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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.