| Prompt: | |
| Generate a Bail Application involving the following key legal details: | |
| - CASE: Crime No. 192 of 2013 | |
| - BAIL APPLICATION: Bail Application No. 6834 of 2013 | |
| - DISTRICT: Not available | |
| --- | |
| Output: | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD, | |
| LUCKNOW BENCH, LUCKNOW | |
| Criminal Misc. Case No. (B) of 2015 | |
| Jitendra Bahadur Singh son of Vijay Pal Singh resident | |
| of Village – Peethapur, Police Station – Sangipur, | |
| District – Pratapgarh | |
| .....Applicant | |
| (In Jail since 25.05.2013) | |
| Versus | |
| State of U.P. .....Opposite Party | |
| Case Crime No. 192 of 2013 | |
| Under section 147, 148, 149, 302, 307/34 | |
| 323, 504, 506 I.P.C. And | |
| Section 7 of Criminal Law Amendment Act | |
| Police Station – Sangrampur | |
| District – Amethi | |
| IInd APPLICATION FOR BAIL U/s 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 the interest of Justice. | |
| Lucknow | |
| (Dr. Gyan Singh) (Kapil Misra) | |
| Advocate | |
| Dated: /04/2015 Counsels for the Applicant | |
| Note: That this is second bail application. First bail | |
| application No. 6834 of 2013 was rejected by Hon’ble | |
| Arvind Kumar Tripathi (II) “J” 04.04.2014. | |
| Lucknow | |
| (Dr. Gyan Singh) (Kapil Misra) | |
| Advocate | |
| Dated: /04/2015 Counsels for the Applicant | |
| Mobile No. 9452226667 | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD, | |
| LUCKNOW BENCH, LUCKNOW | |
| Criminal Misc. Case No. (B)of 2015 | |
| Jitendra Bahadur Singh | |
| .....Applicant | |
| (In Jail since 25.05.2013) | |
| Versus | |
| State of Uttar Pradesh .....Opposite Party | |
| AFFIDAVIT | |
| (In support of IInd bail application) | |
| I, Dinesh Kumar Singh aged about 52 years son of Late | |
| Vijay Pal Singh resident of 715/605, Sabji Mandi, | |
| Karnalganj, District - Allahabad, Religion – Hindu, | |
| Education – LL.B., Occupation – Advocacy and the | |
| photograph of the deponent is affixed on the affidavit | |
| and his ID proof is enclosed with the affidavit, do | |
| hereby solemnly affirm and state on oath as under :- | |
| That the deponent is the brother of the applicant | |
| 1. | |
| duly authorized by the applicant to file 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. | |
| That this is the second bail application, first | |
| 2. | |
| bail application No. 6834 of 2013 was rejected by | |
| Hon’ble Arvind Kumar Tripathi (II) “J” on | |
| 04.04.2014. | |
| That on 30.04.2013 about 06.30 Hours the informant | |
| 3. | |
| Shri Ram Mishra lodged a first information report | |
| against 05 persons including the applicant bearing | |
| Case Crime No. 192 of 2013 under Section section | |
| 147, 148, 149, 302, 307/34, 323, 504, 506 I.P.C. | |
| And Section 7 of Criminal Law Amendment Act in | |
| Police Station – Sangrampur, District – Amethi. The | |
| photo and typed copy of the first information | |
| report dated 30.04.2013 is annexed herewith as | |
| Annexure No. 1 to this affidavit. | |
| That brief fact of the alleged prosecution story is | |
| 4. | |
| that the alleged accused as mentioned in the first | |
| information report, the applicant and other accused | |
| persons of the above case crime, armed with the | |
| iron rod, Lathi & Danda came at the door of the | |
| informant, where the father of the informant | |
| sitting in courtyard, all the accused persons | |
| caught hold and dragged him up to the tree by | |
| assaulting mercilessly. The mother and brother-in- | |
| law of the informant namely Girija Shankar with the | |
| help of 108 brought to the injured at Community | |
| Health Centre, Amethi from where he was referred to | |
| Lucknow where he is being treated and there is | |
| least possibility of his survival. | |
| That the injured was hospitalized at Mayo Medical | |
| 5. | |
| Centre Pvt. Ltd., Gomti Nagar, Lucknow on | |
| 30.04.2013 at 12.30 PM and was expired on | |
| 19.05.2013 at 06.40 PM. The police of Gomti Nagar | |
| was informed for conducting the inquest through | |
| G.D. No. 44 at 07.20 PM. Photocopy of the letter | |
| dated 19.05.2013 is annexed herewith as Annexure | |
| No. 2 to this affidavit. | |
| That the inquest was conducted on 20.05.2013 at | |
| 6. | |
| 09.05 PM at Mayo Medical Centre, Police Station – | |
