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SHASWATSINGH3101
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Case Crime No.: 79 of 2020
Under Section : 147, 302, 307,
308, 452, 323, 504, 506, 427, 325
of IPC
Police Station :Sangramgarh
District :Pratapgarh
First Bail Application No. 236 of
2022 has been rejected on
08.06.2022 by this Hon'ble High
Court.

SECOND 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. 79 of 2020 under
Sections 147, 302, 307, 308, 452, 323, 504, 506, 427,
325 of IPC related to the Police Station –
Sangramgarh, District – Pratapgarh during the
pendency of his trial, in the interest of justice.

Lucknow (Pradeep Kumar Singh ‘Bisen’)

Advocate

Date: .2022 Counsel for the Applicant
Note:

The first bail application filed by the applicant

bearing Crl. Misc. Case No. 236 (B) of 2022 (Manish
Singh Vs State of U.P.) has been rejected on 08.06.2022
by Hon’ble Justice Shri Rajeev Singh ‘J’.
Lucknow (Pradeep Kumar Singh ‘Bisen’)

Advocate

Date: .2022 Counsel for the Applicant

IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLHABAD

LUCKNOW BENCH: LUCKNOW

CRL. MISC. CASE NO. (B) OF 2022

Manish Singh ....Accused/Applicant

(In Jail since 26.05.2020)
Versus

State of U.P. ..........Opposite Party

AFFIDAVIT

(In support of first bail application)

I, Hari Narayan Singh aged about 62 years son

of Shri Sangam Singh resident of Village – Muraini,
Dhangarh, Kunda District – Pratapgarh, Religion –
Hindu, Qualification – Literate, Occupation – Former,
the deponent do hereby solemnly affirm and state on
oath as under :-

That the deponent is the father of the applicant

and doing pairvi of the aforesaid case and as
such he is fully conversant with the facts of the
case deposed herein under.
That the photograph of the deponent is being

pasted on the first page of this affidavit and
photocopy of ID proof of the deponent is being

annexed with this affidavit.
That this is the second bail application on

behalf of the applicant on new grounds before
this Hon'ble High Court. Earlier the first bail
application filed by the applicant bearing Crl.
Misc. Case No. 236 (B) of 2022 (Manish Singh Vs
State of U.P.) has been rejected on 08.06.2022 by
Hon’ble Justice Shri Rajeev Singh ‘J’. This is
the second bail application of the applicant
before the Hon'ble Court and no other bail
application is pending before in any court of law
on his behalf. The photocopy of the order dated
08.06.2022 passed by this Hon'ble High Court is
being annexed herewith as Annexure No. 1 to this
affidavit.
That the brief fact of the case for proper

adjudication is being before this Hon'ble Court.
That the first information report was logged by

the Smt. Shivraja Devi wife of Shri Radhey Shyam
resident of Village - Muraini, Police Station –
Sangramgarh, District – Pratapgarh (hereinafter
referred to as ‘informant’) on the 22.05.2020 at
18.15 hours against the applicant and 11 others
registered as Case Crime No. 79 of 2020 under
Sections 147, 308, 452, 323, 504, 506, 427 of IPC
relating to Police Station – Sangramgarh,
District – Pratapgarh. The photo/type copy of the
first information report dated 22.05.2020 is
being annexed herewith as Annexure No. 2 to this

affidavit.
That according to the First Information Report

lodged by the informant, the prosecution story is
in nutshell that on 22.05.2020 around 03.00 PM,
the applicant alongwith others including his
family members were trying to close the drainage
and on protest of the informant they have abused
her and beaten her and her family members with
lathi, danda and axe. The informant further
alleged that when entered the house of one Raj
Bahadur for saving her life then the applicant
and other accused also entered on said place and
beaten her and also broken the several items.
That the informant and other persons have injured

as stated by her but they have not approached to
the doctor for their treatment. The medical of
the injured conducted on 23.05.2020 and nothing
was serious. The photo/copies of the medical of
the informant and others are being annexed
herewith as Annexure No. 3 to this affidavit.
That the statement of the informant recorded by

the concerned police, in which she almost
repeated her first information report.
That on Raj Bahadur, who have allegedly beaten by

accused persons of the case crime has been died
and the post mortem was conducted on 24.05.2020
in which 6 injuries shown and the cause of death
ascertained as ‘anti-mortem head injuries’. The
photo/typed copy of the post mortem report dated

