Datasets:

SHASWATSINGH3101
/

bail_data_text

Navin Kumar Pachauri aged about 37 years son Shri
Prem Dutta Pachauri resident of Village –
Chachipura Khander, Police Station – Fatehabad,
District - Agra

.....Applicant

(In jail since 24.08.2020)

Versus

State of Uttar Pradesh .....Opposite Party

Case Crime No. 422 of 2019

Under Sections 409 of I.P.C. and

7/13 The Anti Corruption

(Prevention) Act, 1988

Police Station – Station Link Road

District – Ghaziabad

Bail application No. 2863 of 2020

rejected by the Special Judge, Special Court No. 2,

(Corruption Prevention Act), Meerut on 08.09.2020

st 1 BAIL APPLICATION 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 connection with Case Crime No. 422
of 2019 under Sections 409 of I.P.C. and 7/13 The Anti
Corruption (Prevention) Act, 1988 registered at Police
Station – Station Link Road, District – Ghaziabad, in
the interest of Justice.

(Pradeep Kumar Singh ‘Bisen’)

Advocate

( )

Advocate

Date: .2020 Counsels for the Applicant

Case Crime No. 422 of 2019

Under Sections 409 of I.P.C. and

7/13 The Anti Corruption

(Prevention) Act, 1988

Police Station – Station Link Road

District – Ghaziabad

Bail application No. 2863 of 2020

rejected by the Special Judge, Special Court No. 2,

(Corruption Prevention Act), Meerut on 08.09.2020

IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD
Criminal Misc. Bail Application No. of 2020

District – Ghaziabad

Navin Kumar Pachauri ......Applicant

(In jail since 24.08.2020)

Versus

State of Uttar Pradesh .....Opposite Party

AFFIDAVIT

(In support of bail application)

I, Prem Dutt Pachauri aged about 63 years son Shri

Shiv Charan Lal Pachauri resident of Village –
Chachipura Khander, Police Station – Fatehabad,

District - Agra, Religion – Hindu, Education –
Literate, Occupation – Agriculture, do hereby
solemnly affirm and state on oath as under :-

That the deponent is the father of the

applicant/pairokar in above noted application and
duly authorized for swearing affidavit on his
behalf and as such he is fully conversant with the
facts of the case and deposed as under. The ID of
the deponent is affixed on the affidavit and his ID
proof is enclosed with the affidavit.
That this is the first bail application of the

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

That brief facts of the case is that; on 25.09.2019

at 23.36 hours the informant namely Dr. Rakesh
Kumar Mishra, Circle Officer, Circle - Sahibabad,
District – Ghaziabad, lodged a first information
report bearing Case Crime No. 422 of 2019 under
Sections 409 of I.P.C. and 7/13 The Anti Corruption
(Prevention) Act, 1988 against the applicant and 6
others with regard to grabbing of the recovered
money from the accused persons. The photo/typed
copy of the first information report lodged by the
informant on 25.09.2019 is being annexed herewith
as Annexure No. 1 to this affidavit.
That allegation levelled in the first information

report lodged by the informant is that in night of
the 24/25.09.2019, the two accused of the case
crime 176 of 2019 lodged under Section 409 of IPC

at Police Station – Station Link Road, District –
Ghaziabad have been arrested in raid, which was
conducted the IO of the said case crime. During
said raid Rs. 14,81,500/- & Rs. 31,00,000/-
recovered by the IO of the case crime. But during
the questioning by the informant, the accused said
they both have approximately Rs. 1.15-1.25 Cror.
Thereafter the informant lodged the first
information report against the applicant and others
for missing of Rs. 70-80 lacs.
That on very same i.e. on 25.09.2019, the statement

of the informant has been recorded by the
investigating officer under Section 161 of Cr.P.C.,
in which the informant almost repeated his first
information report. In addition to that he has got
permission from the higher official for lodging
first information report against the applicant and
others after initial investigation. The typed copy
of the statement of the informant dated 25.09.2019
is being annexed herewith as Annexure No. 2 to this
affidavit.
That the applicant has no concerned with the

alleged incident which has been took place at time
raid in connection with case crime 176 of 2019
lodged under Section 409 of IPC at Police Station –
Station Link Road, District – Ghaziabad.
That real story is that the applicant has no any

relation with said crime as alleged against him by
the informant & investigating officer of the case
crime.