| Gomti Nagar, Lucknow in presence of the informant | |
| and chance eye witness Girija Shankar as per | |
| information, death occurred due to sustaining the | |
| grievous injuries during mar-peet. Photocopy of the | |
| inquest report is being filed herewith annexed | |
| herewith as Annexure No. 3 to this affidavit. | |
| That the doctor conducted the autopsy on the body | |
| 7. | |
| of the deceased on 20.05.2013 at 3.30 PM The death | |
| is due to coma as result of anti-mortem head | |
| injury. The doctor has noted four injuries on the | |
| person of deceased, first is on the right side | |
| heads 3cm above the right ear, second injury is on | |
| the frond of right forearm 7.00 cm above right | |
| wrist joint, third injury is stated on the left | |
| forearm 9 cm above left wrist join, fourth injury | |
| is on right ankle joint. Photocopy of the autopsy | |
| report is being annexed herewith annexed herewith | |
| as Annexure No. 4 to this affidavit. | |
| That it is admitted that the informant is not eye | |
| 8. | |
| witness of the occurrence. His statement under sec. | |
| 161 Cr.P.C. was recorded on 01.05.2013 and stated | |
| therein he was remained in private service at Delhi | |
| after hearing the news he came at the village. The | |
| statement of Girija Shankar Pandey resident of | |
| Padari, Gauriganj, District – Amethi stated therein | |
| the deceased was dragged by the applicant and | |
| others and was allegedly assaulted by Lathi, danda | |
| and iron rod. | |
| That thereafter the investigating officer recorded | |
| 9. | |
| the statement of Smt. Rajpati wife of deceased who | |
| stated in her statement that the applicant and co- | |
| accused Jitndra Singh have assaulted with Iron rod | |
| and Satyam and Ram Pratap assaulted by lathi and | |
| danda. The co-accused Sheetla Prasad caught hold of | |
| the deceased in Osara and dragged him at the place | |
| of occurrence. Type copies of the statements of the | |
| witnesses are being annexed herewith collectively | |
| as Annexure No. 5 to this affidavit. | |
| That in the meantime the injured/deceased was being | |
| 10. | |
| treated in Mayo Hospital, Gomti Nagar, Lucknow and | |
| took his last breath on 19.05.2013. The case | |
| summary was prepared by Doctor Siddharth Singh who | |
| is hospital administrator. The Neurosurgeon doctor | |
| Tarun Pandey has opined that the patient was | |
| referred for the head injury but there is no | |
| evidence of head injury. C.T. brain is normal. The | |
| group of doctors six in numbers have expressed | |
| their opinion that the patient progressed well in | |
| post-operative period. The patient shifted to room | |
| on 07.05.2013 developed breathlessness | |
| (Penumonitis) on 08.05.2013 and was again shifted | |
| to I.C.U. expired on 19.05.2013. Dr. S. S. Gupta | |
| (M.D.) Chest was looking after the patient for | |
| respiratory problem. He was Tracheotomised by anti- | |
| surgeon and was seen by me on 14.05.2013. The | |
| patient was also looked after by the plastic | |
| surgeon. The report of doctor who conducted post | |
| mortem is contrary with the report of the doctor | |
| who treated the patient from 01.05.2013 to | |
| 19.05.2013. Photo copy of the of the case summary | |
| given by the doctor Siddharth Singh Hospital in | |
| Administration dated 01.05.2013 is being herewith | |
| as Annexure No. 6 to this affidavit. | |
| That according to the report given by the doctor | |
| 11. | |
| Tarun Pandey (M.S., M.C.H., Neurosurgen) deceased | |
| was referred to him but no evidence of head injury | |
| was found in the C.T. Scan report. | |
| That this fact has deliberately been concealed by | |
| 12. | |
| the investigating officer of this case with some | |
| oblique motive and for this reason he has not taken | |
| the C.T. Scan plates on the record of the | |
| investigation of the case. | |
| That investigating officer took up investigation on | |
| 13. | |
| 23.06.2013 again recorded the statement of the | |
| informant Shri Ram Mishra. He has stated that there | |
| was dispute of land, the accused persons armed with | |
| lathi, danda, iron rod surrounded his father. This | |
| incident was being witnesed by his brother-in-law | |
| and mother inside the house from the gap of the | |
