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Prompt:
Generate a Bail Application involving the following key legal details:
- CASE: Crime No. 192 of 2013
- BAIL APPLICATION: Bail Application No. 6827 of 2013
- DISTRICT: Not available
---
Output:
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD,
LUCKNOW BENCH, LUCKNOW
Criminal Misc. Case No. (B) of 2014
Digvijay Singh alias Tufan son of Late Shamsher Singh
resident of Village – Peethapur, Police Station –
Sangipur, District – Pratapgarh
.....Applicant
(In Jail)
Versus
State of U.P. .....Opposite Party
Case Crime No. 192 of 2013
Under section 147, 148, 149, 302, 307/34
323, 504, 506 I.P.C. And
Section 7 of Criminal Law Amendment Act
Police Station – Sangrampur
District – Amethi
Order passed by Session Judge,
District – Sultanpur
Bail Application No. 1382/2013
on 13.09.2013
IInd APPLICATION FOR BAIL U/s 439 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 the interest of Justice.
Lucknow (Dr. Gyan Singh)
Advocate
Dated: 2013 Counsel for the Applicant
Note: That this is second bail application. First bail
application No. 6827 of 2013 was rejected by Hon’ble
Arvind Kumar Tripathi II “J” 04.04.2014.
Lucknow (Dr. Gyan Singh)
Advocate
Dated: 2012 Counsel for the Applicant
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD,
LUCKNOW BENCH, LUCKNOW
Criminal Misc. Case No. (B)of 2014
Digvijay Singh alias Tufan
.....Applicant
(In Jail)
Versus
State of Uttar Pradesh .....Opposite Party
AFFIDAVIT
(In support of IInd bail application)
I, Dinesh Kumar Singh aged about 52 years son of Late
Vijay Pal Singh resident of 715/605, Sabji Mandi,
Karnalganj, District - Allahabad, Religion – Hindu,
Education – LL.B., Occupation – Advocacy and the
photograph of the deponent is affixed on the affidavit
and his ID proof is enclosed with the affidavit, do
hereby solemnly affirm and state on oath as under :-
That the deponent is the brother of the applicant
1.
duly authorized by the applicant to file the
aforesaid application before this Hon'ble Court and
as such he is fully conversant with the facts of
the case and deposed as under.
That this is the second bail application, first
2.
bail application No. 6827 of 2013 was rejected by
Hon’ble Arvind Kumar Tripathi “J” on 04.04.2014.
That on 30.04.2013 about 06.30 Hours the informant
3.
Shri Ram Mishra lodged a first information report
against 05 persons including the applicant bearing
Case Crime No. 192 of 2013 under Section section
147, 148, 149, 302, 307/34, 323, 504, 506 I.P.C.
And Section 7 of Criminal Law Amendment Act in
Police Station – Sangrampur, District – Amethi. The
photo and typed copy of the first information
report dated 30.04.2013 is annexed herewith as
Annexure No. 1 to this affidavit.
That brief fact of the alleged prosecution story is
4.
that the alleged accused as mentioned in the first
information report, the applicant and other accused
persons of the above case crime, armed with the
iron rod, Lathi & Danda came at the door of the
informant, where the father of the informant
sitting in courtyard, all the accused persons
caught hold and dragged him up to the tree by
assaulting mercilessly. The mother and brother-in-
law of the informant namely Girija Shankar with the
help of 108 brought to the injured at Community
Health Centre, Amethi from where he was referred to
Lucknow where he is being treated and there is
least possibility of his survival.
That the injured was hospitalized at Mayo Medical
5.
Centre Pvt. Ltd., Gomti Nagar, Lucknow on
30.04.2013 at 12.30 p.m. and was expired on
19.05.2013 at 06.40p.m.. The police of Gomti Nagar
was informed for conducting the inquest through
G.D. No. 44 at 07.20 p.m.. Photocopy of the letter
dated 19.05.2013 is annexed herewith as Annexure
No. 2 to this affidavit.
That the inquest was conducted on 20.05.2013 at
6.
09.05 p.m. at Mayo Medical Centre, Police Station –
Gomti Nagar, Lucknow in presence of the informant
and chance eye witness Girija Shankar as per
information, death occurred due to sustaining the
grievous injuries during mar-peet. Photocopy of the
inquest report is being filed herewith annexed
herewith as Annexure No. 3 to this affidavit.
