| Prompt: | |
| Generate a Bail Application involving the following key legal details: | |
| - CASE: Crime No. 283 of 2019 | |
| - DISTRICT: Not available | |
| - BAIL APPLICATION: Not available | |
| --- | |
| Output: | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD | |
| LUCKNOW BENCH : LUCKNOW | |
| Crl. Misc. Case No. (B) Of 2020 | |
| Abhiman Singh aged about 29 years son of Shri Lalji | |
| Singh resident of Village – Soti Ka Purwa, | |
| Panchmahua, Police Station - Bhagrai, District – | |
| Pratapgarh | |
| .....Applicant | |
| (In jail since 14.02.2020) | |
| Versus | |
| State of U.P. ......Opposite Party | |
| Crime No. :283 of 2019 | |
| Under Section : 2/3 of U.P. | |
| Gangster and Anti-Social | |
| Activities (Prevention) Act, 1986 | |
| Police Station :Bhagrai | |
| District :Pratapgarh | |
| Bail No. 1305 of 2020 rejected by | |
| Additional Session Judge/ F.T.C. – | |
| 1, Pratapgarh on 07.09.2020 | |
| FIRST 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. 283 of 2019 under | |
| section 2/3 of U.P. Gangster and Anti-Social | |
| Activities (Prevention) Act, 1986 registered at | |
| Police Station – Bhagrai, District – Pratapgarh | |
| during the pendency of his trial, in the interest of | |
| justice. | |
| Lucknow (Pradeep Kumar Singh ‘Bisen’) | |
| Advocate | |
| Date: 15.09.2020 Counsel for the Applicant | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLHABAD | |
| LUCKNOW BENCH: LUCKNOW | |
| Crl. Misc. Case No. (B) Of 2020 | |
| Crime No. :283 of 2019 | |
| Under Section : 2/3 of U.P. | |
| Gangster and Anti-Social | |
| Activities (Prevention) Act, 1986 | |
| Police Station :Bhagrai | |
| District :Pratapgarh | |
| Bail No. 1305 of 2020 rejected by | |
| Additional Session Judge/ F.T.C. | |
| – 1, Pratapgarh on 07.09.2020 | |
| Abhiman Singh .....Applicant | |
| (In jail since 14.02.2020) | |
| Versus | |
| State of U.P. ....Opposite Party | |
| AFFIDAVIT | |
| (In support of first bail application) | |
| I, Ranvijay Singh aged about 20 years son of | |
| Shri Lalji Singh resident of Village – Soti Ka Purwa, | |
| Panchmahua, Police Station - Bhagrai, District – | |
| Pratapgarh, Religion – Hindu, Occupation – Studying, | |
| Education – Student of B.A. 3rd year, do hereby | |
| solemnly affirm and states on oath as under, do | |
| hereby solemnly affirm and state on oath as under :- | |
| That the deponent is the brother/pairokar of the | |
| 1. | |
| applicant and duly authorized by the applicant to | |
| doing pairavi and 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 the photo of the deponent is being pasted on | |
| 2. | |
| the first page of this affidavit and photocopy of | |
| ID proof of the deponent is being annexed with | |
| this affidavit. | |
| That this is first bail of the applicant filed | |
| 3. | |
| before this Hon’ble Court and no other bail | |
| application on same cause of action is filed or | |
| pending in any court of law. | |
| That on 08.12.2019 at about 20.30 Hours, the | |
| 4. | |
| informant Shri Ravindra Singh Yadav, Station | |
| House Officer, Police Station – Bhagrai, District | |
| – Pratapgarh lodged a first information report | |
| against 03 persons including the applicant at | |
| Case Crime No. 283 of 2019 under section 2/3 of | |
| U.P. Gangster and Anti-Social Activities | |
| (Prevention) Act, 1986 (hereinafter referred to | |
| ‘Gangster Act’) in Police Station – Bhagrai, | |
| District – Pratapgarh. The photo and typed copy | |
| of the first information report dated 08.12.2019 | |
| is being annexed herewith as Annexure No. 1 to | |
| this affidavit. | |
| That brief fact of the alleged prosecution story | |
| 5. | |
| is that the applicant along with his companions | |
| is the active member of the a gang, who is | |
| committing the offences in organized manner | |
| regularly as they are habitual, for their | |
| economic benefit and due to their terror no one | |
| can dare to speak against them. | |
| That prior to lodging the aforesaid case crime | |
| 6. | |
| against the applicant, the gang chart has been | |
| approved by the District Magistrate, Pratapgarh | |
| on 28.11.2019. The photo and typed copy of the | |