| gates. The similar statement of Shri Rajpati and | |
| Girija Shankar Pandey without slight change. The | |
| investigating officer again recorded statement just | |
| to twist the story after seeing the post mortem. | |
| The investigating officer recorded the statement of | |
| 14. | |
| doctor Unday Pratap Singh on 23.07.2013 who has | |
| stated that he was posted at C.H.C., Amethi and on | |
| 30.04.2013 at 9.00 AM examined injured Ram Akbal | |
| who was brought by 108 mobile vehicle, a that | |
| moment Naib Tahsildar Ajeet Singh also came there | |
| and recorded the dying declaration. It is to be | |
| noted that doctor Uday Pratap Singh has not given | |
| fitness certificate and he is referring that the | |
| condition of the patient was serious, the general | |
| conditions of the patient was very poor as | |
| mentioned in the injury report, in such | |
| circumstances, it is evident that the injured was | |
| not in position to make his statement. The dying | |
| declaration was manipulated and concocted under the | |
| political influence. Photo copy of the statement of | |
| Dr. Uday Pratap Singh is being filed herewith as | |
| Annexure No. 7 to this affidavit. | |
| That the investigation officer has made recovery | |
| 15. | |
| of two pieces of brick and one piece of blood | |
| stained wooden danda, on 02.05.2013. Photo copy of | |
| the recovery memo is being herewith as Annexure No. | |
| 8 to this affidavit. | |
| That the informant is not an eyewitness Girija | |
| 16. | |
| Shankar Pandey is the chance witness and brother- | |
| in-law of the informant is highly unreliable and a | |
| chance witness. The statement of informant is to | |
| the effect that the incident was seen in side of | |
| the house is also belies the prosecution case. | |
| That the dying declaration is alleged to be | |
| 17. | |
| concocted and manipulated. In the first information | |
| report weapon was lathi, danda and iron rod while | |
| in dying declaration gadansa, lathi and danda, | |
| bricks and the numbers of the accused were not | |
| specified. There was no injury report of gadansa | |
| and the same was not mentioned in first information | |
| report. In the first information report fire arm | |
| was alleged to be used was katta, while in dying | |
| declaration rifle has been attributed. In dying | |
| declaration the name of Sheetal has not been | |
| mentioned. The name of Ram Bahadur’s sons are not | |
| mentioned in first information report. The dying | |
| declaration is not in question answer form. Type | |
| copy of dying declaration is being herewith as | |
| Annexure No. 9 to this affidavit. | |
| That the alleged dying declaration was recorded by | |
| 18. | |
| the Tasildar on 30.04.2013 at C.H.C., Amethi when | |
| the deceased was not in the position to give any | |
| statement. | |
| That the eye-witness Girija Shankar Pandey of the | |
| 19. | |
| case, during trial in his crass examination dated | |
| 07.04.2015 stated that the applicant was not | |
| present at the incident place and also stated he | |
| had not beaten the deceased and as alleged in the | |
| first information report. Photo and type of the | |
| cross examination of the eye-witness Girija Shankar | |
| Pandey dated 07.04.2015 is being herewith as | |
| Annexure No. 10 to this affidavit. | |
| That the applicant and other co-accused persons | |
| 20. | |
| have been falsely implicated only on the ground of | |
| suspicion as in the murder of his father Samsher | |
| Singh, deceased Ram Akbal was an accused along with | |
| others and was convicted under section 302 I.P.C. | |
| on 09.11.2000 in S.T. No. 141 of 1998 (State Versus | |
| Ram Akbal and others). The deceased filed an appeal | |
| being appeal No. 1048 of 2000 and he was on bail. | |
| The deceased Shamsher Singh was renowned advocate | |
| of District – Pratapgarh. | |
| That an absurd story has been cooked up by the | |
| 21. | |
| prosecution that the person is having the rifle and | |
| tamancha will not use lathi, danda and iron rod. | |
| The first information report resembling with the | |
| autopsy report. The first information report is | |
| contradictory with the dying declaration. The | |
| statements recorded under section 161 Cr.P.C. is | |
| also not corroborating with each other. | |
