bail_data_text / processed_P. K. Bisen - Bail - Kallu Yadav.txt
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Prompt:
Generate a Bail Application involving the following key legal details:
- CASE: Crime No. 169 of 2022
- BAIL APPLICATION: Bail Application No. 3759 of 2022
- DISTRICT: Not available
---
Output:
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD,
LUCKNOW BENCH, LUCKNOW
Criminal Misc. Case No. (B) of 2023
Kallu Yadav aged about 35 years son of Shri Badri
Prasad Yadav resident of Village - Tirchha, Police
Station - Maheshganj, District – Pratapgarh
.....Applicant
(In Jail from 11.08.2022)
Versus
State of Uttar Pradesh through Additional Chief
Secretary, Home, Civil Secretariat, Government of U.P.,
Lucknow
.....Opposite Party
Case Crime No. 169 of 2022
U/S 307, 308, 323, 504, 506,
427, 325 of I.P.C.
Police Station - Maheshganj
District – Pratapgarh
Bail application No. 3759 of 2022
rejected by Additional Session
Judge, Court No. 3, Pratapgarh, on
17.01.2023
FIRST APPLICATION FOR BAIL UNDER SECTION 439 OF 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 to Case Crime No. 169 of
2022 under Sections 307, 308, 323, 504, 506, 427, 325
of I.P.C. registered at Police Station – Maheshganj,
District – Pratapgarh, in the interest of Justice.
Lucknow (Pradeep Kumar Singh ‘Bisen’)
Advocate
Date: .2023 Counsel for the Applicant
Case Crime No. 169 of 2022
U/S 307, 308, 323, 504, 506,
427, 325 of I.P.C.
Police Station - Maheshganj
District – Pratapgarh
Bail application No. 3759 of 2022
rejected by Additional
Session Judge, Court No. 3,
Pratapgarh, on 17.01.2023
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD,
LUCKNOW BENCH, LUCKNOW
Criminal Misc. Case No. (B) of 2023
Kallu Yadav ...Applicant
(In Jail from 11.08.2022)
Versus
State of Uttar Pradesh ....Opposite Party
AFFIDAVIT
(In support of bail application)
I, Prmila Yadav aged about 22 years daughter of Shri
Badri Prasad Yadav resident of Village – Tirchha Peeng,
Kunda, Police Station - Maheshganj, District –
Pratapgarh, Religion – Hindu, Education – Illiterate,
Occupation – Agricultural labour, do hereby solemnly
affirm and state on oath as under :-
That the deponent is the sister/pairokar of the
1.
applicant and duly authorized by the applicant to
doing pairavi and files the aforesaid application
before this Hon'ble Court and as such she is fully
conversant with the facts of the case and deposed
as under. The ID Proof of the deponent is enclosed
and her photograph is affixed on the affidavit.
That the deponent further declares that the
2.
contents of the affidavit have been explained in
Hindi by the counsel of the applicant to her as
such he conversant with the facts of the case.
That this is the first bail application before
3.
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
4.
02.07.2022, Shri Ayodhya Prasad son of Late
Gayadeen resident of Village Tirchha, Police
Station - Maheshganj, District – Pratapgarh
(hereinafter referred to as ‘informant’) lodged a
first information report bearing Case Crime No.
169 of 2022 under Sections 307, 308, 323, 504,
506, 427 of I.P.C. at Police Station – Maheshganj,
District – Pratapgarh against the applicant and
his brothers of the applicant and two unknown
persons with regard to an attempt to murder of the
husband of the informant by firing upon him with
regarding incident dated 25.06.2022. The
photo/typed copy of the first information report
dated 02.07.2022 is being annexed herewith as
Annexure No. 01 to this affidavit.
That the prosecution of the informant in nutshell
5.
is that on 25.06.2022 around 07.30 hours, the
applicant and his brother were in a property
dispute trying to take possession of the
informant’s land and protested the same, the
applicant and his brothers have beaten the
informant and others by lathi, danda, iron rod.
That the alleged incident took place as the
6.
informant on 25.06.2022 but the first information
report has been lodged on 02.07.2022 i.e. more
than 7 days delay, without giving any explanation
with regard to the delay caused in lodging FIR,
which is questionable and doubtful as the
informant aforesaid FIR on basis of legal advice
to harass the applicant and his family members and
also for blackmailing for money.
That initially the injured persons have been
7.
brought for their medical at C.H.C. Kunda,
Pratapgarh on 25.06.2022 around 10.30 hours, where
their medical reports have been prepared and
referred to S.R.N. Hospital, Prayagraj. The
photo/typed copies of the medical reports dated
25.06.2022 of the injured are being annexed
herewith as Annexure No. 2 to this affidavit.
