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Prompt:
Generate a Bail Application involving the following key legal details:
- CASE: Crime No. 125 of 2021
- DISTRICT: Not available
- BAIL APPLICATION: Not available
---
Output:
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW BENCH, LUCKNOW
Crl. Misc. Anticipatory Bail No. Of 2021
Pawan Singh
…..Applicant
Versus
State of Uttar Pradesh ....Opposite Party
INDEX
Sr.No
Particulars Page No.
Application for anticipatory bail
under section 438 Cr.P.C.
1.
Affidavit in support of application
2.
Annexure No. 1
3.
The photocopy of the order dated
24.06.2021 passed by this Session
Judge, Pratapgarh
Annexure No. 2
4.
The photo/typed copy of the FIR dated
05.04.2021
Annexure No. 3
5.
The photocopy of the order dated
30.06.2021 passed by this Hon'ble
High Court
Annexure No. 4
6.
The photocopies of the bail orders
passed by the learned court below in
favour the applicant
ID proof of the deponent
7.
Power
8.
Lucknow (Pradeep Kumar Singh “Bisen”)
Advocate
Dated : .08.2021 Counsel for the applicant
Mobile No. 9415288732
AoR No. B/P0262
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW BENCH, LUCKNOW
Crl. Misc. Anticipatory Bail No. Of 2021
Pawan singh aged about 54 years son of Shri Ajay Raj
Singh resident of Village – Sakardaha, Police Station –
Baghrai, District – Pratapgarh
....Applicant
Versus
State of Uttar Pradesh .....Opposite Party
Case Crime No. 125 of 2021
U/s 420, 467, 468, 471, 272, 273 of I.P.C.
U/s 60, 60A, 63 of U.P. Excise Act, 1910
Police Station – Kunda
District – Pratapgarh
Anticipatory Bail Application
No. 1240 of 2021 has been rejected by
Sessions Judge, Pratapgarh on 24.06.2021
APPLICATION FOR ANTICIPATORY BAIL
UNDER SECTION 438 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
anticipatory bail to the applicant in connection with
Case Crime No. 125 of 2021 under Sections 420, 467,
468, 471, 272, 273 of I.P.C. and 60, 60A, 63 of U.P.
Excise Act, 1910 at Police Station – Kunda, District –
Pratapgarh, in the interest of Justice.
Lucknow (Pradeep Kumar Singh “Bisen”)
Advocate
Dated : .08.2021 Counsel for the applicant
Case Crime No. 125 of 2021
U/s 420, 467, 468, 471, 272, 273 of I.P.C.
U/s 60, 60A, 63 of U.P. Excise Act, 1910
Police Station – Kunda
District – Pratapgarh
Anticipatory Bail Application
No. 1240 of 2021 has been rejected by
Sessions Judge, Pratapgarh on 24.06.2021
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW BENCH, LUCKNOW
Crl. Misc. Anticipatory Bail No. Of 2021
Pawan Singh …..Applicant
Versus
State of Uttar Pradesh ....Opposite Party
AFFIDAVIT
(In support of anticipatory bail application)
I, Raj Pratap Singh alias Shekhar Singh aged about 33
years son of Shri Pawan Singh resident of Village –
Sakardaha, Police Station – Baghrai, District –
Pratapgarh, Religion – Hindu, Occupation – ?Business,
Education – Literate, do hereby solemnly affirm and
states on oath as under :-
That the deponent is the son of the applicant and
1.
duly authorized by him for swearing this affidavit
on his behalf and as such he is fully conversant
with the facts of the case, deposed to hereunder.
The photo verification slip issued by the Awadh
Bar Association, Lucknow of the deponent is
affixed on the affidavit and his ID proof is
enclosed with the affidavit.
That the concerned police is intended to arrest to
2.
the applicant with connection to the First
Information Report dated 05.04.2021 lodged by the
informant namely Shri Devendra Pratap Singh,
Station House Officer, Police Station - Kunda,
District – Pratapgarh, against the applicant and
14 other persons as Case Crime No. 125 of 2021
under Sections 420, 467, 468, 471, 272, 273 of
I.P.C. and 60, 60A, 63 of U.P. Excise Act, 1910 at
Police Station – Kunda, District – Pratapgarh.
That the applicant, further declared that the
3.
first information report lodged by the informant
under Sections 420, 467, 468, 471, 272, 273 of
I.P.C. and 60, 60A, 63 of U.P. Excise Act, 1910
which is not fallen under Section 438(6) of
Cr.P.C..
That this is the First anticipatory bail
4.
application before this Hon'ble Court, which is
being filed under Section 438 of Cr.P.C., before
this Hon'ble High Court and no any other
anticipatory bail is being before this Hon'ble
High Court or at Allahabad or before any other
High Court in India, pertaining to the same
subject matter.
That the applicant has moved anticipatory bail
5.
application bearing No. 1245 of 2021 filed before
the Session Judge, Pratapgarh by the applicant has
been rejected vide order dated 24.06.2021 passed
by the court concerned. No other any anticipatory
bail application pending before this Hon'ble High
Court or rejected by this Hon'ble High Court. The
certified copy of the order dated 24.06.2021
passed by this Session Judge, Pratapgarh is being
annexed herewith as Annexure No. 01 to this
application.
That the first information report dated 05.04.2021
6.
has been lodged by the informant against the
applicant and 14 other persons as Case Crime No.
125 of 2021 under Sections 420, 467, 468, 471,
272, 273 of I.P.C. and 60, 60A, 63 of U.P. Excise
Act, 1910 at Police Station – Kunda, District –
Pratapgarh. The photo/typed copy of the FIR dated
05.04.2021 is being annexed herewith as Annexure
No. 02 to this affidavit.