| That following cases are registered against the | |
| 22. | |
| applicant:- | |
| Case crime No. 130 of 1984 under Section 393, 506 | |
| 1. | |
| I.P.C., Police Station – Sangipur, District – | |
| Pratapgarh, the applicant is acquitted in this | |
| case. | |
| Case Crime No. 73 of 1985 under section 436 | |
| 2. | |
| I.P.C., Police Station – Sangipur, District – | |
| Pratapgarh, the applicant is acquitted in this | |
| case. | |
| Case Crime No. 177 of 1988, under section 147, | |
| 3. | |
| 148, 307, 504, 506 I.P.C., Police Station – | |
| Sangipur, District – Pratapgarh, in this case | |
| final report submitted by the police. | |
| Case Crime No. 183 of 1992, under sections 4/10 | |
| 4. | |
| Forest Act, Police Station – Sangipur, District – | |
| Pratapgarh, the applicant is acquitted in this | |
| case. | |
| Case Crime No. 37 of 1991 under section 323, 504, | |
| 5. | |
| 506 I.P.C., Police Station – Sangipur, District – | |
| Pratapgarh, the applicant is acquitted in this | |
| case. | |
| Case Crime No. 224 of 1996 under section 352, 506 | |
| 6. | |
| I.P.C., Police Station – Sangipur, District – | |
| Pratapgarh, the applicant is acquitted in this | |
| case. | |
| Case Crime No. 159 of 1992 under section 323, 504 | |
| 7. | |
| I.P.C., Police Station – Sangipur, District – | |
| Pratapgarh, this case is lodged as N.C.R.. | |
| Case Crime No. 15 of 1993 under section 323, 504 | |
| 8. | |
| I.P.C., Police Station – Sangipur, District – | |
| Pratapgarh, this case is lodged as N.C.R.. | |
| Case Crime No. 2 of 1989 under section 307, 336, | |
| 9. | |
| 323, 504, 506 I.P.C., Police Station – Sangipur, | |
| District – Pratapgarh, in this case final report | |
| submitted by the police. | |
| Case Crime No. 216 of 1993, under section 323, | |
| 10. | |
| 504, 506 I.P.C., Police Station – Sangipur, | |
| District – Pratapgarh, the applicant is acquitted | |
| in this case. | |
| Case Crime No. 170 of 1993 under section 110G | |
| 11. | |
| Cr.P.C., Police Station – Sangipur, District – | |
| Pratapgarh, proceedings dropped. | |
| Case Crime No. 89 of 2004 under section 3(1), U.P. | |
| 12. | |
| Goonda Act, Police Station – Sangipur, District – | |
| Pratapgarh, the applicant is acquitted in this | |
| case. | |
| Case Crime No. 100 of 2007 under section 374 | |
| 13. | |
| I.P.C. and 4/16 Bonded Labour Act, Police Station | |
| – Sangipur, District – Pratapgarh, in this case | |
| the applicant is on bail and trial is pending. | |
| Case Crime No. 76 of 2008, under section 506 | |
| 14. | |
| I.P.C. Police Station – Sangipur, District – | |
| Pratapgarh, this case is lodged as N.C.R.. | |
| Case Crime No. 122 of 2007 under section 3(1), | |
| 15. | |
| U.P. Goonda Act, Police Station – Sangipur, | |
| District – Pratapgarh, the applicant is acquitted | |
| in this case. | |
| Case Crime No. 147 of 2008 under section 3(1), | |
| 16. | |
| U.P. Goonda Act, Police Station – Sangipur, | |
| District – Pratapgarh, the applicant is acquitted | |
| in this case. | |
| Case Crime No. 304 of 2008 under section 307, 504, | |
| 17. | |
| 506, I.P.C., Police Station – Sangipur, District – | |
| Pratapgarh, in this case arrest stay has been | |
| granted by this Hon'ble Court, no charge sheet | |
| filed till date. | |
| Case Crime No. 122 of 2008 under section 147, 148, | |
| 18. | |
| 323, 435, 506 I.P.C., Police Station – Sangipur, | |
| District – Pratapgarh, in this case the applicant | |
| is on bail and trial is pending. Moreover in this | |
| case mother of the applicant lodged the cross case | |
| against the complainants. | |
| Case Crime No. 100 of 2010, under section 110G | |
| 19. | |
| Cr.P.C., Police Station – Sangipur, District – | |
| Pratapgarh, proceedings dropped. | |
| Case Crime No. 140 of 2008, under section 110G | |
| 20. | |
| Cr.P.C., Police Station – Sangipur, District – | |
| Pratapgarh, proceedings dropped. | |
| Case Crime No. 107A of 2013 under section 148, | |
| 21. | |
| 148, 323, 325, 504, 506, 427 I.P.C. Police Station | |
| – Sangipur, District – Pratapgarh, in this case | |
| the applicant is on bail and trial is pending. | |
| Case Crime No. 718 of 2003 under section 307, 504, | |
| 22. | |
| 506 I.P.C. Police Station – Sangrampur, District – | |
| Amethi, in this case the applicant is on bail and | |