That thereafter, the injured have brought to
8.
S.R.N. Hospital, Prayagraj on the very same day
i.e. 25.06.2022, where the C.T. Scan of all three
injured persons have been conducted. The photo/
typed copies of the S.T. Scan reports of the
injured persons dated 25.06.2022 are being annexed
herewith as Annexure No. 3 to this affidavit.
That on a bare perusal of the medical reports of
9.
the injured person, they seem to be forged and
fabricated so for concern to the S.R.N. Hospital,
Prayagraj as the 2 C.T. Scan report has been
handwritten while one is computerized.
That after about two months the C.T. Scan of the
10.
injured person, the supplementary medical report
of two injured were prepared on 06.08.2022 and
about four months later the supplementary medical
of the third injured was prepared on 01.10.2022 by
the C.H.C., Kunda, Pratapgarh. The photo/ typed
copies of the supplementary medical reports of the
injured dated 06.08.2022 & 01.10.2022 are being
annexed herewith as Annexure No. 4 to this
affidavit. th
That the statement of the informant has been
11.
recorded under Section 161 of Cr.P.C. by the
concerned police on 03.07.2022, in which he almost
repeated his first information report. The typed
copy of the statement of the informant dated
03.07.2022 is being annexed herewith as Annexure
No. 5 to this affidavit.
That the statements of the injured were also
12.
recorded by the concerned police on 25.07.2022 and
24.09.2022 under Section 161 of Cr.P.C., in which
she almost repeated the statement of the
informant. The typed copy of the statements of the
injured are being annexed herewith as Annexure No.
6 to this affidavit.
That the version of the injured has not
13.
collaborated with the medical report as the
injured sustained injuries.
That the real fact of the case is that the
14.
applicant and informant are residents of the same
village and have a dispute regarding the land.
That the informant is arrogant person and has
15.
enmity with some other villagers, as a result of
the same on 25.06.2022, the informant and others
fought with other, and they sustained injuries but
later after well plan the informant cooked a false
and fabricated story to falsely implicate the
applicant and his brothers in the said case crime.
That here it is relevant to mention that the
16.
applicant and his brothers were not in the village
at the time of the incident and they were in
Punjab, where they were working since long back.
That the applicant and his brothers have been
17.
arrested by the concerned police on 11.08.2022,
when the applicant and his brothers were retruned
to their village on occation of the Rakshabandhan,
which has been itself clered by the arresting
memo.
That there is no independent witness of the case
18.
crime, which also creat doubts upon the
prosecution story.
That it is also relevant to mention here that no
19.
case is made out against the applicant as alleged
in the said application and the applicant has
never committed any offence as alleged.
That it is relevant to mention here that the
20.
applicant was falsely implicated by the informant
in said case crime with the collusion of the
concerned police.
That the applicant has no concern with the said
21.
offence committed with the informant but then he
was falsely implicated in said case crime.
That there is no credible evidence on record,
22.
which could show that the applicant is guilty or
committed this crime in question and the evidence
available on record, itself shows that no prima
facie offence under Sections 307, 308, 323, 504,
506, 427, 325 of I.P.C. registered, in the
interest of Justice. is made out against the
applicant.
That without proper investigation of the case
23.
crime, the investigating officer has submitted the
charge against the applicant and his brothers
bearing charge sheet No. 228 of 2022 under Section
307, 308, 323, 504, 506, 427, 325 of I.P.C. on
03.10.2022
That neither any evidence was found against the
24.
applicant nor has any motive been assigned to the
applicant in the present case except general
allegations against the applicant.
That since the applicant has not committed any
25.
offence as alleged but he has been falsely
implicated and has no involvement in the said case
as alleged in the first information report.
That apart of the instant case, which has been
26.
lodged by the informant on basis of the fact,
there is no criminal history of the applicant.
That the applicant moved bail application bearing
27.
No. 3759 of 2022 before Additional Session Judge,
Room No. 3, Pratapgarh, and his bail application
has been rejected by the court concerned on
17.01.2023. The free certified copy of the order
dated 17.01.2023 passed by the court concerned is
being annexed as Annexure No. 7 to this affidavit.
That the applicant is languishing in jail since
28.
11.08.2022 without committing any offense as
alleged by the informant.
That there is no possibility of the applicant’s
29.
conviction because he has not committed the crime
in question as alleged by the informant.
That the applicant undertakes that he will not
30.
misuse the liberty of bail if so granted by this
Court.
That there is no chance of the applicant
31.
absconding or tempering with the prosecution
witnesses.
That the applicant is ready to furnish the
32.
security and bond and also undertake that he will
be never misused the liberty of bail.
