| Prompt: | |
| Generate a Bail Application involving the following key legal details: | |
| - CASE: Crime No. 422 of 2019 | |
| - BAIL APPLICATION: Bail Application No. 2863 of 2020 | |
| - DISTRICT: Not available | |
| --- | |
| Output: | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD | |
| Criminal Misc. Bail Application No. of 2020 | |
| District – Ghaziabad | |
| Navin Kumar Pachauri aged about 37 years son Shri | |
| Prem Dutta Pachauri resident of Village – | |
| Chachipura Khander, Police Station – Fatehabad, | |
| District - Agra | |
| .....Applicant | |
| (In jail since 24.08.2020) | |
| Versus | |
| State of Uttar Pradesh .....Opposite Party | |
| Case Crime No. 422 of 2019 | |
| Under Sections 409 of I.P.C. and | |
| 7/13 The Anti Corruption | |
| (Prevention) Act, 1988 | |
| Police Station – Station Link Road | |
| District – Ghaziabad | |
| Bail application No. 2863 of 2020 | |
| rejected by the Special Judge, Special Court No. 2, | |
| (Corruption Prevention Act), Meerut on 08.09.2020 | |
| st 1 BAIL APPLICATION UNDER SECTION 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 connection with Case Crime No. 422 | |
| of 2019 under Sections 409 of I.P.C. and 7/13 The Anti | |
| Corruption (Prevention) Act, 1988 registered at Police | |
| Station – Station Link Road, District – Ghaziabad, in | |
| the interest of Justice. | |
| (Pradeep Kumar Singh ‘Bisen’) | |
| Advocate | |
| ( ) | |
| Advocate | |
| Date: .2020 Counsels for the Applicant | |
| Case Crime No. 422 of 2019 | |
| Under Sections 409 of I.P.C. and | |
| 7/13 The Anti Corruption | |
| (Prevention) Act, 1988 | |
| Police Station – Station Link Road | |
| District – Ghaziabad | |
| Bail application No. 2863 of 2020 | |
| rejected by the Special Judge, Special Court No. 2, | |
| (Corruption Prevention Act), Meerut on 08.09.2020 | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD | |
| Criminal Misc. Bail Application No. of 2020 | |
| District – Ghaziabad | |
| Navin Kumar Pachauri ......Applicant | |
| (In jail since 24.08.2020) | |
| Versus | |
| State of Uttar Pradesh .....Opposite Party | |
| AFFIDAVIT | |
| (In support of bail application) | |
| I, Prem Dutt Pachauri aged about 63 years son Shri | |
| Shiv Charan Lal Pachauri resident of Village – | |
| Chachipura Khander, Police Station – Fatehabad, | |
| District - Agra, Religion – Hindu, Education – | |
| Literate, Occupation – Agriculture, do hereby | |
| solemnly affirm and state on oath as under :- | |
| That the deponent is the father of the | |
| 1. | |
| applicant/pairokar in above noted application and | |
| duly authorized for swearing affidavit on his | |
| behalf and as such he is fully conversant with the | |
| facts of the case and deposed as under. The ID of | |
| the deponent is affixed on the affidavit and his ID | |
| proof is enclosed with the affidavit. | |
| That this is the first bail application of the | |
| 2. | |
| applicant before 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 25.09.2019 | |
| 3. | |
| at 23.36 hours the informant namely Dr. Rakesh | |
| Kumar Mishra, Circle Officer, Circle - Sahibabad, | |
| District – Ghaziabad, lodged a first information | |
| report bearing Case Crime No. 422 of 2019 under | |
| Sections 409 of I.P.C. and 7/13 The Anti Corruption | |
| (Prevention) Act, 1988 against the applicant and 6 | |
| others with regard to grabbing of the recovered | |
| money from the accused persons. The photo/typed | |
| copy of the first information report lodged by the | |
| informant on 25.09.2019 is being annexed herewith | |
| as Annexure No. 1 to this affidavit. | |
| That allegation levelled in the first information | |
| 4. | |
| report lodged by the informant is that in night of | |
| the 24/25.09.2019, the two accused of the case | |
| crime 176 of 2019 lodged under Section 409 of IPC | |
| at Police Station – Station Link Road, District – | |