That the informant has directed vide order dated

23.09.2019 the applicant to appear before the
Information Commission at Lucknow on 25.09.2019.
The photocopy of the order dated 23.09.2019 passed
by the informant is being annexed herewith as
Annexure No. 3 to this affidavit.
That in pursuant to the order dated 23.04.2019, the

applicant went to the office of the Police Line,
Ghaziabad through his private vehicle No. UP 14 –
EC – 0393 and collected the requisite paper on
24.09.2019 near about 14.30 hours.
That after collection of the relevant papers, the

10.

applicant moved to Lucknow but prior to that he
went to his uncle’s house at Fetehabad, Agra.
Meanwhile the Smt. Laxmi Singh Chauhan Station
House Officer, Police Station – Station Link Road,
District – Ghaziabad (hereinafter referred to as
‘SHO’) called the applicant about 05.17 PM for
becoming the part and parcel of the raid, which has
to be conducted at Delhi in connection of the case
crime 176 of 2019 lodged under Section 409 of IPC
at Police Station – Station Link Road, District –
Ghaziabad. At that moment as the applicant was
moving to Lucknow he replied her that he is moving
to Lucknow in pursuant to the order passed by the
informant. The applicant further send his location
to the SHO on his WhatsApp number.
That the applicant was continuously moving with his

11.

private vehicle No. UP 14 – EC – 0393 on 24.09.2019
and crossed Yamuna Expressway on 24.09.2019 at
06.17.53PM. The photocopy of the toll plaza reports
of the vehicle No. UP 14 – EC – 0393 is being

annexed herewith as Annexure No. 4 to this
affidavit.
That the near about 06.51.15 AM on 25.09.2019

12.

reached to the nearby Lucknow to appear before the
Hon'ble Information Commission. The applicant has
exit the Agra Expressway with his private vehicle
No. UP 14 – EC – 0393 with benefit of exemption of
toll tax being police officer. The photocopy of the
toll receipt dated 25.09.2019 along with the
photograph of the vehicle is being annexed herewith
as Annexure No. 5 to this affidavit.
That the applicant has appeared before the Hon'ble

13.

Information Commission in Appeal No.
S-10-825/A/2018 (Hazi Arif Vs First Appellate
Officer, SSP, Ghaziabad) and submitted the
compliance report dated 24.09.2019 before the
Hon'ble Commission on 25.09.2019 and put his
signature on the order sheet of the Hon'ble
Commission on behalf of the First Appellate
Officer. The photocopy of the compliance order
dated 24.09.2019 and the order sheet dated
25.09.2019 containing the signature of the
applicant is being annexed herewith as Annexure No.
6 to this affidavit.
That here it relevant to mention that the applicant

14.

was not present at Police Station – Station Link
Road, District – Ghaziabad since 24.09.2019 about
14.00 hours and the said fact is also well known by
the SHO as she herself directed the applicant to
appear before the Hon'ble Information Commission,
Lucknow but the applicant has been falsely

implicated in the case crime.
That despite knowing that the applicant is not at

15.

Police Station – Station Link Road, District –
Ghaziabad but vide perusal of the contents of
serial No. 2 of CD-35 dated 25.09.2019, it is
mentioned that the vide GD entry No. 10 dated
24.09.2019, the applicant along with other police
personnel exit on 19.03 hours vide Rapat No. 32
dated 24.09.2019 and returned on 20.00 hours and
later on vide Rapat No. 39 dated 24.09.2019 at
21.05 again exit with the SHO and others for raid
in connection with the case crime 176 of 2019
lodged under Section 409 of IPC at Police Station –
Station Link Road, District – Ghaziabad.
That thereafter the raid has been conducted by the

16.

SHO and other team members at Delhi, in which the
applicant was not member of the said raid team and
recovered the amount of & 14,81,500/- from arrested
accused of the of the case crime 176 of 2019 and
recovery memo have been prepared. The photocopy of
the recovery memo dated 25.09.2019 relating to the
amount 14,81,500/- is being annexed herewith as
Annexure No. 7 to this affidavit.
That on bare perusal of the recovery memo it is

17.

very clear that on one recovery memo the signature
of the applicant has been contained while another
has not. Here it is relevant to mention that the
applicant was not present at time of raid but his
signature has been made by the raiding team members
for their good faith.

That according the recovery memo dated 25.09.2019,

18.

the applicant and a constable have been sent to the
concerned police station along with the alleged
money, while at that time the applicant was moving
to Lucknow.
That thereafter vide G.D. No. 4 at 03.04 hours

19.

dated 25.09.2019 mentioned the returning of the
applicant along with constable have been entered at
03.04 hours on 25.09.2019 along with the arrested
accused and recovered money from them.
That thereafter another raid has been conducted by

20.

the SHO and other raid team at Delhi, in which from
arrested accused of the of the case crime 176 of
2019 Rs. 31,00,000/- has been recovered. The
photocopy of the recovery memo relating to amount
Rs. 31,00,000/- is being annexed herewith as
Annexure No. 8 to this affidavit.
That thereafter vide G.D. No. 6 dated 25.09.2019 at

21.

