information
7.
report against the several known and unknown
persons on 03.04.2021 about 23.52 hours and stated
the informant and his team (other police
personnel) got information with regard to huge
adulterated liquor and manufacturing items which
were stored in Gausala\Farmhouse situated in
Ibrahimpur gram sabha Parsipur.
That the raid has been conducted by the informant
8.
alongwith his team on 02.04.2021 time about 16.00
hours at alleged place of occurrence and seized
lot of adulterated liquor and no anyone arrested
by the concerned police at the time raid.
That the real fact of the incident is that the
9.
applicant has been falsely implicated in the case
crime due to political enmity. The applicant is
been implicate under the case crime in influence
of one active member of the ruling party.
That the informant falsely implicates the
10.
applicant, in the said crime for ulterior motive,
which is baseless and illegal as the applicant is
not involved in any criminal activity as alleged
against him.
That the informant falsely implicates the
11.
applicant, in the said crime, due to their own
persons reasons, which is baseless and illegal due
to ulterior motive.
That nothing has been recovered in the regard of
12.
adulterated liquor from the applicant’s possession
and place in any manner by the informant.
That the applicant has no concerned with the
13.
recovered liquor from the alleged place by the
informant.
That it is further relevant to mention here that
14.
neither any other evidence against the applicant
nor there is hope to found by the investigation
officer as nothing has been done by the applicant.
That the applicant is innocent and belongs to a
15.
respected family and has good reputation being
national player of volleyball.
That the applicant is presently serving to the
16.
Central Government and is posted as Point-man, at
Northern Railways, District – Sultanpur. The
photo/type copy of the certificate issued by the
railway authority on 15.04.2021 is being annexed
herewith as Annexure No. 03 to this application.
That the applicant had shifted to Lucknow along
17.
with his family since long back and he rarely
visits his village.
That the children of the applicant are studying in
18.
class VIII & III City Montessori School, Indira
Nagar, Lucknow. The photocopies of the fee
receipts of the applicant’s children are being
annexed herewith as Annexure No. 04 to this
application.
That the applicant was National Player of
19.
Volleyball and won several awards and lastly he
was participated in 31st National Games, Punjab –
2001, in which he secured Silver Medal. The
photocopies of the certificates related to the
volleyball are being annexed herewith as Annexure
No. 05 to this application.
That the entire case has been made and based
20.
against the applicant only on information of the
police informer, which is not reliable as nothing
is supported to prosecution story.
That the Tanki test of alleged adulterated liquor
21.
has not been conducted by the Excise Officer
concerned and even prior to information regarding
said liquor, while the Excise Inspector was
present at time of alleged raid, even the
informant and Excise Inspector were themselves not
assured that the recovered liquor is adulterated.
That on bare perusal of the first information
22.
report, it is also evident that there were no
independent witnesses of raid conducted by the
informant, which also creates doubts upon the
story of the informant, which itself concocted and
false.
That the first information report lodged prior to
23.
the raid and preparation of the recovery memo, on
basis which the first information report lodged by
the informant.
That till date there is no any chemical report
24.
stating that the recovered liquor was obnoxious or
spurious for human consumption.
That the applicant is falsely implicated in
25.
several cases lodged against the applicant, which
the applicant has not committed any offense. The
details of the case, which are lodged against the
applicant, as per best knowledge of the applicant
are as under:
Case Crime No.50 of 2021 under Sections 420,
i.
467, 468, 471, 272, 273 of I.P.C., 60(2), 63 of
U.P. Excise Act, 1910, 63A of Copyright Act,
1957 and 103, 104 of The Trade and Merchandise
Marks Act, 1958 registered at Police Station –
Hathigawan, District – Pratapgarh, this is the
present case, in which the applicant is being
filing the anticipatory bail before this
Hon'ble High Court.
Case Crime No.49 of 2021 under Sections 420,
ii.
467, 468, 471, 272, 273 of I.P.C., 60(2), 60A,
63 of U.P. Excise Act, 1910, 63A of Copyright
Act, 1957 and 103, 104 of The Trade and
Merchandise Marks Act, 1958 registered at
Police Station – Hathigawan, District –
Pratapgarh.
iii.Case Crime No. 124 of 2021 under Sections 420,
467, 468, 471, 272, 273 of I.P.C., 60A, 60 of
U.P. Excise Act, 1910, 63, 63A of Copyright
Act, 1957 and 103, 104 of The Trade and
Merchandise Marks Act, 1958 at Police Station –
Kunda, District – Pratapgarh.
