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Prompt: Generate a Bail Application involving the following key legal details: - CASE: Crime No. 412 of 2021 - SECTIONS: 2/3 of U.P. - POLICE STATION: Kunda - DISTRICT: Pratapgarh - BAIL APPLICATION: Not available --- Output: IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD SITTING AT : LUCKNOW Crl. Misc. Case No. (BAIL) Of 2022 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 ....Accused/ Applicant (In Jail since 08.09.2021) Versus State of U.P. through Additional Chief Secretary Home, Government of U.P., Civil Secretariat, Lucknow .... Opposite Party Crime No: 412 of 2021 Under Section: 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 Police Station: Kunda District: Pratapgarh Bail No. 321 of 2022 rejected by Additional Session Judge/Special Judge (Gangster Act), Court No.5, Pratapgarh on Date: 08.02.2022 FIRST BAIL APPLICATION UNDER SECTION 439 Cr.P.C. For the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon’ble may kindly be pleased to enlarge the applicant on bail, in connection with Case Crime No. 412 of 2021 under section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 registered at Police Station – Kunda, District– Pratapgarh during the pendency of his trial, in the interest of justice. Lucknow (Pradeep Kumar Singh ‘Bisen’) Advocate Date: .02.2022 Counsel for the Applicant IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLHABAD SITTING AT: LUCKNOW Crl. Misc. Case No. (BAIL) Of 2022 Sudhakar Singh …..Applicant (In Jail since 08.09.2021) Versus State of U.P. through Additional Chief Secretary Home, Government of U.P., Civil Secretariat, Lucknow ....Opposite Party AFFIDAVIT (In support of first bail application) I, Durga Bux Singh aged about 50 years son of Shri Satya Dev Singh resident of 3/344, Vishwash Khand – 3, Police Station - Gomti Nagar, Lucknow, Religion – Hindu, Occupation – Business, Education – Graduate, do hereby solemnly affirm and states on oath as under :- That the deponent is cousin brother of applicant 1. and doing pairvi of Applicant in the above noted case and duly authorized by him for filing instant application before the Hon'ble Court and as such he is fully conversant with the facts of the case deposed herein under. That the photo of the deponent is being pasted on 2. the first page of this affidavit and photocopy of ID proof of the deponent is being annexed with this affidavit. That this is first bail of the applicant filed 3. before this Hon’ble Court and no other bail application on same cause of action is filed or pending in any court of law. That on 10.12.2021 at about 23.22 Hours, the 4. informant Shri Pradeep Kumar, In-Charge Station House Officer, Police Station – Kunda, District – Pratapgarh lodged a first information report against 10 persons including the applicant at Case Crime No. 412 of 2021 under section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 (hereinafter referred to ‘Gangster Act’) in Police Station – Kunda, District – Pratapgarh. The certified and typed copy of the first information report dated 10.12.2021 is being annexed herewith as Annexure No. 1 to this affidavit. That brief fact of the alleged prosecution story 5. is that the applicant is gang leader of a gang, who is committing the offences in organized manner regularly as they are habitual, for their economic benefit and due to their terror no one can dare to speak against them. That prior to lodging the aforesaid case crime 6. against the applicant, the gang chart has been approved by the District Magistrate, Pratapgarh on 07.12.2021. The photo and typed copy of the gang chart is being annexed herewith as Annexure No. 2 to this affidavit. That for proper adjudication of the case it is 7. submitted that the applicant is totally innocent and does not commit any offence as alleged in the first information report by the informant. That the informant in order to showing his good 8. and hard work, falsely implicate the applicant in several case crimes, which are pending before him and thereafter finally lodged the said first information report dated 10.12.2021 under Section 2/3 of Gangster Act, The two cases mentioned in the gang chart are as below:- Case Crime No. 124 of 2021 under Sections 8.i. 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, in which the applicant has been granted bail on 16.12.2021 by this Hon'ble High Court. Case Crime No. 125 of 2021 under 8.ii. 