24.05.2020 is being annexed herewith as Annexure
No. 4 to this affidavit.
That as per that post mortem, the deceased died

10.

due to head injury and the prosecution is silent
on this point that who is author of said injury,
because general role has been assigned to all the
alleged accused persons including the applicant.
That the applicant is innocent and he has falsely

11.

been implicated by the informant and the said
first informant report just to save herself and
her family members from the consequences of
offences committed by them, regarding which a
criminal case has been registered by the wife of
the applicant, while no such incident has taken
place as alleged by the informant.
That the real fact of the case is that the

12.

applicant and informant are resident of same
village and having dispute regarding sahan, which
is going on between them since long back.
That 22.05.2020 around 15.00 hours, the uncle of

13.

the applicant namely Hari Prasad Singh, who is
also accused in the case crime, was cleaning his
Sahan land then the informant and her family
members tried to restrain him for doing so and
also abused him.
That the uncle of the applicant, when restrained

14.

the informant and her family member from abusing
then they assaulted upon him. On alarm of the

uncle, the applicant and his father reached to
the place of incident to save him then the
informant and others again assaulted and for
saving the life of his uncle, the applicant and
his father entered their house but the informant
and others not stopped and entered in the house
of the applicant.
That on alarm of the applicant, his father &

15.

uncle, several villagers reached at the place of
incident and pelted stone upon the informant and
others for rescuing the applicant and his family
members and after sustaining the injuries from
the stone pelting of the villagers, the informant
and others has run away from the place of
incident.
That due to assault of the informant and her

16.

family members, the applicant and his family
members has received grievous injuries.
That after the assault of the informant upon the

17.

applicant’s family, they approached to concerned
police lodging the first information report
against the informant and others but due to
extraneous reasons, which was offered/received
from the informant, the first information report
has not lodged.
That when nothing was done by the concerned

18.

against the informant and others, while the first
information report has been lodged against the
applicant and others, an application under

Section 156(3) of Cr.P.C. moved by the wife of
the applicant before court concerned.
That the aforesaid application of the applicant’s

19.

wife allowed and treated as complaint and in
which the informant and 12 others have been
summoned by the court concerned vide order dated
08.03.2022. The photocopy of the order dated
08.03.2022 passed by the court concerned is being
annexed herewith as Annexure No. 5 to this
affidavit.
That the applicant was sent to jail in connection

20.

of the said case crime and his bail applications
have been rejected from court below and
thereafter the applicant has moved bail before
this Hon'ble High Court on 05.01.2022 and was
pending before this Hon'ble High Court.
That the informant for the malicious reasons, on

21.

his behest one Amarjeet Patel, who is allegedly
injured of the case crime, lodged a first
information report against the applicant and
another on 21.05.2022 bearing Case Crime No. 434
of 2022 under Sections 506 of IPC registered at
Police Station – Kotwali City, District –
Pratapgarh stating therein that the applicant has
given life threat to her in court premises. The
photocopy of the first information report dated
21.05.2022 lodged by Amarjeet Patel is being
annexed herewith as Annexure No. 6 to this
affidavit.

That the informant succeeded in her aim and in

22.

result of same on 08.06.2022, this Hon'ble High
Court, rejected bail application of the applicant
in view of the first information report lodged by
Amarjeet Patel and issued direction to the trial
court to conclude the trial within a period of
six months.
That the Case Crime No. 434 of 2022 registered on

23.

21.05.2022 and till date no police report filed
before the court concerned and investigation is
still going on. The photo/typed copy of the
questioner dated 21.09.2022 is being annexed
herewith as Annexure No. 7 to this affidavit.
That according to the prosecution story it

24.

clearly reveals that story of the prosecution is
based on only false, incorrect facts and grounds
and also concerned police avoiding the truth of
case and there is no an evidence against the
applicant/accused.
That apart from above mentioned, in which the

25.

second bail application is being moving by the
applicant, two other false and wrong cases have
been lodged against the applicant and in counter
affidavit filed by the state in earlier bail,
showing the 5 cases including the present case
crime. The photocopy of the criminal history as
given by the state in counter affidavit of Crl.
Misc. Case No. 236 of 2022 is being annexed
herewith as Annexure No. 8 to this affidavit.