| gang chart is being annexed herewith as Annexure | |
| No. 2 to this affidavit. | |
| That for proper adjudication of the case it is | |
| 7. | |
| submitted that the applicant is totally innocent | |
| and does not commit any offence as alleged in the | |
| first information report by the informant. | |
| That the informant in order to showing his good | |
| 8. | |
| and hard work, falsely implicate the applicant in | |
| several case crimes, which are pending before him | |
| and thereafter finally lodged the said first | |
| information report dated 08.12.2019 under Section | |
| 2/3 of Gangster Act:- | |
| Case Crime No. 109 of 2019 under Sections | |
| 8.i. | |
| 323, 504, 506, 286, 308, 325 of I.P.C., at | |
| Police Station – Bhagrai, District – | |
| Pratapgarh, in which the applicant has | |
| been released on bail by the Additional | |
| Session Judge/F.T.C.-1, Pratapgarh on | |
| 04.08.2020. | |
| Case Crime No. 83 of 2017 under | |
| 8.ii. | |
| Sections 302 of I.P.C. and 3(2)V of S.C. & | |
| S.T. Act, at Police Station – Bhagrai, | |
| District – Pratapgarh, in which the | |
| applicant has been released on bail by the | |
| court concerned on 16.07.2018 passed by | |
| this Hon'ble High Court, which has been | |
| corrected vide order dated 03.08.2018. | |
| The photocopies of the orders passed by the | |
| Additional Session Judge/F.T.C.-1, Pratapgarh on | |
| 04.08.2020 and order dated 16.07.2018 & | |
| 03.08.2018 passed by this Hon'ble High Court are | |
| being annexed herewith as Annexure No. 3 to this | |
| application. | |
| That it is relevant to mention here that apart | |
| 9. | |
| from above cases, the applicant has been also | |
| falsely implicated in below mentioned case | |
| crimes, which are as under: | |
| Case Crime No. 104 of 2017 under Sections 3/25 | |
| a. | |
| of Arms Act, at Police Station – Bhagrai, | |
| District – Pratapgarh, in which, the applicant | |
| has been released on bail by the court | |
| concerned on 06.08.2018 passed by IInd | |
| Additional Session Judge, Pratapgarh. | |
| Case No. 2 of 2019 under Section 3(1) of the | |
| b. | |
| U.P. Control of Goondas Act, 1970 initiated but | |
| same has been quashed by the District | |
| Magistrate, Pratapgarh on 20.03.2020. | |
| Case Crime No. 60 of 2020 under Sections 3/25 | |
| c. | |
| of Arms Act, at Police Station – Bhagrai, | |
| District – Pratapgarh, the bail application of | |
| the applicant is pending before the court | |
| concerned due to Covid-19. | |
| The photocopies of the orders dated 06.08.2018 | |
| passed by IInd Additional Session Judge, Pratapgarh | |
| & order dated 20.03.2020 passed by the District | |
| Magistrate, Pratapgarh are being annexed herewith | |
| as Annexure No. 4 to this application. | |
| That it is relevant to mention here that the | |
| 10. | |
| applicant is a poor villager and common man of | |
| society. He is neither member of alleged gang as | |
| alleged in the first information report nor | |
| involve any crime as alleged against him in the | |
| gang chart by the informant. He further does not | |
| committed any offence for his economical and | |
| physical benefit due to which the local area | |
| people are under the threat as such allegations | |
| against the applicant are false and fabricated. | |
| That it is relevant to mention here that the | |
| 11. | |
| applicant is student and belongs to respected | |
| family of society. The applicant is neither | |
| member of alleged gang as alleged in the first | |
| information report nor involves any crime as | |
| alleged against him in the gang chart by the | |
| informant. | |
| That the applicant does not any committed offence | |
| 12. | |
| for his economical and physical benefit. The | |
| applicant is not convicted previously in any case | |
| crime. The allegations against the applicant are | |
| false and fabricated. | |
| That the informant alleged that the applicant is | |
| 13. | |
| gang leader while in Case Crime No. 83 of 2017 | |
| under Sections 302 of I.P.C. and 3(2)V of S.C. & | |
| S.T. Act, at Police Station – Bhagrai, District – | |