| trial is pending. | |
| Case Crime No. 567 of 2012 under section 147, 452, | |
| 23. | |
| 323, 504, 506 I.P.C., Police Station – Sangrampur, | |
| District – Amethi, the applicant have no knowledge | |
| about this case till date. | |
| Case Crime No. 192 of 2013 under section 147, 148, | |
| 24. | |
| 149, 323, 504, 506, 34, 302 I.P.C. and section 7 | |
| of Criminal Law Amendment Act, Police Station – | |
| Sangrampur, District – Amethi, this is present | |
| case. | |
| That the applicant is innocent. The criminal | |
| 23. | |
| history shown against the applicant has been | |
| explained in the preceding paragraph. There is | |
| delay in lodging the first information report. | |
| There is contradiction in first information report | |
| and alleged dying declaration. The injured/deceased | |
| was assaulted by the persons with whom civil | |
| dispute was pending, even after loosing the case in | |
| the Hon'ble Court. He was forcibly having the | |
| possession. The deceased was convicted in the | |
| murder of the brother of the applicant and was on | |
| bail by the Hon'ble Court, this was suspicion and | |
| the applicant schooling students were implicated. | |
| That for proper adjudication of the case it is | |
| 24. | |
| submitted that the applicant is falsely implicated | |
| by the police persons without any reason and the | |
| applicant has not commit any offence as alleged in | |
| the first information report. | |
| That the applicant in jail since 25/05/2013. | |
| 25. | |
| That there is no chance of the applicant absconding | |
| 26. | |
| or tempering with the prosecution witnesses. | |
| That the applicant is ready to furnished the | |
| 27. | |
| 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 | |
| 28. | |
| and necessary in the interest of justice that the | |
| applicant be enlarged on bail during pendency of | |
| case. | |
| Lucknow | |
| Date : 2014 Deponent | |
| VERIFICATION | |
| I, the deponent, do hereby verify that the | |
| contents of para Nos. of this affidavit | |
| are true to my personal knowledge and those para Nos. | |
| of the affidavit are based on perusal of record, those | |
| of para Nos. of the | |
| affidavit are based on information received by the | |
| deponent, those of para Nos. of the | |
| affidavit are based on legal advice which all I believe | |
| to be true. No part of its is false and nothing | |
| material has been concealed. So, help me “GOD”. | |
| Lucknow | |
| Date : 2014 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 Dr. Gyan Singh, Advocate, High | |
| Court, Lucknow, Bench, Lucknow. Enrolment No. 11667 of | |
| 2010, Address – 34 Pipra Ghat, Dilkusha, Cantt, | |
| Lucknow. | |
| I, have satisfied my self 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 2015 | |
| Jitendra Bahadur Singh ……..Applicant | |
| (In Jail since 25.05.2013) | |
| Versus | |
| State of Uttar Pradesh .....Opposite Party | |
| INDEX | |
| Sr. | |
| Particulars Page No. | |
| No | |
| Application for bail under section | |
| 1. | |
| 439 Cr.P.C. | |
| Affidavit in support of application | |
| 2. | |
| Annexure No. 1 | |
| 3. | |
| The photo and typed copy of the | |
| first information report dated | |
| 30.04.2013 | |
| Annexure No. 2 | |
| 4. | |
| The typed of the letter dated | |
| 19.05.2013 | |
| Annexure No. 3 | |
| 5. | |
| Photocopy of the inquest report | |
| Annexure No. 4 | |
| 6. | |
| Photocopy of the autopsy report | |
| Annexure No. 5 | |
| 7. | |
| Photo and copy of the witnesses | |
| Annexure No. 6 | |
| 8. | |
| Photo copy of the of the case | |
| summary given by the doctor | |
| Siddharth Singh Hospital in | |
| Administration dated 01.05.2013 | |
| Annexure No. 7 | |
| 9. | |
| Photo copy of the statement of | |
| doctor Uday Pratap Singh | |
| Annexure No. 8 | |
| 10. | |
| Photo copy of the recovery memo | |
| Annexure No. 9 | |
| 11. | |
| Type copy of dying declaration | |
| Annexure No. 10 | |
| 12. | |
| Photo and type of the cross | |
| examination of the eye-witness | |
| Girija Shankar Pandey dated | |
| 07.04.2015 | |
| Identity proof of the deponent | |
| 13. | |
| Memo | |
| 14. | |
| Lucknow | |
| (Dr. Gyan Singh) (Kapil Misra) | |
| Advocate | |
| Dated: /04/2015 Counsels for the Applicant | |
| Mobile No. 9452226667 | |