| Ghaziabad have been arrested in raid, which was | |
| conducted the IO of the said case crime. During | |
| said raid Rs. 14,81,500/- & Rs. 31,00,000/- | |
| recovered by the IO of the case crime. But during | |
| the questioning by the informant, the accused said | |
| they both have approximately Rs. 1.15-1.25 Cror. | |
| Thereafter the informant lodged the first | |
| information report against the applicant and others | |
| for missing of Rs. 70-80 lacs. | |
| That on very same i.e. on 25.09.2019, the statement | |
| 5. | |
| of the informant has been recorded by the | |
| investigating officer under Section 161 of Cr.P.C., | |
| in which the informant almost repeated his first | |
| information report. In addition to that he has got | |
| permission from the higher official for lodging | |
| first information report against the applicant and | |
| others after initial investigation. The typed copy | |
| of the statement of the informant dated 25.09.2019 | |
| is being annexed herewith as Annexure No. 2 to this | |
| affidavit. | |
| That the applicant has no concerned with the | |
| 6. | |
| alleged incident which has been took place at time | |
| raid in connection with case crime 176 of 2019 | |
| lodged under Section 409 of IPC at Police Station – | |
| Station Link Road, District – Ghaziabad. | |
| That real story is that the applicant has no any | |
| 7. | |
| relation with said crime as alleged against him by | |
| the informant & investigating officer of the case | |
| crime. | |
| That the informant has directed vide order dated | |
| 8. | |
| 23.09.2019 the applicant to appear before the | |
| Information Commission at Lucknow on 25.09.2019. | |
| The photocopy of the order dated 23.09.2019 passed | |
| by the informant is being annexed herewith as | |
| Annexure No. 3 to this affidavit. | |
| That in pursuant to the order dated 23.04.2019, the | |
| 9. | |
| applicant went to the office of the Police Line, | |
| Ghaziabad through his private vehicle No. UP 14 – | |
| EC – 0393 and collected the requisite paper on | |
| 24.09.2019 near about 14.30 hours. | |
| That after collection of the relevant papers, the | |
| 10. | |
| applicant moved to Lucknow but prior to that he | |
| went to his uncle’s house at Fetehabad, Agra. | |
| Meanwhile the Smt. Laxmi Singh Chauhan Station | |
| House Officer, Police Station – Station Link Road, | |
| District – Ghaziabad (hereinafter referred to as | |
| ‘SHO’) called the applicant about 05.17 PM for | |
| becoming the part and parcel of the raid, which has | |
| to be conducted at Delhi in connection of the case | |
| crime 176 of 2019 lodged under Section 409 of IPC | |
| at Police Station – Station Link Road, District – | |
| Ghaziabad. At that moment as the applicant was | |
| moving to Lucknow he replied her that he is moving | |
| to Lucknow in pursuant to the order passed by the | |
| informant. The applicant further send his location | |
| to the SHO on his WhatsApp number. | |
| That the applicant was continuously moving with his | |
| 11. | |
| private vehicle No. UP 14 – EC – 0393 on 24.09.2019 | |
| and crossed Yamuna Expressway on 24.09.2019 at | |
| 06.17.53PM. The photocopy of the toll plaza reports | |
| of the vehicle No. UP 14 – EC – 0393 is being | |
| annexed herewith as Annexure No. 4 to this | |
| affidavit. | |
| That the near about 06.51.15 AM on 25.09.2019 | |
| 12. | |
| reached to the nearby Lucknow to appear before the | |
| Hon'ble Information Commission. The applicant has | |
| exit the Agra Expressway with his private vehicle | |
| No. UP 14 – EC – 0393 with benefit of exemption of | |
| toll tax being police officer. The photocopy of the | |
| toll receipt dated 25.09.2019 along with the | |
| photograph of the vehicle is being annexed herewith | |
| as Annexure No. 5 to this affidavit. | |