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, in which the applicant has been granted bail on 16.12.2021 by this Hon'ble High Court. The photocopies of Bail orders passed by this Hon'ble High Court are being annexed herewith as Annexure No.3 to this affidavit. That the cases mentioned in the gang chart, name 9. of the applicant came in light on the information given by the informer. It is also relevant to mention that the applicant has no concern with the adulterated liquor and no recovery has been made from the applicant. That the applicant is falsely implicated in 10. 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. 48 of 2021 under section 420, 467, 468, 471, 272, 273 of I.P.C., 60, 63 of U.P. Excise Act, Police Station - Hathigawan District – Pratapgarh, in which the applicant granted bail on 25.01.2022 passed by the court below. Case Crime No. 49 of 2021 under Sections 420, 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, in which the applicant has been granted bail on 06.12.2021 by this Hon'ble High Court. Case Crime No. 50 of 2021 under Sections 420, 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, in which the applicant has been granted bail on 07.12.2021 by this Hon'ble High Court. 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, in which the applicant has been granted bail on 16.12.2021 by this Hon'ble High Court. Case Crime No. 125 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, in which the applicant has been granted bail on 16.12.2021 by this Hon'ble High Court. Case Crime No. 107 of 2021 under Sections 302, 307, 120B, 34, 272, 419, 420, 467, 468, 471 of IPC and 60 of U.P. Excise Act registered at Police Station – Gossainganj, District – Ayodhya, in which the applicant has been granted bail on 22.12.2021 by this Hon'ble High Court. Case Crime No. 121 of 2021 under Sections 3/25 Arms Act registered at Police Station – Maheshganj, District – Pratapgarh, in which the applicant has been granted bail vide order dated ………. passed by the court below. Case Crime No. 208 of 2021 under Sections 419, 420, 467, 468, 471, 486, 487, 272 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 registered at Police Station – Hathigawan, District – Pratapgarh, which has been lodged by the concerned police, when the applicant is in jail, in which the applicant has been granted bail on 07.12.2021 by this Hon'ble High Court. That the aforesaid 8 cases are recently lodged against the applicant under the political pressure. 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 420, 467, 468, 471, 272, 273 of I.P.C., 60, 63 of U.P. Excise Act, 1910, 63A of Copyright Act, 1957 registered at Police Station – Mil Area, District – Raebareli, in which the applicant has been granted bail vide order dated 05.05.2017 passed by the court below. Case Crime No. 17 of 2016 under Section 135 The 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, 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, 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. 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 has been granted bail on 18.02.2011 by this Hon'ble High Court. The photocopies of the bail order passed by the court below and this Hon'ble High Court alongwith other related documents of the applicant are being annexed herewith as Annexure No. 4 to this application. That it is relevant to mention here that the 11. applicant is neither member of alleged gang as alleged in the first information report nor involved any crime as alleged against him in the gang chart by the informant. He further does not committed any offence for his economical and physical benefit due to which the local area people are under the threat as such allegations against the applicant are false and fabricated. The police for showing there good work falsely 12. implicated the applicant in the said case crime. That the real fact is that the applicant is 13. innocent and belongs to a respected family and has good reputation being national player of volleyball. That the applicant was serving to the Central 14. Government and was 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. 5 to this application. That the applicant had shifted to Lucknow along 15. with his family since long back and he rarely visits his village. That the children of the applicant are studying 16. in class VIII & III City Montessori School, Indira Nagar, Lucknow and due to false implication in said case crime, the career of the children gone in dark. That the applicant was National Player of 17. 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. 