| Pratapgarh, the name of the applicant came in | |
| light from the statement of another accused, in | |
| which the applicant has granted bail by this | |
| Hon'ble High Court. The applicant have no any | |
| gang and not the leader of the same. | |
| That since the applicant has not committed any | |
| 14. | |
| offence as alleged, hence no offence under | |
| Sections 2/3 of U.P. Gangster and Anti-Social | |
| Activities (Prevention) Act, 1986 relating to | |
| Police Station – Bhagrai, District – Pratapgarh, | |
| is made against him. | |
| That it is relevant to mention here that the | |
| 15. | |
| applicant is in jail since 14.02.2020 without | |
| committing any offense and the applicant is | |
| convicted previously by the competent court of | |
| law. | |
| That the applicant had moved his bail application | |
| 16. | |
| bearing number 1305 of 2020 before the Bail | |
| rejected by Additional Session Judge/ F.T.C.-I, | |
| Pratapgarh and same has been rejected on | |
| 07.09.2020. The free certified copy of the bail | |
| rejection order dated 07.09.2020 is annexed | |
| herewith as Annexure No. 5 to this affidavit. | |
| That the applicant will not misuse the liberty of | |
| 17. | |
| bail if so granted by this Court. | |
| That the applicant has no motive to commit the | |
| 18. | |
| alleged crime and false motive which given in | |
| case, is cooked and fabricated by the concerned | |
| police. | |
| That there is no chance of the applicant | |
| 19. | |
| absconding or tempering with the prosecution | |
| witnesses. | |
| That the applicant is ready to furnish personal | |
| 20. | |
| bond and sureties to the entire satisfaction | |
| before the court, if the bail is granted to him. | |
| That in view of the above, it would be expedient | |
| 21. | |
| and necessary in the interest of justice that the | |
| applicant be enlarged on bail during pendency of | |
| his trial. | |
| Lucknow | |
| Date : 15.09.2020 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 : 15.09.2020 Deponent | |
| I, identify the deponent, who has I, do hereby | |
| declare that the person making this affidavit and | |
| alleging herself to be the deponent is known to me from | |
| the perusal of papers and I am satisfied that she 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, | |
| Pratapgarh 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 to him. | |
| OATH COMMISSIONER | |
| Code : 401507(Minor) | |
| GROUP : Bail | |
| DISTRICT : Pratapgarh | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLHABAD | |
| LUCKNOW BENCH: LUCKNOW | |
| Crl. Misc. Case No. (B) Of 2020 | |
| Abhiman Singh .....Applicant | |
| (In jail since 14.02.2020) | |
| Versus | |
| State of U.P. ....Opposite Party | |
| INDEX | |
| Sr | |
| Particulars Page | |
| No | |
| No. | |
| Index | |
| 1. | |
| Application for Bail | |
| 2. | |
| Affidavit in support of bail | |
| 3. | |
| application | |
| Annexure No. 1 | |
| 4. | |
| The photo and typed copy of the first | |
| information report dated 08.12.2019 | |
| Annexure No. 2 | |
| 5. | |
| The photo and typed copy of the gang | |
| chart | |
| Annexure No. 3 | |
| 6. | |
| The photocopies of the orders passed | |
| by the Additional Session Judge/ | |
| F.T.C.-1, Pratapgarh on 04.08.2020 and | |
| order dated 16.07.2018 & 03.08.2018 | |
| Annexure No. 4 | |
| 7. | |
| The photocopies of the orders dated | |
| 06.08.2018 passed by IInd Additional | |
| Session Judge, Pratapgarh & order | |
| dated 20.03.2020 passed by the | |
| District Magistrate, Pratapgarh | |
| Annexure No. 5 | |
| 8. | |
| The free certified copy of the bail | |
| rejection order dated 07.09.2020 | |
| ID proof of the deponent | |
| 9. | |
| Memo | |
| 10. | |
| E-court fee receipt | |
| 11. | |
| Lucknow (Pradeep Kumar Singh ‘Bisen’) | |
| Advocate | |
| Date: 15.09.2020 Counsel for the Applicant | |
| Mobile No. 9415288732 | |
| AoR No. B/P0262 | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLHABAD | |
| LUCKNOW BENCH: LUCKNOW | |
| Crl. Misc. Case No. (B) Of 2020 | |
| Abhiman Singh .....Applicant | |
| (In jail since 14.02.2020) | |
| Versus | |
| State of U.P. ....Opposite Party | |
| Annexure No. | |