That the doctor conducted the autopsy on the body
7.
of the deceased on 20.05.2013at 3.30 p.m.. The
death is ude to come as relult of anti-mortem head
injury. The doctor has noted four injuries on the
person of deceased, first is on the right side
heads 3cm above the right ear, second injury is on
the frond of right forearm 7.00 cm above right
wrist joint, third injrry istated on the left
forearm 9 cm above left wrist join, gourth injuries
is right ankle joint. Photocopy of the autopsy
report is being annexed herewith annexed herewith
as Annexure No. 4 to this affidavit.
That it is admitted that the informant is not eye
8.
witness of the occurrence. His statement under 161,
Cr.P.C. was recorded on 01.05.2013 and stated
therein he was remained in private service at Delhi
after hearing the news he came at the village. The
statement of Girija Shankar Pandey resident of
Padari, Gauriganj, District – Amethi stated therein
the deceased was dragged by the applicant and
others and was allegedly assaulted by Lathi, danda
and iron rod.
That thereafter the investigating offerthe
9.
statement in Smt. Rajpati wife of deceased stated
in her statement that the applicant and co-accused
Jitndra Singh have assaulted with Iron and Satyam
and Ram Pratap assaulted by lathi and danda. The
co-accused Sheetla Prasad caught hold the deceased
in Osara and dragged him at the place of
occurrence. Photo and copy of the witnesses are
being herewith collectively as Annexure No. 5 to
this affidavit.
That in the meantime the injured/deceased was being
10.
treated in Mayo Hospital, Gomti Nagar, Lucknow and
took his last breath on 19.05.2013. The case
summary was prepared by Doctor Siddharth Singh who
is hospital administrator. The Neuro Surgeon doctor
Tarun Pandey has opined that the patient was
referred for the head injury but there is no
evidence of head injury. C.T. brain is normal. The
group of doctors six in numbers have expressed
their opinion that the patient progressed well in
post operative period. The patient shifted to room
on 07.05.2013 developed breathlessness
(Penumonitis) on 08.05.2013 and was again shifted
to I.C.U. expired on 19.05.2013. Dr. S. S. Gupta
(M.D.) Chest was looking after the patient for
respiratory problem. He was Tracheostomised by anti
surgeon and was seen by me on 14.05.2013. The
patient was also looked after by the plastic
surgeon. The report of doctor who conducted post
mortem is contrary with the report of the doctor
who treated the patient from 01.05.2013 to
19.05.2013. Photo copy of the of the case summary
given by the doctor Siddharth Singh Hospital in
Administration dated 01.05.2013 is being herewith
as Annexure No. 6 to this affidavit.
That investigating officer took up investigation on
11.
23.06.2013 again recorded the statement of the
informant Shri Ram Mishra. He has stated that there
was dispute of land, the accused persons armed with
lathi, danda, iron rod surrounded his father. This
incident was being witness by his brother-in-law
and mother in side the house from the gap of the
gates. The similar statement of Shri Rajpati and
Girija Shankar Pandey without slight change. The
investigating officer again recorded statement just
to twist the story after seeing the post mortem.
The investigating officer recorded the statement of
12.
doctor Unday Pratap Singh on 23.07.2013 who has
stated that he was posted at C.H.C., Amethi and on
30.04.2013 at 9.00 a.m. examined injured Ram Akbal
who was brought by 108 mobile vehicle, a that
moment Naib Tahsildar Ajeet Singh also came there
and recorded the dying declaration. It is to be
noted that doctor Uday Pratap Singh has not given
fitness certificate and he is referring that the
condition of the patient was serious, the general
conditions of the patient was very poor as
mentioned in the injury report, in such
circumstances, it is evident that the injured was
not in position to make his statement. The dying
declaration was manipulated and conducted under the
political influence. Photo copy of the statement of
doctor Uday Pratap Singh is being herewith as
Annexure No. 7 to this affidavit.
That the investigation officer has made recovery
13.
of two pieces brick and one peace danda of wood,
blood stain on 02.05.2013. Photo copy of the
recovery memo is being herewith as Annexure No. 8
to this affidavit.
That the informant is not eye witness. Girija
14.
Shankar Pandey is the chance witness and brother-
in-law of the informant. The statement of informant
is to the effect that the incident was seen in side
of the house is also belies the prosecution case.
That the dying declaration is alleged to be
15.
concocted and manipulated. In the first information
report weapon was lathi, danda and iron rod while
in dying declaration dadasa, lathi and danda,
bricks and the numbers of the accused were not
specified. There was no injury report of gadasa and
the same was not mentioned in first information
report. In the first information report fire arm
was alleged to be opened by katta while in dying
declaration rifle has been attributed. In dying
declaration the name of Sheetal has not been
mentioned. The name of Ram Bahadur’s sons are not
mentioned in first information report. The dying
declaration is not in question answer form.