04.27 hours mentioned the returning of the SHO
along with raiding team has been returned along
with the arrested accused and recovered money from
them.
That thereafter the informant has informed by the

22.

SHO with regard to said raid and recovery of the
money and arrested accused then the informant came
at concerned Police Station and took statement of
the accused persons, who stated that they have
about 1.15-1.25 Crore rupees while the raid team
shown recovery of Rs. 45,81,500/-.

That the informant, when came to know that the

23.

recovery amount is lesser than actual amount and
about 70-80 lacs rupees is missing, then he
informed to his higher officers with said regard.
That the Senior Superintendent of Police, Ghaziabad

24.

directed the informant on 25.09.2019 to conduct an
inquiry with regard to raid conducted in case crime
176 of 2019 by the SHO and missing of Rs. 70-80
lacs.
That the informant has conducted the inquiry and

25.

concluded the same on very same day i.e. 25.09.2019
on the basis of the statements of the raid team,
accused statements and on basis of the documents
and found guilty for grabbing of the money.
That the informant in his report dated 25.09.2019

26.

without going to fact only on the basis of the GD
entries, named the applicant and stated that the
applicant is also involve in grabbing the money
while the applicant was in Lucknow in pursuant to
the order dated 23.09.2019, passed by the informant
himself.
That the SHO and other raid team have also not

27.

informed to the informant that the applicant was
not the part and parcel of the raid conducted in
connection with the case crime No. 176 of 2019.
That on inquiry report dated 25.09.2019, the Senior

28.

Superintendent of Police, Ghaziabad directed
investigating officer lodged the first information
report, in pursuant to same, the first information

report dated 25.09.2019 lodged against the
applicant and others.
That it was very surprising that the SHO as well as

29.

the informant well known that the applicant was on
way of Lucknow to appear before Hon'ble Information
Commission but only on basis of the wrong entry in
the G.D., the first information report lodged
against the applicant.
That the father of the applicant, met with the

30.

informant and stated abovementioned facts and
produced the records to show that the applicant was
at Lucknow and appear before Hon'ble Information
Commission and requested to them consider the same
and submit the final report in favour of the
applicant but nothing has been done by them.
That the father of the applicant moved a complaint

31.

over the Jansunwai portal bearing No.
40014619039336 on 12.11.2019 before the opposite
party No. 1 stating that the applicant is being
falsely implicated in the case crime and requested
to do needful but nothing has been done by him. The
photocopy of the complaint moved by the father of
the applicant on 12.11.2019 is being annexed
herewith as Annexure No. 9 to this affidavit.
That when nothing has been done, then again the

32.

father of the applicant moved a complaint over the
Jansunwai portal bearing No. 40014619043126 on
18.12.2019 before the state authority mentioned all
above noted facts and requested to do needful. The
photocopy of the complaint moved by the father of

the applicant on 18.12.2019 is being annexed
herewith as Annexure No. 10 to this affidavit.
That meanwhile against the applicant and other

33.

accused, the Non-Bailable Warrant has been issued
on 19.10.2019 and proceeding of Section 82 of
Cr.P.C. has been initiated on 08.11.2019.
That investigating officer, despite knowing

34.

everything mentioned hereinabove, submitted the
charge sheet against the applicant along with other
accused on 01.01.2020 bearing No. 01 of 2020 under
Sections 409 of I.P.C. and 7/13 The Anti Corruption
(Prevention) Act, 1988, in very illegal and
malafide manner.
That the court concerned against the applicant &

35.

other accused takes cognizance and passed the
impugned summoning order dated 06.01.2020.
That it is also relevant to mention here that no

36.

case is made out against the applicant as alleged
in the first information report and applicant has
never committed any offence as alleged.
That nothing has been recovered from the

37.

applicant’s possession with regard to impugned
first information report lodged by the informant.
That in view of the abovementioned averments, it is

38.

clear that the Sections 409 of I.P.C. and 7/13 The
Anti Corruption (Prevention) Act, 1988 have not
attracted upon the applicant.

That it is also relevant to mention here that no

39.

case is made out against the applicant as alleged
in the said application and applicant has never
committed any offence as alleged.
That the applicant has surrendered before the

40.

competent court on 24.08.2020 and thereafter he has
been send to the jail on very same day.
That the applicant in jail since 24.08.2020 without

41.

committing any offense as alleged against the
applicant.
That the co-accused including the SHO of the case

42.

crime has been released on bail by this Hon'ble
High Court passed in various dates, while the
applicant is still in jail without committing any
offense as alleged against him. The photocopies of
the order passed by this Hon'ble High Court are
being annexed as Annexure No. 11 to this
application.
That the applicant moved bail application bearing

43.

