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Prompt:
Generate a Bail Application involving the following key legal details:
- CASE: Crime No. 303 of 2022
- DISTRICT: Not available
- BAIL APPLICATION: Not available
---
Output:
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD,
LUCKNOW BENCH, LUCKNOW
Criminal Misc. Case No. (B) of 2023
Umesh Verma aged about 28 years son Shri Ram Awadh
Verma resident of Village - Karmajeetpur, Police
Station - Kandhai, District – Pratapgarh
.....Applicant
(In Jail from 15.07.2022)
Versus
State of Uttar Pradesh through Additional Chief
Secretary, Home, Civil Secretariat, Government of U.P.,
Lucknow
.....Opposite Party
Case Crime No. 303 of 2022
U/S 307, 504, 506, 120B of I.P.C.
Police Station - Kandhai
District – Pratapgarh
Bail application rejected by
Additional Session Judge, Court
No. 3, Pratapgarh, on 28.09.2022
FIRST APPLICATION FOR BAIL UNDER SECTION 439 OF 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 to Case Crime No. 303 of
2022 under Sections 307, 504, 506, 120B of IPC
registered at Police Station – Kandhai, District –
Pratapgarh, in the interest of Justice.
Lucknow (Pradeep Kumar Singh ‘Bisen’)
Advocate
Date: .2023 Counsel for the Applicant
Case Crime No. 303 of 2022
U/S 307, 504, 506, 120B of I.P.C.
Police Station - Kandhai
District – Pratapgarh
Bail application rejected
by Additional Session Judge,
Court No. 3, Pratapgarh, on 28.09.2022
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD,
LUCKNOW BENCH, LUCKNOW
Criminal Misc. Case No. (B) of 2023
Umesh Verma
...Applicant
(In Jail from 15.07.2022)
Versus
State of Uttar Pradesh ....Opposite Party
AFFIDAVIT
(In support of bail application)
I, Ram Awadh aged about 66 years son of Shri Budhu
resident of Village – Karmajitpur, Dileeppur, Police
Station – Kandhai, District – Pratapgarh, Religion –
Hindu, Education – Illiterate, Occupation –
Agriculture, do hereby solemnly affirm and state on
oath as under :-
That the deponent is the father/pairokar of the
1.
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.
That the deponent further declares that the
2.
contents of the affidavit have been explained in
Hindi by the counsel of the applicant to him as
such he conversant with the facts of the case.
That this is the first bail application before
3.
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
4.
13.07.2022, the informant Smt. Pooja Verma wife of
Manish Verma resident of Village - Karmajeetpur,
Police Station - Kandhai, District – Pratapgarh
(hereinafter referred to as ‘informant’) lodged a
first information report bearing Case Crime No.
303 of 2022 under Sections 307, 504, 506 of I.P.C.
at Police Station – Kandhai, District – Pratapgarh
against the brothers of the applicant and two
unknown persons with regard to attempt to murder
of the husband of the informant by firing upon him
with regarding to incident dated 12.07.2022. The
photo/typed copy of the first information report
dated 13.07.2022 is being annexed herewith as
Annexure No. 01 to this affidavit.
That the applicant is languishing in jail since
5.
15.07.2022 without committing any offense as
alleged by the informant.
That the prosecution of the informant is nutshell
6.
is that on 12.07.2022 around 19.30 hours, the
brother of the applicant called the husband of the
informant. Thereafter the informant heard a
gunfire then he heard that her husband has been
injured and the brothers of the applicant and two
unknown were involve in said incident.
That the applicant is not named in the first
7.
information report by the informant.
That the medical of the injured/informant was
8.
conducted initially at District Hospital,
Pratapgarh on 12.07.2022. According to the medical
report of the injured, he sustained two injuries
i. on nose and ii. on chest. The photo/typed copy
of the medical report dated 12.07.2022 of the
injured is being annexed herewith as Annexure No.
2 to this affidavit.
That the statement of the informant has been
9.
recorded under Section 161 of Cr.P.C. by the
concerned police on 13.07.2022, in which she
changed the version first information report and
named the applicant and stated that the applicant
gave a mobile to the informant and talking to her.
When the informant made a compliant her husband
then the applicant and his brothers gave life
threat to her husband and on 12.07.2022 they
attempted for murder. The typed copy of the
statement of the informant dated 13.07.2022 is
being annexed herewith as Annexure No. 3 to this
affidavit.
That the statement of the sister of the injured
10.
also recorded by the concerned police on
13.07.2022 under Section 161 of Cr.P.C., in which
she almost repeated the statement of the
informant. The typed copy of the sister of the
injured dated 13.07.2022 is being annexed herewith
as Annexure No. 4 to this affidavit.
That thereafter on 14.07.2022, the statement of
11.
the injured has been recorded under Section 161 of
Cr.P.C., in which he stated another motive and
stated that the applicant fired by revolver at his
forehead. The typed copy of the injured dated
14.07.2022 is being annexed herewith as Annexure
No. 5 to this affidavit.
That the version of the injured has not
12.
collaborated with the medical report as the
injured sustained injuries on his nose and chest.
If the applicant fired upon the injured at his
forehead via close range then it is not possible
that the injured sustained injuries on nose and
chest.
That there it is also relevant to mention that the
13.
as per prosecution, the applicant and his brothers
themselves brought the injured to the hospital. If
the applicant and his brothers have motive to
murder the injured then why he was brought to the
hospital by the applicant and his brother.
That the injured thereafter went to S. R. N.
14.
Hospital, Prayagraj 13.07.2022 for his treatment
without any advice or reference of the doctor
concerned and without getting treatment leave the
said hospital.