6 to this application. That the entire case has been made and based 18. against the applicant only on information of the police informer, which is not reliable as nothing is supported to prosecution story. That informant working for the present local 19. Member of the Parliament of the ruling party due to political vendetta, he has been falsely implicated in the case crime. That in result of the above, the informant 20. falsely implicates the 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 applicant is in jail since 08.09.2021 21. without committing any offence as alleged against him. That the applicant does not committed any offence 22. for his economical and physical benefit. The applicant is not convicted previously in any case crime. The allegations against the applicant are false and fabricated. That since the applicant has not committed any 23. offence as alleged, hence no offence under Sections 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 relating to Police Station – Kunda, District – Pratapgarh, is made against him. That the applicant had moved his bail application 24. bearing number 321 of 2022 before the Additional Session judge/Special Judge (Gangster), Room No.5, Pratapgarh and same has been rejected on 08.02.2022. The free copy of the bail rejection order dated 08.02.2022 passed by the court below is annexed herewith as Annexure No. 7 to this affidavit. That the applicant will not misuse the liberty of 25. bail if so granted by this Court. That the applicant is previously not convicted by 26. any court of law. That the applicant further declares in compliance 27. of the Section 19(4)(b) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 that the applicant is committed any offense as alleged in the first information report and also he is not likely to commit any offense while on bail, if so granted by this Hon'ble High Court. That the applicant has no motive to commit the 28. alleged crime and false motive which given in case, is cooked and fabricated by the concerned police. That there is no chance of the applicant 29. absconding or tempering with the prosecution witnesses. That the applicant is ready to furnish personal 30. bond and sureties to the entire satisfaction before the court, if the bail is granted to him. That in view of the above, it would be expedient 31. and necessary in the interest of justice that the applicant be enlarged on bail during pendency of his trial. Lucknow Date : .02.2022 Deponent VERIFICATION I, the deponent, above named do hereby verify that the contents of para 1 to of this affidavit are true to my own knowledge. No part of it is false and nothing material fact has been concealed. So help me God. Lucknow Date : .02.2022 Deponent I, identify the deponent, who has I, do hereby declare that the person making this affidavit and alleging herself to be the deponent is known to me from the perusal of papers and I am satisfied that she is the same person. Advocate Solemnly affirmed before me on at a.m./p.m. by the deponent who has been identified by Sri P. K. Singh “Bisen”, Advocate, High Court, Lucknow, Bench, Lucknow. Enrolment No. 2933/2003 AOR No: B/P 0262 resident of “Narsinghpur House”, 25 Preet Vihar Colony, Raiberelly Road, Lucknow. Mobile No. 9415288732 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 to him. OATH COMMISSIONER Code : 401507(Minor) GROUP : Bail DISTRICT : Pratapgarh IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLHABAD SITTING AT: LUCKNOW Crl. Misc. Case No. (BAIL) Of 2022 Sudhakar Singh …..Applicant (In Jail since 08.09.2021) Versus State of U.P. through Additional Chief Secretary Home, Government of U.P., Civil Secretariat, Lucknow ....Opposite Party INDEX Sr Particulars Page No No. Application for Bail 1. Affidavit in support of bail 2. application Annexure No. 1 3. The certified and typed copy of the first information report dated 10.12.2021 Annexure No. 2 4. The photo and typed copy of the gang chart Annexure No. 3 5. The photocopies of Bail orders passed by this Hon'ble High Court Annexure No. 4 6. The photocopies of the bail order passed by the court below and this Hon'ble High Court alongwith other related documents of the applicant Annexure No. 5 7. The photo/type copy of the certificate issued by the railway authority on 15.04.2021 Annexure No. 6 8. The photocopies of the certificates related to the volleyball Annexure No. 7 9. The free copy of the bail rejection order dated 08.02.2022 passed by the court below ID proof of the deponent 10. Memo 11. Lucknow (Pradeep Kumar Singh ‘Bisen’) Advocate Date: .02.2022 Counsel for the Applicant Mobile No. 9415288732 AoR No. B/P0262 IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLHABAD SITTING AT: LUCKNOW Crl. Misc. Case No. (BAIL) Of 2022 Sudhakar Singh …..Applicant (In Jail since 08.09.2021) Versus State of U.P. through Additional Chief Secretary Home, Government of U.P., Civil Secretariat, Lucknow ....Opposite Party Annexure NO. |