That the case of prosecution in a nutshell as that
7.
the informant and his team on patrolling of area
on 05.04.2021 and that time the informant got
information from his informer (eq[kfcj) in regard
of huge adulterated liquor stored in shop situated
between Babuganj Highway and railway line.
That the raid has been conducted by the informant
8.
alongwith his team on 05.04.2021 at alleged place
of occurrence and seized lot of adulterated liquor
and no anyone arrested by the concerned police at
the time raid.
That the name of the applicant was not told by the
9.
(eq[kfcj)
informer of the informant during the
raid while several names of the accused have been
mentioned by him, where he was present and on
basis which the applicant is named in the first
information report.
That the name of the applicant is shown at serial
10.
No. 12 in the accused column in the first
information report dated 05.04.2021.
That here it relevant to mention that on perusal
11.
of the contents of the first information report it
is clear that there is no name mentioned but
suddenly during lodging the first information
report the name of the petitioner placed at serial
No. 12 of the accused column.
That the real fact of the incident is that the
12.
applicant is falsely implicated by the concerned
police for showing their good work and also for
extraneous reasons.
That there is no concerned with the said
13.
allegation regarding illegal adulterated liquor as
alleged by the informant against the applicant in
any manner.
That it is further relevant to mention that in
14.
year 2019 during the Lok Sabha election the
applicant opposed the present Member of Parliament
(i.e. ruling party) due to which he has enmity
with the applicant.
That the applicant was threatened by the present
15.
Member of Parliament to support his candidate
contesting for Zila Panchyat in local body
elections held in last few days ago otherwise he
would be suffer a lot but the applicant denied for
the same as he has follower of the other political
party, which is not ruling and contesting against
the present ruling party with its best.
That due to aforesaid reasons for building
16.
pressure upon the applicant the present Member of
Parliament is misusing the District
Administration/ authorities against the applicant,
his two sons, lodged the first information report.
That in result of the above, the informant falsely
17.
implicates the applicant, in the said crime for
ulterior motive, which is baseless and illegal.
That the informant falsely implicates the
18.
applicant, in the said crime, due to their own
personal/political reasons, behest the Member of
Parliament, which is baseless and illegal due to
ulterior motive.
That nothing has been recovered with regard to
19.
adulterated liquor from the applicant’ possession
and place in any manner by the informant.
That the applicant has no concerned with the
20.
recovered liquor from the alleged place by the
informant.
That it is relevant to mention here that neither
21.
any other evidence against the applicant nor there
is hope to found by the investigation officer as
nothing has been done by the applicant.
That the entire case has been made and based
22.
against the applicant only on information of the
police informer.
That the applicant is innocent and belongs
23.
respected family and the applicant has not
involved in any criminal activity ever.
That the first information report has been lodged
24.
by the Informant against the applicant on the
basis of wrong facts and the applicant believed
that the concerned police would be arrest the
applicant.
That in similar sections this Hon'ble High Court
25.
granted anticipatory bail to applicant of the
Anticipatory Bail No. 6607 of 2021 (Shalvendra
Pratap Singh Vs State of U.P. and another) vide
order dated 30.06.2021. The photocopy of the order
dated 30.06.2021 passed by this Hon'ble High Court
is being annexed herewith as Annexure No. 03 to
this application.
That apart from present case, against the
26.
applicant some other cases lodged, which are as
under:
Case Crime No. 89 of 2014 under Sections 323,
i.
504, 506, 171G of IPC and 3(1)10 of S.C. and
S.T. Act at Police Station – Baghrai, District
– Pratapgarh, in which the applicant has been
granted bail by the court concerned.
Case Crime No. 319 of 2016 under Sections 419,
ii.
420, 467, 468, 471, 272, 273 of IPC and 60/63
of Excise Act at Police Station – Baghrai,
District – Pratapgarh, in which the applicant
has been granted bail by the court concerned.
iii.Case Crime No. 03 of 2019 under Section 3(1) of
U.P. Gunda Act at Police Station – Baghrai,
District – Pratapgarh, in which the applicant
was externmed for 6 months from the District –
Pratapgarh.
Case Crime No. 124 of 2021 under Sections 272,
iv.
273, 420, 467, 468, 471, of IPC and 60, 60A,
63, 63A of Excise Ac and 103, 104 of The Trade
and Merchandise Marks Act, 1958 at Police
Station – Kunda, District – Pratapgarh, in
which the Anticipatory bail application of the
applicant is pending before the learned court
below.
The photocopies of the bail orders passed by the
learned court below in favour the applicant are
being annexed herewith as Annexure No. 04 to this
affidavit.
That if the applicant will arrested, the applicant
27.
will suffer irreparable loss and injury as the
applicant has not committed any offence.
That there is no chance of the applicant
28.
absconding or tempering with the prosecution
witnesses.
That the applicant is ready to furnished the
29.
security and bond and also undertake that he will
be never misused liberty of anticipatory bail.
That in view of the above, it would be expedient
30.
and necessary in the interest of justice that the
applicant be enlarged on anticipatory bail, during
pendency of case.
Lucknow
Date: .08.2021 Deponent
VERIFICATION
I, the deponent, do hereby verify that the
contents of para 1 to of this affidavit are
true to my personal knowledge. No part of its is false
and nothing material has been concealed. So, help me
“GOD”.
Lucknow
Date : .08.2021 Deponent
I, identify the deponent and 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 as
per identity shown by him.
Advocate
Solemnly affirmed before me on
at A.M./P.M. by the deponent, named above,
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.
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
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