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Prompt:
Generate a Bail Application involving the following key legal details:

- CASE: Crime No. 238 of 2017
- BAIL APPLICATION: Bail Application No. 7062 of 2017
  - DISTRICT: Not available

---
Output:

                                IN THE HON’BLE HIGH COURT OF JUDICATURE AT

                                       ALLAHABAD, LUCKNOW BENCH, LUCKNOW

                             Criminal Misc. Case No.                (B) of 2017

                         Rajesh Kumar Yadav  aged about 35 years son of
                         Shri Chhedi Lal resident of Village – Khajuri,
                         Police Station – Lalganj, District – Pratapgarh

                                                                                   .....Applicant

                                                                   (In Jail from 01.06.2017)

                                                              Versus

                         State of Uttar Pradesh            .....Opposite Party

                                                                   Case Crime No.  238 of 2017

                                                        Under Sections 419, 420, 467, 468, 

                                                                              471, 272, 273 I.P.C.

                                                        Sections 60, 63 of U.P. Excise Act

                                                                        Police Station – Lalganj

                                                                            District – Pratapgarh

                                                Bail application rejected by Additional 

                                             Sessions Judge, Pratapgarh, on 15.09.2017

                            APPLICATION FOR BAIL UNDER SECTION 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 :       .2017       Counsel for the applicant

                                                                   Case Crime No.  238 of 2017

                                                        Under Sections 419, 420, 467, 468, 

                                                                              471, 272, 273 I.P.C.

                                                        Sections 60, 63 of U.P. Excise Act

                                                                        Police Station – Lalganj

                                                                            District – Pratapgarh

                                                Bail application rejected by Additional 

                                             Sessions Judge, Pratapgarh, on 15.09.2017

                                IN THE HON’BLE HIGH COURT OF JUDICATURE AT

                                       ALLAHABAD, LUCKNOW BENCH, LUCKNOW

                              Criminal Misc. Case No.                (B)of 2017

                         Jokhu Jaiswal                                      ...Applicant

                                                                   (In Jail from 01.06.2017)

                                                              Versus

                         State of Uttar Pradesh              ....Opposite Party

                                                            AFFIDAVIT

                                        (In support of bail application)

                             I, Ritesh Kumar Yadav aged about 22 years son

                         of Shri Rati Ram Yadav Resident of Village –
                         Asaitha, District – Pratapgarh, Religion – Hindu,
                         Education – Literate, Occupation – Business, do
                         hereby solemnly affirm and state on oath as under
                         :-
                         1.    That the deponent is the pairokar of the

                                  applicant   and   duly   authorized   by   the
                                  applicant   to   doing   pairavi   and   files   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.   The   ID   Proof   of   the   deponent   is
                                  enclosed and his photograph is affixed on
                                  the affidavit.

                         2.    That   this   is   the   first   bail   application

                                  before this Hon'ble Court. No any other bail
                                  application   pending   before   this   Hon'ble
                                  Court or rejected by this Hon'ble Court.

                         3.    That brief facts of the case is that a first

                                  information report has been lodged against
                                  the   applicant   and   2   other   persons   on
                                  01.06.2017   by   informant   namely   Shri   Ajay
                                  Kumar Singh, Inspector Field Unit, Allahabad
                                  bearing Case Crime No. 238 of 2017 under
                                  Sections 419, 420, 467, 468, 741, 272, 273
                                  I.P.C., 60, 63 U.P. Excise Act at Police
                                  Station – Lalganj, District – Pratapgarh on
                                  false, incorrect and baseless grounds. The
                                  photocopy   of   the   first   information   report
                                  dated   01.06.2017   is   being   annexed   as
                                  Annexure No. 01 to this application.

                         4.    That fact of the first information report

                                  dated   01.06.2017   is   in   nutshell;   the
                                  informant along with other police companions
                                  were   searching   the   criminals   and   illegal
                                  liquor   smugglers   and   they   reached   Sagra
                                  Sundar Pal within the jurisdiction of the

                                  Police   Station   –   Lalganj,   District   –
                                  Pratapgarh.