| That the applicant has appeared before the Hon'ble | |
| 13. | |
| Information Commission in Appeal No. | |
| S-10-825/A/2018 (Hazi Arif Vs First Appellate | |
| Officer, SSP, Ghaziabad) and submitted the | |
| compliance report dated 24.09.2019 before the | |
| Hon'ble Commission on 25.09.2019 and put his | |
| signature on the order sheet of the Hon'ble | |
| Commission on behalf of the First Appellate | |
| Officer. The photocopy of the compliance order | |
| dated 24.09.2019 and the order sheet dated | |
| 25.09.2019 containing the signature of the | |
| applicant is being annexed herewith as Annexure No. | |
| 6 to this affidavit. | |
| That here it relevant to mention that the applicant | |
| 14. | |
| was not present at Police Station – Station Link | |
| Road, District – Ghaziabad since 24.09.2019 about | |
| 14.00 hours and the said fact is also well known by | |
| the SHO as she herself directed the applicant to | |
| appear before the Hon'ble Information Commission, | |
| Lucknow but the applicant has been falsely | |
| implicated in the case crime. | |
| That despite knowing that the applicant is not at | |
| 15. | |
| Police Station – Station Link Road, District – | |
| Ghaziabad but vide perusal of the contents of | |
| serial No. 2 of CD-35 dated 25.09.2019, it is | |
| mentioned that the vide GD entry No. 10 dated | |
| 24.09.2019, the applicant along with other police | |
| personnel exit on 19.03 hours vide Rapat No. 32 | |
| dated 24.09.2019 and returned on 20.00 hours and | |
| later on vide Rapat No. 39 dated 24.09.2019 at | |
| 21.05 again exit with the SHO and others for raid | |
| in connection with the case crime 176 of 2019 | |
| lodged under Section 409 of IPC at Police Station – | |
| Station Link Road, District – Ghaziabad. | |
| That thereafter the raid has been conducted by the | |
| 16. | |
| SHO and other team members at Delhi, in which the | |
| applicant was not member of the said raid team and | |
| recovered the amount of & 14,81,500/- from arrested | |
| accused of the of the case crime 176 of 2019 and | |
| recovery memo have been prepared. The photocopy of | |
| the recovery memo dated 25.09.2019 relating to the | |
| amount 14,81,500/- is being annexed herewith as | |
| Annexure No. 7 to this affidavit. | |
| That on bare perusal of the recovery memo it is | |
| 17. | |
| very clear that on one recovery memo the signature | |
| of the applicant has been contained while another | |
| has not. Here it is relevant to mention that the | |
| applicant was not present at time of raid but his | |
| signature has been made by the raiding team members | |
| for their good faith. | |
| That according the recovery memo dated 25.09.2019, | |
| 18. | |
| the applicant and a constable have been sent to the | |
| concerned police station along with the alleged | |
| money, while at that time the applicant was moving | |
| to Lucknow. | |
| That thereafter vide G.D. No. 4 at 03.04 hours | |
| 19. | |
| dated 25.09.2019 mentioned the returning of the | |
| applicant along with constable have been entered at | |
| 03.04 hours on 25.09.2019 along with the arrested | |
| accused and recovered money from them. | |
| That thereafter another raid has been conducted by | |
| 20. | |
| the SHO and other raid team at Delhi, in which from | |
| arrested accused of the of the case crime 176 of | |
| 2019 Rs. 31,00,000/- has been recovered. The | |
| photocopy of the recovery memo relating to amount | |
| Rs. 31,00,000/- is being annexed herewith as | |
| Annexure No. 8 to this affidavit. | |
| That thereafter vide G.D. No. 6 dated 25.09.2019 at | |
| 21. | |
| 04.27 hours mentioned the returning of the SHO | |
| along with raiding team has been returned along | |
| with the arrested accused and recovered money from | |
| them. | |
| That thereafter the informant has informed by the | |
| 22. | |