No. 2863 of 2020 before Special Judge, Special
Court No. 2, (Corruption Prevention Act), Meerut
and his bail application has been rejected by the
court concerned on 08.09.2020. The free certified
copy of the order dated 08.09.2020 passed by court
concerned is being annexed as Annexure No. 12 to
this application.
That there is no chance of the applicant absconding

44.

or tempering with the prosecution witnesses.

That the applicant is ready to furnished the

45.

security and bond and also undertake that he will
be never misused liberty of bail.
That the applicant has no criminal history except

46.

the aforesaid false case and not likely to hope in
future to commit any offence.
That in view of the above, it would be expedient

47.

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

Lucknow
Date: .2020 Deponent

VERIFICATION

I, the deponent, do hereby verify that the
contents of para of the accompanying
petition 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: .2020 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 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. 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.

OATH COMMISSIONER

Code :
Group : Bail
District :Ghziabad

IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD
Criminal Misc. Bail Application No. of 2020

District – Ghaziabad

Navin Kumar Pachauri ......Applicant

(In jail since 24.08.2020)

Versus

State of Uttar Pradesh .....Opposite Party

INDEX

Sr. No

Particulars Page No.

Application for exemption of filing
affidavit with bail application

1st Bail application for bail

Affidavit in support of application

Annexure No. 1

The photo/typed copy of the first
information report lodged by the
informant on 25.09.2019
Annexure No. 2

The typed copy of the statement of
the informant dated 25.09.2019
Annexure No. 3

The photocopy of the order dated
23.09.2019 passed by the informant
Annexure No. 4

The photocopy of the toll plaza
reports of the vehicle No. UP 14 –
EC – 0393
Annexure No. 5

The photocopy of the toll receipt
dated 25.09.2019 along with the
photograph of the vehicle
Annexure No. 6

The photocopy of the compliance
order dated 24.09.2019 and the
order sheet dated 25.09.2019
containing the signature of the
applicant
Annexure No. 7

10.

The photocopy of the recovery memo
dated 25.09.2019 relating to the
amount 14,81,500/-
Annexure No. 8

11.

The photocopy of the recovery memo
relating to amount Rs. 31,00,000/-
Annexure No. 9

12.

The photocopy of the complaint
moved by the father of the
applicant on 12.11.2019
Annexure No. 10

13.

The photocopies of the order passed
by this Hon'ble High Court
Annexure No. 11

14.

The free certified copy of the
order dated 08.09.2020 passed by
court concerned
Annexure No. 12

15.

The photocopy of the complaint
moved by the father of the
applicant on 12.11.2019
ID proof of the deponent

16.

Memo

17.

(Pradeep Kumar Singh ‘Bisen’)

Advocate

( )

Advocate

Date: .2020 Counsels for the Applicant

Mobile No. 9415288732

IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD

C. M. Application No. of 2020

In Re

Criminal Misc. Bail Application No. of 2020

District – Ghaziabad

Navin Kumar Pachauri ......Applicant

(In jail since 24.08.2020)

Versus

State of Uttar Pradesh .....Opposite Party

APPLICATION FOR THE EXEMPTION OF FILING AN AFFIDAVIT

WITH BAIL APPLICATION

The applicant most respectfully begs to submit

as under: -

That the humble applicant stated that the requirement of

filing an Affidavit along with the Application(s) may
further be dispensed with in view of the Guidelines
provided by the order of the Hon’ble High Court dated
14.04.2020 as well as 21.08.2020 as the deponent is
unable to swear affidavit during this lockdown as due
to Covid-19 as the deponent is aged about 63 years
and as per guidelines issued by the Ministry of
Health, Government of India as well state government
to stay home to protect himself from the infection of
the Covid-19 in this age.

That in view of the guidelines of the High Court dated

21.08.2020 the details of the deponent of the
affidavit as under:

Aadhar No. - 327753520748
Card holder name - Prem Dutt Pachauri
Father’s name - Shri Shiv Charan Lal
Date of Birth - 01.01.1956
Address - Village – Chachipura

Khander, Police
Station – Fatehabad,
District - Agra

Mobile No. - 9897504477
(Link with adhar No.) -

That the deponent further declared that the deponent is

the father/parirokar of the applicant and duly
authorized by application for swearing the affidavit
and do hereby solemnly affirm that the averments made
hereinabove true and correct.

That the deponent further declared that after lifting the

lockdown, he will be filed hard copy of the proper
affidavit within one month.

(Pradeep Kumar Singh ‘Bisen’)

Advocate

( )

Advocate

Date: .2020 Counsels for the Applicant

Mobile No. 9415288732