Case Crime No. 48 of 2021 under section 420,
iv.
467, 468, 471, 272, 273 of I.P.C., 60, 63 of
U.P. Excise Act, Police Station: Hathigawan
District: Pratapgarh. The applicant was not
named in the First information Report his name
was added by the investigation officer during
the investigation.
Case Crime No. 125 of 2021 under Sections 420,
v.
467, 468, 471, 272, 273 of I.P.C., 60A, 60 of
U.P. Excise Act, 1910, at Police Station –
Kunda, District – Pratapgarh.
Case Crime No. 121 of 2021 under Sections 3/25
vi.
Arms Act registered at Police Station –
Maheshganj, District – Pratapgarh.
That the aforesaid 6 cases are recently lodged
under the political pressure of the local
politician. The applicant moved the
anticipatory bail application in court below,
in case mentioned at serial No. (i) to (iv),
which are rejected by the court concerned
except mentioned at serial No. (ii).
vii.Case Crime No. 15 of 2016 under Sections 420,
467, 468, 471, 272, 273 of I.P.C., registered
at Police Station – Maheshganj, District –
Pratapgarh, in which the investigation is going
on.
Case Crime No. 517 of 2016 under Sections
viii.
420, 467, 468, 471, 272, 273 of I.P.C., 60, 63
of U.P. Excise Act, 1910, 63 of Copyright Act,
1957 registered at Police Station – Mil Area,
District – Raebareli, in which the applicant
released on bail.
Case Crime No. 17 of 2016 under Section 135 The
ix.
Electricity Act registered at Police Station –
Maheshganj, District – Pratapgarh, in which the
applicant has paid the bill but the concerned
police in malafide manner submitted the charge
sheet against the applicant.
Case Crime No. 178 of 2014 under Sections 420,
x.
467, 468, 471, 272, 273, 427 of I.P.C., 60, 63
of U.P. Excise Act, 1910, 3/4 of Copyright Act,
1957 and 103, 104 of The Trade and Merchandise
Marks Act, 1958 registered at Police Station –
Maheshganj, District – Pratapgarh, in which the
charge sheet has been submitted by concerned
police and the applicant is exonerated from the
said case crime as he was falsely implicated in
case.
Case Crime No. 44 of 2018 under Sections 420,
xi.
467, 468, 471, 272, 273 of I.P.C., 60, 63 of
U.P. Excise Act, 1910 registered at Police
Station – Nawabganj, District – Pratapgarh, in
which the charge sheet has been submitted by
concerned police and the applicant is
exonerated from the said case crime as he was
falsely implicated in case.
xii.Case Crime No. 513 of 2010 under Sections 307,
323, 325, 364, 395, 427 of I.P.C. and 7 of
Criminal Law Amendment Act registered at Police
Station – Kunda, District – Pratapgarh, in
which the applicant is released on bail by this
Hon'ble High Court.
The photocopies of the bail order and other
related documents are being annexed herewith as
Annexure No. 06 to this application.
That the Hon'ble High Court granted anticipatory
26.
bail in Case Crime NO. 125/2021 Under Section 420,
467, 468, 471, 272, 273 of I.P.C and 60, 60 A, 63
of U.P Excise Act,1910 at Police Station- Kunda
Pratapgarh to the accused namely Raj Pratap Singh
Alias Shekhar Singh Vs state of U.P and other in
Anticipatory Bail No. 7291 of 2021 vide order
dated 25.08.2021. The photocopy of the order dated
25.08.2021 passed by this Hon'ble High Court is
being annexed herewith as Annexure No. 07 to this
application.
That if the applicant will arrested, the applicant
27.
will suffer irreparable loss and injury as the
applicant has not committed any offence.
That there is no chance of the applicant
28.
absconding or tempering with the prosecution
witnesses.
That the applicant is ready to furnished the
29.
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
30.
and necessary in the interest of justice that the
applicant be enlarged on anticipatory bail in
connection with Case Crime No.50 of 2021 under
Sections 420, 467, 468, 471, 272, 273 of I.P.C.,
60, 60A, 63 of U.P. Excise Act, 1910, ,63A of
Copyright Act,1957 and 103, 104 of The Trade and
Merchandise Marks act, 1958 at Police Station –
Hathigawan, District – Pratapgarh, in the interest
of Justice, during pendency of case.
Lucknow
Date: .09.2021 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 : .09.2021 Deponent
I, identify the deponent and 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 as
per identity shown by him.
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
Sudhakar Singh
…..Applicant
Versus
State of Uttar Pradesh
....Opposite Party
Annexure No.
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