| SHO with regard to said raid and recovery of the | |
| money and arrested accused then the informant came | |
| at concerned Police Station and took statement of | |
| the accused persons, who stated that they have | |
| about 1.15-1.25 Crore rupees while the raid team | |
| shown recovery of Rs. 45,81,500/-. | |
| That the informant, when came to know that the | |
| 23. | |
| recovery amount is lesser than actual amount and | |
| about 70-80 lacs rupees is missing, then he | |
| informed to his higher officers with said regard. | |
| That the Senior Superintendent of Police, Ghaziabad | |
| 24. | |
| directed the informant on 25.09.2019 to conduct an | |
| inquiry with regard to raid conducted in case crime | |
| 176 of 2019 by the SHO and missing of Rs. 70-80 | |
| lacs. | |
| That the informant has conducted the inquiry and | |
| 25. | |
| concluded the same on very same day i.e. 25.09.2019 | |
| on the basis of the statements of the raid team, | |
| accused statements and on basis of the documents | |
| and found guilty for grabbing of the money. | |
| That the informant in his report dated 25.09.2019 | |
| 26. | |
| without going to fact only on the basis of the GD | |
| entries, named the applicant and stated that the | |
| applicant is also involve in grabbing the money | |
| while the applicant was in Lucknow in pursuant to | |
| the order dated 23.09.2019, passed by the informant | |
| himself. | |
| That the SHO and other raid team have also not | |
| 27. | |
| informed to the informant that the applicant was | |
| not the part and parcel of the raid conducted in | |
| connection with the case crime No. 176 of 2019. | |
| That on inquiry report dated 25.09.2019, the Senior | |
| 28. | |
| Superintendent of Police, Ghaziabad directed | |
| investigating officer lodged the first information | |
| report, in pursuant to same, the first information | |
| report dated 25.09.2019 lodged against the | |
| applicant and others. | |
| That it was very surprising that the SHO as well as | |
| 29. | |
| the informant well known that the applicant was on | |
| way of Lucknow to appear before Hon'ble Information | |
| Commission but only on basis of the wrong entry in | |
| the G.D., the first information report lodged | |
| against the applicant. | |
| That the father of the applicant, met with the | |
| 30. | |
| informant and stated abovementioned facts and | |
| produced the records to show that the applicant was | |
| at Lucknow and appear before Hon'ble Information | |
| Commission and requested to them consider the same | |
| and submit the final report in favour of the | |
| applicant but nothing has been done by them. | |
| That the father of the applicant moved a complaint | |
| 31. | |
| over the Jansunwai portal bearing No. | |
| 40014619039336 on 12.11.2019 before the opposite | |
| party No. 1 stating that the applicant is being | |
| falsely implicated in the case crime and requested | |
| to do needful but nothing has been done by him. The | |
| photocopy of the complaint moved by the father of | |
| the applicant on 12.11.2019 is being annexed | |
| herewith as Annexure No. 9 to this affidavit. | |
| That when nothing has been done, then again the | |
| 32. | |
| father of the applicant moved a complaint over the | |
| Jansunwai portal bearing No. 40014619043126 on | |
| 18.12.2019 before the state authority mentioned all | |
| above noted facts and requested to do needful. The | |
| photocopy of the complaint moved by the father of | |
| the applicant on 18.12.2019 is being annexed | |
| herewith as Annexure No. 10 to this affidavit. | |
| That meanwhile against the applicant and other | |
| 33. | |
| accused, the Non-Bailable Warrant has been issued | |
| on 19.10.2019 and proceeding of Section 82 of | |
| Cr.P.C. has been initiated on 08.11.2019. | |
| That investigating officer, despite knowing | |
| 34. | |