                         5.    That   meanwhile   one   of   police   informer

                                  informed   them   that   at   Khajuri   turn,   two
                                  Bolero and one Pickup vehicles are standing
                                  and some persons are also there nearby the
                                  aforesaid vehicles with illegal liquor. On
                                  this information the raiding party reached
                                  Khajuri turn and saw that two Bolero and one
                                  Pickup vehicles there and after seeing the
                                  police   personnel’s   the   persons   standing
                                  nearby   the   vehicles   tried   to   escape   but
                                  three persons including the applicant were
                                  arrested by the raiding party at about 03:15
                                  AM on said date i.e. 01.06.2017.

                         6.    That   it   has   been   further   alleged   in   the

                                  first   information   report   that   from   the
                                  possession of the applicant one country made
                                  pistol 315 bore and there live cartages of
                                  315 bore, 10 boxes of illegal liquor total
                                  450 bottles of 200ML in all boxes, 500 empty
                                  bottles   without   cap   of   200ML,   200   pages
                                  rappers   total   9898   rappers,   9500   bottles
                                  caps and 7000 cap washers kept in two bags
                                  and also have 30,000.00 cash was recovered
                                  from him. As per first information report
                                  dated 01.06.2017, the applicant was driving
                                  the Bolero vehicle No. UP 72 W 4410.

                         7.    That from the possession of the co-accused

                                  Madan Lal Verma, the raiding party found one
                                  country made pistol 315 bore and two live
                                  cartages   315   bore,   Rs.   14,000.00   cash,   6
                                  boxes of illegal liquor total 270 bottles of
                                  200ML   labelled   as   Dabang   Desi   Sharab
                                  Masaledar, 400 empty bottles without cap of
                                  200ML, 10700 holograms in three bundles, one
                                  packet of chemical for making colour and 6
                                  bundles tape.

                         8.    That the raiding party from the 3rd accused,

                                  who was driving the Pickup vehicle No. UP 44
                                  T   9075   recovered   the   8300   empty   bottles
                                  without cap, one plastic tank of 500 litres
                                  which was filled about 400 litres of illegal
                                  liquor which was dripping from the tap of
                                  the tank and two empty gallons of the 50
                                  litres.

                         9.    That   it   is   further   stated   that   above

                                  recovery so far concerned with the applicant
                                  was   false,   incorrect   and   baseless   and   on
                                  basis   the   first   information   report   was
                                  lodged against the applicant and others, in
                                  the   Police   Station   –   Lalganj,   District   –
                                  Pratapgarh.

                         10.   That the versions of the first information

                                  report dated 01.06.2017 and same is depends
                                  upon the concocted story as such nothing has
                                  been recovered from the applicant as alleged
                                  against   him.   Here   it   relevant   to   mention
                                  here that the applicant was neither driver
                                  of   the   alleged   vehicle   nor   knowing   the
                                  driving of the four vehicle.

                         11.   That the real story of the case is that so

                                  far concerned to the applicant is that; the
                                  applicant   has   no   concerned   with   the   said
                                  alleged incident. On 31.05.2017, at marital
                                  house   of   sister   of   the   applicant   was   a
                                  function     (Bhandara)     at     Jalesharganj,
                                  Pratapgarh, in which he was present. At that
                                  place cousin brother of the applicant namely
                                  Shiv Nath Yadav, was also there, who is the
                                  owner  of   the  Bolero   vehicle  No.   UP  72   W
                                  4410.

                         12.   That after taking dinner (Bhandara) the Shiv

                                  Nath Yadav was also come to house of the
                                  applicant for night stay. The applicant was
                                  unaware about raid, which was conducting by
                                  the   raiding   party   at   alleged   place.   At
                                  3.00AM of 01.06.2017 the police of concerned
                                  Police   Station   was   come   to   house   of   the
                                  applicant   and   without   saying   any   word,
                                  arrested him but the informant showing in

                                  his   first   information   report   that   the
                                  applicant was arrested at alleged incident
                                  place when he was sit on driving seat of the
                                  Bolero   vehicle   No.   UP   72   W   4410.   The
                                  photo/typed copy of the arresting memo is
                                  being annexed as  Annexure No. 02  to this
                                  application.