That in view of the above, it would be expedient
33.
and necessary in the interest of justice that the
applicant be enlarged on bail in connection to
Case Crime No. 169 of 2022 under Sections 307,
308, 323, 504, 506, 427, 325 of I.P.C. registered
at Police Station – Maheshganj, District –
Pratapgarh, in the interest of Justice during the
pendency of case.
Lucknow
Date : .2023 Deponent
VERIFICATION
I, the deponent, do hereby verify that the contents of
para of the accompanying affidavit 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: .2023 Deponent
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,
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.
OATH COMMISSIONER
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD,
LUCKNOW BENCH, LUCKNOW
Criminal Misc. Case No. (B)of 2023
Kallu Yadav ...Applicant
(In Jail from 11.08.2022)
Versus
State of Uttar Pradesh ....Opposite Party
INDEX
Sr.No
Particulars Page No.
Application for bail under section
439 Cr.P.C.
1.
Affidavit in support of
2.
application
Annexure No. 1
3.
The photo/typed copy of the first
information report dated
02.07.2022
Annexure No. 2
4.
The photo/typed copies of the
medical reports dated 25.06.2022
of the injured
Annexure No. 3
5.
The photo/ typed copies of the
S.T. Scan reports of the injured
persons dated 25.06.2022
Annexure No. 4
6.
The photo/ typed copies of the
supplementary medical reports of
the injured dated 06.08.2022 &
01.10.2022
Annexure No. 5
7.
The typed copy of the statement of
the informant dated 03.07.2022
Annexure No. 6
8.
The typed copy of the statements
of the injured
Annexure No. 7
9.
The free certified copy of the
order dated 17.01.2023 passed by
the court concerned
ID proof of the deponent
10.
Memo
11.
Lucknow (Pradeep Kumar Singh ‘Bisen’)
Advocate
Date: .2023 Counsel for the Applicant
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD,
LUCKNOW BENCH, LUCKNOW
Criminal Misc. Case No. (B)of 2023
Kallu Yadav Versus State of Uttar Pradesh
Typed copy of Annexure No.
03-07-2022
c;ku oknh eqdnek Jh v;ks/;k çlkn iq= Lo0 x;knhu mez 60
o"kZ fuoklh xzke frj{kk Fkkuk egs'kxat tuin çrkix<+
cnfj;k¶r iwNrkN ij crk jgs gS fd ?kVuk fnukd
25@6@2022 le; djhc 7-30 cts lqcg dh gSA tehuh fookn
dks ysdj xk¡o ds gh dU/kbZ ;kno rhjFk ;kno dYyw ;kno]
vt; ;kno lqrx.k cæh çlkn fuå xzkå frj{kk Fkkuk egs'kxat
tuin çrkix< ykBh M.Mk o yksgs dh jkM ysdj o QkoMk
ysdj esjh Hkwfe ij dCtk djus yxs tc esjs yM+ds jkeujs'k
us fojks/k fd;k rks mä foi{kh x.kksa us tku ls ekj Mkyus
dh fu;r ls ekjs ftlls çkFkhZ dks dkQh pksV vk x;h chp
cpko djus vk;h esjh cgw fouhrk dks Hkh ekjs ftlls esjh
cgw dks flj ij pksV vk x;h vkSj og csgks'k gks x;hA mä
foi{kh x.kksa us esjs ukrh foosd mez 16 o"kZ dks Hkh
ekjk ihVk ftlls esjs ifjokjh tu dks xEHkhj pksV vk x;h vkSj
çkFkhZ ds gYyk xqgkj epkus ij vkl ikl ds yksxks dks vkrs
ns[kdj mä foi{khx.kksa us ek¡ cgu dh xkyh nsrs gq,
njokts ij j[ks dherh ?kjsyw lkekuksa dks leku dks u"V
djrs gq, iwjs ifjokj dks tku ls ekj Mkyus dh /kedh nsrs
gq, ogka ls Hkkx x;s rFkk eSaus vkuu Qkuu esa Mk;y
108 ,EcqysUl dks Qksu djds cqyk;k çkFkfed mipkj gsrq
lhå,pålhå egs'kxat ys vk;s- tgk¡ MkDVjks us jsQj dj fn;k
gkyr [kjkc gksus ds dkj.k dqUMk lh0,p0lh0 ys x;s fdUrq
mä çkFkhZ dh ifjokjh tu dh gkyr Bhd u gksus ds dkj.k
Lo:i jkuh esfMdy dkyst ç;kxjkt jsQj dj fn;k tgk¡ vHkh Hkh
bykt py jgk gSA ;gha esjk c;ku gSA gLo c;ku vfdr fd;k
x;kA
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD,
LUCKNOW BENCH, LUCKNOW
Criminal Misc. Case No. (B)of 2023
Kallu Yadav Versus State of Uttar Pradesh
Typed copy of Annexure No.