That the case mentioned in the criminal history

26.

chart, in first case has been closed by the
Juvenile Justice Board, Pratapgarh. S. No. 2 & 3
are proceeding of 110G of Cr.P.C., 4th is present
and in 5th case (under Gangster Act), the bail
application has not moved on behalf of the
applicant. The photocopy of the order dated
14.12.2021 passed by the Juvenile Justice Board,
Pratapgarh is annexed herewith as Annexure No. 9
to this affidavit.
That there is total 23 witnesses of the trial,

27.

which is going on before the trial and till date
only five witnesses, in which four are witnesses
of fact, have been examined and there is no hope
to conclude the trial within 6 months as directed
by this Hon'ble High Court vide order dated
08.06.2022.
That the applicant had applied for bail before

28.

the Sessions Judge, Pratapgarh bearing Bail
Application No. 150 of 2021 but the same has been
rejected on insufficient grounds vide order dated
22.01.2021. The photo copy of bail rejection
order dated 22.01.2021 passed by the learned
court is annexed herewith as Annexure No. 10 to
this affidavit.
That since the applicant has not committed any

29.

offence as alleged but he has been falsely
implicated in the case by the informant and their
family members in malafide intention.

That there is no possibility of the applicant

30.

conviction because he has not committed the crime
in question, as alleged by the prosecution.
That there is no chance of applicant absconding

31.

or tampering with the prosecution witnesses and
they are willing to offer bail to the
satisfaction of this Hon’ble Court.
That the applicant is in Jail since 26.05.2020

32.

without committing any offence.
That the applicant will cooperate with the trial

33.

and will not tamper the prosecution witnesses.
That the applicant undertakes that they will not

34.

misuse the liberty of bail if so granted by this
Hon’ble Court.
That the applicant is ready and willing to file

35.

adequate surety as the Hon’ble Court may deems
fit and proper in the circumstances of the case.
That in view of the above, it would be expedient

36.

and necessary in the interest of justice that the
applicant be enlarged on bail Case Crime No. 79
of 2020 under Sections 147, 302, 307, 308, 452,
323, 504, 506, 427, 325 of IPC related to the
Police Station – Sangramgarh, District –
Pratapgarh, during pendency of case.

Lucknow
Date : .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 : .2022 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 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 she understands the contents of this
affidavit which have been read over and explained by
me to her.

OATH COMMISSIONER

Code: 401 508
GROUP : Bail
DISTRICT: Pratapgarh

IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLHABAD

LUCKNOW BENCH: LUCKNOW

CRL. MISC. CASE NO. (B) OF 2022

Manish Singh ....Accused/Applicant

(In Jail since 26.05.2020)
Versus

State of U.P. ..........Opposite Party

INDEX

Particulars Page

No.

Application for Bail (second) Separate

2 Affidavit in support of second bail

application

Annexure No. 1
The photocopy of the order dated
08.06.2022 passed by this Hon'ble
High Court

Annexure No. 2
The photo/type copy of the first
information report dated 22.05.2020

Annexure No. 3
The photo/copies of the medical of
the informant and others

Annexure No. 4
The photo/typed copy of the post
mortem report dated 24.05.2020

Annexure No. 5
The photocopy of the order dated
08.03.2022 passed by the court

concerned

Annexure No. 6
T The photocopy of the first
information report dated 21.05.2022
lodged by Amarjeet Patel

Annexure No. 7
The photo/typed copy of the
questioner dated 21.09.2022

Annexure No. 8
The photocopy of the criminal history
as given by the state in counter
affidavit of Crl. Misc. Case No. 236
of 2022

Annexure No. 9
The photocopy of the order dated
14.12.2021 passed by the Juvenile
Justice Board, Pratapgarh

Annexure No. 10
The photo copy of bail rejection
order dated 22.01.2021 passed by the
learned court

Photocopy of ID of the deponent

Memo

Lucknow (Pradeep Kumar Singh ‘Bisen’)

Advocate

Date: .2022 Counsel for the Applicant

Mobile No.: 9415288732