| everything mentioned hereinabove, submitted the | |
| charge sheet against the applicant along with other | |
| accused on 01.01.2020 bearing No. 01 of 2020 under | |
| Sections 409 of I.P.C. and 7/13 The Anti Corruption | |
| (Prevention) Act, 1988, in very illegal and | |
| malafide manner. | |
| That the court concerned against the applicant & | |
| 35. | |
| other accused takes cognizance and passed the | |
| impugned summoning order dated 06.01.2020. | |
| That it is also relevant to mention here that no | |
| 36. | |
| case is made out against the applicant as alleged | |
| in the first information report and applicant has | |
| never committed any offence as alleged. | |
| That nothing has been recovered from the | |
| 37. | |
| applicant’s possession with regard to impugned | |
| first information report lodged by the informant. | |
| That in view of the abovementioned averments, it is | |
| 38. | |
| clear that the Sections 409 of I.P.C. and 7/13 The | |
| Anti Corruption (Prevention) Act, 1988 have not | |
| attracted upon the applicant. | |
| That it is also relevant to mention here that no | |
| 39. | |
| case is made out against the applicant as alleged | |
| in the said application and applicant has never | |
| committed any offence as alleged. | |
| That the applicant has surrendered before the | |
| 40. | |
| competent court on 24.08.2020 and thereafter he has | |
| been send to the jail on very same day. | |
| That the applicant in jail since 24.08.2020 without | |
| 41. | |
| committing any offense as alleged against the | |
| applicant. | |
| That the co-accused including the SHO of the case | |
| 42. | |
| crime has been released on bail by this Hon'ble | |
| High Court passed in various dates, while the | |
| applicant is still in jail without committing any | |
| offense as alleged against him. The photocopies of | |
| the order passed by this Hon'ble High Court are | |
| being annexed as Annexure No. 11 to this | |
| application. | |
| That the applicant moved bail application bearing | |
| 43. | |
| No. 2863 of 2020 before Special Judge, Special | |
| Court No. 2, (Corruption Prevention Act), Meerut | |
| and his bail application has been rejected by the | |
| court concerned on 08.09.2020. The free certified | |
| copy of the order dated 08.09.2020 passed by court | |
| concerned is being annexed as Annexure No. 12 to | |
| this application. | |
| That there is no chance of the applicant absconding | |
| 44. | |
| or tempering with the prosecution witnesses. | |
| That the applicant is ready to furnished the | |
| 45. | |
| security and bond and also undertake that he will | |
| be never misused liberty of bail. | |
| That the applicant has no criminal history except | |
| 46. | |
| the aforesaid false case and not likely to hope in | |
| future to commit any offence. | |
| That in view of the above, it would be expedient | |
| 47. | |
| and necessary in the interest of justice that the | |
| applicant be enlarged on bail during pendency of | |
| case. | |
| Lucknow | |
| Date: .2020 Deponent | |
| VERIFICATION | |
| I, the deponent, do hereby verify that the | |
| contents of para of the accompanying | |
| petition 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: .2020 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 | |
| Code : | |
| Group : Bail | |
| District :Ghziabad | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD | |
| Criminal Misc. Bail Application No. of 2020 | |
| District – Ghaziabad | |
| Navin Kumar Pachauri ......Applicant | |
| (In jail since 24.08.2020) | |
| Versus | |
| State of Uttar Pradesh .....Opposite Party | |
| INDEX | |
| Sr. No | |
| Particulars Page No. | |
| Application for exemption of filing | |
| affidavit with bail application | |
| 1. | |
| 1st Bail application for bail | |
| 2. | |
| Affidavit in support of application | |
| 3. | |
| Annexure No. 1 | |