That the dying declaration was recorded by the
16.
Tasildar on 30.04.2013 at C.H.C., Amethi.
That the applicant and other co-accused persons
17.
have been falsely implicated only on the ground of
suspicion as the murder of his father Samsher
Singh, deceased Ram Akbal was accused along with
other and was convicted under section 302 I.P.C. on
09.11.2000 in S.T. No. 141 of 1998 (State Versus
Ram Akbal and others). The deceased filed an appeal
being appeal No. 1048 of 2000 and he was on bail.
The deceased Shamsher Singh was re-known advocate
of District – Pratapgarh.
That what absurd story has been cooked up by the
18.
prosecution that the person is having the rifle and
tamancha will not used lathi, danda and iron rod.
The first information report resembling with the
autopsy report. The first information report is
contradictory with the dying declaration. the
statements recorded under section 161 Cr.P.C. is
also not corroborating with each other.
That after 2008 no any criminal case is registered
19.
against the applicant.
Case crime No. 107 of 1997 under Section 374
1.
I.P.C. and bonded Labour Act, the applicant is on
bail case is pending.
Case crime No. 122 of 2008 under Section 147, 148,
2.
3223, 504,506 I.P.C., the applicant on bail, case
is pending.
Case is crime No. 143 of 2008 under Section 3 (1)
3.
Gunda Act withdraw of the notice by the then
District Magitrate.
Case crime No. 148 of 2008 under Section 110
4.
Cr.P.C., the proceeding is dropped. The applicant
is on bail and the same is pending.
That the applicant is innocent. The criminal
20.
history shown against the applicant has been
explained in the preceding paragraph. There is
delay in lodging the first information report.
There is contradiction in first information report
and alleged dying declaration. The injured/deceased
was assaulted by the persons with whom civil
dispute was pending, even after loosing the case in
the Hon'ble Court. He was forcibly having the
possession. The deceased was convicted in the
murder of the father of the applicant and was on
bail by the Hon'ble Court, this was suspicion and
the applicant schooling students were implicated.
That for proper adjudication of the case it is
21.
submitted that the applicant is falsely implicated
by the police persons without any reason and as
such the applicant does not commit any offence as
alleged in the first information report.
That the applicant in jail since .
22.
That there is no chance of the applicant absconding
23.
or tempering with the prosecution witnesses.
That the applicant is ready to furnished the
24.
security and bond and also undertake that he will
be never misused liberty of bail.
That in view of the above, it would be expedient
25.
and necessary in the interest of justice that the
applicant be enlarged on bail during pendency of
case.
Lucknow
Date : 2014 Deponent
VERIFICATION
I, the deponent, do hereby verify that the
contents of para Nos. of this affidavit
are true to my personal knowledge and those para Nos.
of the affidavit are based on perusal of record, those
of para Nos. of the
affidavit are based on information received by the
deponent, those of para Nos. of the
affidavit are based on legal advice which all I believe
to be true. No part of its is false and nothing
material has been concealed. So, help me “GOD”.
Lucknow
Date : 2014 Deponent
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, who has been
identified by Sri Prabhat Kumar Mishra, Advocate, High
Court, Lucknow, Bench, Lucknow. Enrollment No. 8078 of
2011, Address – Village – Purahiya, Nigohan Lucknow.
I, have satisfied my self 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
Criminal Misc. Case No. (B)of 2014
Digvijay Singh alias Tufan .Applicant
(In Jail)
Versus
State of Uttar Pradesh .....Opposite Party
INDEX
Sr.
Particulars Page No.
No
Application for bail under section
439 Cr.P.C.
1.
Affidavit in support of application
2.
Annexure No. 1
3.
The photo and typed copy of the
first information report dated
30.04.2013
Annexure No. 2
4.
Photocopy of the letter dated
19.05.2013
Annexure No. 3
5.
Photocopy of the inquest report
Annexure No. 4
6.
Photocopy of the autopsy report
Annexure No. 5
7.
Photo and copy of the witnesses
Annexure No. 6
8.
Photo copy of the of the case
summary given by the doctor
Siddharth Singh Hospital in
Administration dated 01.05.2013
Annexure No. 7
9.
Photo copy of the statement of
doctor Uday Pratap Singh
Annexure No. 8
10.
Photo copy of the recovery memo
Identity proof of the deponent
11.
Memo
12.
Lucknow (Dr. Gyan Singh)
Advocate
Dated: 2013 Counsel for the Applicant
Mobile No. 9452226667
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