                         13.   That after concluding the raid, the recovery

                                  memo   has   been   prepared   by   the   concerned
                                  police on 01.06.2017. 

                         14.   That so far concerned to the recovery of the

                                  Rs.   30,000.00   from   the   applicant,   it   is
                                  relevant to mention here that the said money
                                  was also taken by the concerned police from
                                  the   house   of   the   applicant,   when   he   was
                                  arrested from his house. The said money was
                                  withdrawn   by   his   daughter   namely   Ranjna
                                  Yadav   on   18.05.2017   on   request   of   the
                                  applicant as same was to be given to his
                                  sister in her function but on 30.05.2017,
                                  his sister denied for taking the said money
                                  as there was no need. The photocopy of the
                                  bank   statement   of   the   daughter   of   the
                                  applicant is being annexed as  Annexure No.
                                  03 to this application.

                         15.   That the manner in which the arrest and the

                                  recovery has been shown from the applicant

                                  is   highly   improbable   against   the   human
                                  nature as he was arrested from his house,
                                  which is against the fact and circumstances
                                  of the case.

                         16.   That   the   applicant   has   been   falsely

                                  implicated in the said case crime by the
                                  concerned   Police   Station   police   as   the
                                  several cases have been lodged against the
                                  applicant.

                         17.   That the cases lodged against the applicant,

                                  details & status of the same are as under :
                                  1.  Case Crime No. 218 of 2000 under Sections

                                     18/20 N.D.P.S. Act, in which the applicant
                                     has   been   acquitted   by   the   A.D.J,
                                     Pratapgarh on 07.07.2006.

                                2.  Case Crime No. 219 of 2000 under Sections

                                     60   Excise   Act,   which   is   still   pending
                                     before the court concerned.

                                3.  Case Crime No. 42 of 2003 under Sections

                                     41,   411   I.P.C.,   which   is   still   pending
                                     before the court concerned.

                                4.  Case Crime No. 40 of 2003 under Sections

                                     60   Excise   Act,   which   is   still   pending
                                     before the court concerned.

                                5.  Case Crime No. 46 of 2003 under Sections

                                     2/3   U.P.   Gangster   Act,   which   is   still
                                     pending before the court concerned.

                                6.  Case Crime No. 58 of 2003 under Sections

                                     392 I.P.C.. This case was ended at stage
                                     of investigation.

                                7.  Case Crime No. 234 of 2007 under Sections

                                     2/3 Gunda Act.

                                8.  Case Crime No. 502 of 2009 under Sections

                                     272 I.P.C. and 60 Excise Act, which is
                                     still pending before the court concerned.

                                9.  Case Crime No. 89 of 2010 under Sections

                                     110G Cr.P.C..

                                10.Case Crime No. 238 of 2017 under Sections

                                     419, 420, 467, 468, 741, 272, 273 I.P.C.,
                                     60, 63 U.P. Excise Act, which is still
                                     pending before the court concerned.

                                11.Case Crime No. 239 of 2017 under Sections

                                     3/25   Arms   Act,   which   is   still   pending
                                     before the court concerned and he is on
                                     bail.

                         18.   That since the applicant has not committed

                                  any   offence   as   alleged   but   he   has   been
                                  falsely   implicated   and   has   no   any
                                  involvement in the said case as alleged in

                                  first information report, the applicant has
                                  not committed any offence.

                         19.   That   the   applicant   moved   bail   application

                                  bearing No. 1358 of 2017 before Additional
                                  Sessions   Judge,   Pratapgarh,   and   his   bail
                                  application has been rejected by the court
                                  concerned   on   15.09.2017.   The   copy   of   the
                                  order   dated   15.09.2017   passed   by   court
                                  concerned is being annexed as  Annexure No.
                                  05 to this application.