| 4. | |
| The photo/typed copy of the first | |
| information report lodged by the | |
| informant on 25.09.2019 | |
| Annexure No. 2 | |
| 5. | |
| The typed copy of the statement of | |
| the informant dated 25.09.2019 | |
| Annexure No. 3 | |
| 6. | |
| The photocopy of the order dated | |
| 23.09.2019 passed by the informant | |
| Annexure No. 4 | |
| 7. | |
| The photocopy of the toll plaza | |
| reports of the vehicle No. UP 14 – | |
| EC – 0393 | |
| Annexure No. 5 | |
| 8. | |
| The photocopy of the toll receipt | |
| dated 25.09.2019 along with the | |
| photograph of the vehicle | |
| Annexure No. 6 | |
| 9. | |
| The photocopy of the compliance | |
| order dated 24.09.2019 and the | |
| order sheet dated 25.09.2019 | |
| containing the signature of the | |
| applicant | |
| Annexure No. 7 | |
| 10. | |
| The photocopy of the recovery memo | |
| dated 25.09.2019 relating to the | |
| amount 14,81,500/- | |
| Annexure No. 8 | |
| 11. | |
| The photocopy of the recovery memo | |
| relating to amount Rs. 31,00,000/- | |
| Annexure No. 9 | |
| 12. | |
| The photocopy of the complaint | |
| moved by the father of the | |
| applicant on 12.11.2019 | |
| Annexure No. 10 | |
| 13. | |
| The photocopies of the order passed | |
| by this Hon'ble High Court | |
| Annexure No. 11 | |
| 14. | |
| The free certified copy of the | |
| order dated 08.09.2020 passed by | |
| court concerned | |
| Annexure No. 12 | |
| 15. | |
| The photocopy of the complaint | |
| moved by the father of the | |
| applicant on 12.11.2019 | |
| ID proof of the deponent | |
| 16. | |
| Memo | |
| 17. | |
| (Pradeep Kumar Singh ‘Bisen’) | |
| Advocate | |
| ( ) | |
| Advocate | |
| Date: .2020 Counsels for the Applicant | |
| Mobile No. 9415288732 | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD | |
| C. M. Application No. of 2020 | |
| In Re | |
| Criminal Misc. Bail Application No. of 2020 | |
| District – Ghaziabad | |
| Navin Kumar Pachauri ......Applicant | |
| (In jail since 24.08.2020) | |
| Versus | |
| State of Uttar Pradesh .....Opposite Party | |
| APPLICATION FOR THE EXEMPTION OF FILING AN AFFIDAVIT | |
| WITH BAIL APPLICATION | |
| The applicant most respectfully begs to submit | |
| as under: - | |
| That the humble applicant stated that the requirement of | |
| filing an Affidavit along with the Application(s) may | |
| further be dispensed with in view of the Guidelines | |
| provided by the order of the Hon’ble High Court dated | |
| 14.04.2020 as well as 21.08.2020 as the deponent is | |
| unable to swear affidavit during this lockdown as due | |
| to Covid-19 as the deponent is aged about 63 years | |
| and as per guidelines issued by the Ministry of | |
| Health, Government of India as well state government | |
| to stay home to protect himself from the infection of | |
| the Covid-19 in this age. | |
| That in view of the guidelines of the High Court dated | |
| 21.08.2020 the details of the deponent of the | |
| affidavit as under: | |
| Aadhar No. - 327753520748 | |
| Card holder name - Prem Dutt Pachauri | |
| Father’s name - Shri Shiv Charan Lal | |
| Date of Birth - 01.01.1956 | |
| Address - Village – Chachipura | |
| Khander, Police | |
| Station – Fatehabad, | |
| District - Agra | |
| Mobile No. - 9897504477 | |
| (Link with adhar No.) - | |
| That the deponent further declared that the deponent is | |
| the father/parirokar of the applicant and duly | |
| authorized by application for swearing the affidavit | |
| and do hereby solemnly affirm that the averments made | |
| hereinabove true and correct. | |
| That the deponent further declared that after lifting the | |
| lockdown, he will be filed hard copy of the proper | |
| affidavit within one month. | |
| (Pradeep Kumar Singh ‘Bisen’) | |
| Advocate | |
| ( ) | |
| Advocate | |
| Date: .2020 Counsels for the Applicant | |
| Mobile No. 9415288732 | |