That again on 13.07.2022, the injured admitted
15.
himself in Parvati Hospital Pvt. Ltd., Prayagraj,
where he mentioned that he sustained the injuries
due to road accident and after treatment
discharged on 22.07.2022. The photo/typed copy of
the admission and discharge summary of the injured
issued by Parvati Hospital Pvt. Ltd., Prayagraj
being annexed herewith as Annexure No. 6 to this
affidavit.
That the applicant and his brothers have been
16.
arrested from the District Hospital, Pratapgarh on
13.07.2022 and for showing the good work, the
investigating officer shown the arresting of the
applicant and his brother from another place on
15.07.2022, in which shown the recovery of the
alleged fire arm from the applicant. The
photo/typed copy of the recovery cum arrest memo
dated 15.07.2022 is being annexed herewith as
Annexure No. 7 to this affidavit.
That the real fact of the case is that the
17.
applicant and injured are residing in same village
and having enmity due to village party bandi.
That on 12.07.2022, the injured was trying to
18.
remove the bullet from the katta at alleged place
of incident at that time katta blasted and the
injured sustained the injuries and then being
villager, the applicant his brother brought him to
hospital for the treatment of the injured.
That meanwhile the informant lodged the first
19.
information report next day i.e. on 13.07.2022
without knowing the fact of the case against the
brothers of the applicant.
That thereafter the applicant and his brothers
20.
have been arrested by the concerned police from
hospital and prepared forged recovery memo showing
the recovery of the alleged fire arm from the
applicant.
That it is also relevant to mention here that no
21.
case is made out against the applicant as alleged
in the said application and applicant has never
committed any offence as alleged.
That it is relevant to mention here that the
22.
applicant was falsely implicated by the informant
in said case crime with collusion of the concerned
police.
That the applicant has no concerned with said
23.
offence committed with the informant but the he
was falsely implicate in said case crime.
That there is no credible evidence on record,
24.
which could show that the applicant is guilty or
committed this crime in question and the evidence
available on record, itself shows that no prima
facie offence under Sections 307, 504, 506, 120B
of IPC registered, in the interest of Justice. is
made out against the applicant.
That neither any evidence was found against the
25.
applicant nor has any motive been assigned to the
applicant in the present case except general
allegations against the applicant.
That since the applicant has not committed any
26.
offence as alleged but he has been falsely
implicated and has no any involvement in the said
case as alleged in first information report.
That the applicant has been falsely implicated in
27.
another case apart from the above mentioned case,
which is as under:
Case Crime No. 306 of 2022 under Sections 323,
i.
504, 506, 325 of IPC at Police Station –
Kandhai, District – Pratapgarh, in which the
applicant has been granted the bail by the
court concerned on 05.12.2022. The photocopy of
the order dated 05.12.2022 passed by court
concerned is being annexed as Annexure No. 8 to
this affidavit.
That apart from above mentioned cases there is no
28.
criminal history against the applicant.
That the applicant moved bail application bearing
29.
No. 2851 of 2022 before Additional Session Judge,
Room No. 3, Pratapgarh, and his bail application
has been rejected by the court concerned on
28.09.2022. The free copy of the order dated
28.09.2022 misplaced by the deponent therefore
certified copy of the order is being annexed with
this affidavit. The certified copy of the order
dated 28.09.2022 passed by court concerned is
being annexed as Annexure No. 9 to this affidavit.
That the applicant in jail since 15.07.2022
30.
without committing any offence as alleged against
the applicant by the informant.
That there is no possibility of the applicant’s
31.
conviction because he has not committed the crime
in question as alleged by the informant.
That the applicant undertakes that he will not
32.
misuse the liberty of bail if so granted by this
Court.
That there is no chance of the applicant
33.
absconding or tempering with the prosecution
witnesses.
That the applicant is ready to furnished the
34.
security and bond and also undertake that he will
be never misused liberty of bail.
That in view of the above, it would be expedient
35.
and necessary in the interest of justice that the
applicant be enlarged on bail in connection to
Case Crime No. 303 of 2022 under Sections 307,
504, 506, 120B of IPC registered at Police Station
– Kandhai, District – Pratapgarh, in the interest
of Justice during pendency of case.
Lucknow
Date : .2023 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: .2023 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
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD,
LUCKNOW BENCH, LUCKNOW
Criminal Misc. Case No. (B)of 2023
Umesh Verma ...Applicant
(In Jail from 15.07.2022)
Versus
State of Uttar Pradesh ....Opposite Party
INDEX
Sr.No
Particulars Page No.
Application for bail under section
439 Cr.P.C.
1.
Affidavit in support of
2.
application
Annexure No. 1
3.
The photo/typed copy of the first
information report dated
13.07.2022
Annexure No. 2
4.
The photo/typed copy of the
medical report dated 12.07.2022 of
the injured
Annexure No. 3
5.
The typed copy of the statement of
the informant dated 13.07.2022
Annexure No. 4
6.
The typed copy of the sister of
the injured dated 13.07.2022
Annexure No. 5
7.
The typed copy of the injured
dated 14.07.2022
Annexure No. 6
8.
The photo/typed copy of the
admission and discharge summary of
the injured issued by Parvati
Hospital Pvt. Ltd., Prayagraj
Annexure No. 7
9.
The photo/typed copy of the
recovery cum arrest memo dated
15.07.2022
Annexure No. 8
10.
The photocopy of the order dated
05.12.2022 passed by court
concerned
Annexure No. 9
11.
The certified copy of the order
dated 28.09.2022 passed by court
ID proof of the deponent
12.
Memo
13.
Lucknow (Pradeep Kumar Singh ‘Bisen’)
Advocate
Date: .2023 Counsel for the Applicant
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