                         20.   That the co-accused of the case crime 238 of

                                  2017,   Mandan   Lal   Verma   moved   a   bail
                                  application   No.   5937   of   2017   before   this
                                  Hon'ble Court and he has been released on
                                  bail vide order dated 24.08.2017 passed by
                                  this Hon'ble Court. Another accused namely
                                  Akbar Ali moved bail application No. 7062 of
                                  2017 and he has been also released on bail
                                  by   this   Hon'ble   Court   vide   order   dated
                                  28.08.2017.

                         21.   That the applicant in jail since 01.06.2017

                                  without   committing   any   offense   as   alleged
                                  against the applicant with regard to case
                                  crime No. 238 of 2017.

                         22.   That there is no chance of the applicant

                                  absconding or tempering with the prosecution
                                  witnesses.

                         23.   That the applicant is ready to furnished the

                                  security and bond and also undertake that he
                                  will be never misused liberty of bail.

                         24.   That   in   view   of   the   above,   it   would   be

                                  expedient and necessary in the interest of
                                  justice that the applicant be enlarged on
                                  bail during pendency of case.

                         Lucknow
                         Date :            .2017                                 Deponent

                                                         VERIFICATION

                                   I, the deponent, do hereby verify that
                         the contents of para                          of     the
                         accompanying   affidavit   are   true   to   my   own
                         knowledge and those of para                 
                         are   believed   to   true   based   on   records   and
                         paragraph                               are true to legal
                         advice.  No   part   of   its   is   false   and   nothing
                         material has been concealed. So, help me “GOD”.
                         Lucknow
                         Dated:     .2017                                     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,   above
                         named, who has been identified by Sri Dr. Gyan
                         Sing,     Advocate,   High   Court,   Lucknow,   Bench,
                         Lucknow. Enrolment No. 11667 of 2010 and resident
                         of   34,   Pipra   Ghat,   Dilkusha   Cantt,   Lucknow,
                         Mobile No. 9452226667. 

                                 I,   have   satisfied   myself   by   examining   the

                         deponent   that   she   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 2017

                         Jokhu Jaiswal                                      ...Applicant

                                                                   (In Jail from 01.06.2017)

                                                              Versus

                         State of Uttar Pradesh              ....Opposite Party

                                                               INDEX

                           Sr.No                     Particulars                     Page No.

                               1.   Application     for     bail     under

                                      section 439 Cr.P.C.

                               2.   Affidavit     in     support     of

                                      application

                               3.   Annexure No. 1 

                                      The   photocopy   of   the   first
                                      information         report         dated
                                      01.06.2017

                               4.   Annexure No. 2

                                      The   photo/typed   copy   of   the
                                      arresting memo

                               5.   Annexure No. 3 

                                      The   photocopy   of   the   bank
                                      statement of the daughter of the
                                      applicant

                               6.   Memo

                         Lucknow                                   (Dr. Gyan Singh)

                                                                                   Advocate

                         Dated :       .2017       Counsel for the applicant

                          IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD,

                                                  LUCKNOW BENCH, LUCKNOW

                                       Criminal Misc. Case No.   (B)of 2017

                         Rajesh Kumar Yadav       Versus       State of U.  P.

                                           Type copy of the Annexure No. 

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                             v”kQkd ds fe=A

                         3-jksfgr oekZ iq= clar yky oekZ fu0 c.Mk[kqVkj]

                             ih,l   vUrq]   izrkix<   eks0   ua0   9554900622
                             AvfHk;qDr enu dk HkkbZA

                                                  vfHk;qDr.k dk uke irk

                         1- jkts”k dqekj ;kno iq= Jh Nsnh yky ;kno fuoklh

                              [ktqjh ih,l ykyxat izrkix<

                         2- enu   yky   oekZ   iq=   clar   yky   oekZ   fuoklh

                              c.Mk[kqVkj] ih,l vUrq ftyk izrkix<

                         3- vdcj vyh iq= bLyke fuoklh rktiqj] ih,l dksrokyh

                              uxj] lqYrkuiqj