25-07-2022
c;ku et:ck Jherh fouhrk ;kno iRuh jkeujs'k mez 37 o"kZ
fu0 xzke frjNk Fkkuk egs'kxat tuin çrkix< cnfj;k¶r
iwNrkN ij crk jgh gS fd ?kVuk fnukad 25@6@2022 le;
djhc 7-30 cts lqcg dh gSA tehuh fookn dks ysdj xk¡o ds
gh dU/kbZ ;kno] rhjFk ;kno] dYyw ;kno vt; ;kno lqrx.k
cnzh çlkn fuå xzkå frj{kk Fkkuk egs'kaxt tuin çrkix<
ykBh M.Mk o yksgs dh jkM ysdj o QkoMk ysdj esjh
Hkwfe ij dCtk djus yxs tc esjs ifr jkeujs'k us fojks/k fd;k
rks mä foi{kh x.kksa us tku ls ekj Mkyus dh fu;r ls muij
geyk dj fn;kA ftlls esjs ifr dks dkQh pksV vk x;h chp cpko
djus tc eSa vk;h rks eq>dks Hkh ekjs ftlls esjs flj ij Hkh
xEHkhj pksV vk x;hA mä foi{kh x.kksa us esjs iq= foosd
mez 16 o"kZ dks Hkh ekjk ihVk ftlls mldks Hkh xEHkhj
pksV vk x;hA eSa ekSds ij csgks'k gks x;h FkhA tc eq>s
gks'k vk;k rks eSa vLirky esa csM ij FkhA esjk bZykt Lo:i
jkuh vLirky ç;kxjkt esa gqvk gSAA ;gh esjk c;ku gSA gLo
c;ku vafdr fd;k x;kA
24-09-2022
c;ku et:c jkeujs”k iq= Jh vk;ks/;k izlkn mez 40 o’kZ fuoklh
xzke frjNk] Fkkuk egs”kxat tuin çrkix<+ us cnfj;k¶r iwN
rkN ij c;ku fd;k fd lkgc fnukad 25@06@2022 dks le; djhc
07-30 cts lqcg tehuh fookn dks ysdj esjs xkao ds gh
dUgS;kyky ;kno mQZ dU/kbZ rhjFkjkt ;kno —".kdqekj
mQZ dYyw] vt; ;kno iq= x.k cnzh çlkn ;kno us ykBh
MUMksa o QkoM+k ysdj esjh Hkwfe ij dCtk djus yxs tc
eSus jksdk rks mä yksxks us eq>s xkyh xykSt djrs gq,
tku ls ekj Mkyus dh uh;r ls esjs Åij tkuysok geyk dj fn;k
Fkk ftlls eq>s xEHkhj pksVsa vk;h Fkh esjk gkFk Hkh
VwV x;k Fkk tc chp cpko djus esjh iRuh fouhrk o yM+dk
foosd vk;s rks mu yksxksa us mu ij Hkh tkuysok geyk dj
fn;k vkSj mudks Hkh cqjh rjg ls ekjk ihVk Fkk ekjihV ls
esjh iRuh fouhrk dks Hkh dkQh pksVsa vk;h Fkh ftlls og
ekSds ij gh csgks'k gks x;h FkhA xko okyks ds chp cpko
djus ij mijksä yksx tku ls ekj Mkyus dh /kedh nsrs gq,
esjs njokts ij j[kh pkjikbZ o crZu rksM+ fn;s Fks vkSj ogk¡
ls pys x;s FksA ;gh esjk c;ku gSA gLo c;ku ntZ fd;k x;kA
c;ku et:c foosd dqekj iq= jkeujs'k ;kno mez 16 o"kZ
fuoklh xzke frjNk Fkkuk egs'kxat tuin çrkix<+ us cnfj;k¶r
iwN rkN ij vius firk ds c;ku dk iw.kZ leFkZu djrs gq, crk;k
fd lkgc fnukad 25@06@2022 dks le; djhc 07-30 cts lqcg
tehuh fookn dks ysdj gekjs gh xkao ds dUgS;kyky ;kno
mQZ dU/kbZ rhjFkjkt ;kno d`".k dqekj mQZ dYyw]
vt; ;kno iq= x.k cnzh çlkn ;kno us ykBh MUMk o QkoMk
ysdj gekjh tehu ij dCtk djus yxs rks esjs ikik us mudks
jksdk Fkk rc mu yksxksa us esjs ikik dks xkyh xykSt djrs
gq, tku ls ekj Mkyus dh uh;r ls muij tkuysok geyk dj fn;k
Fkk ftlls mudks dkQh xEHkhj pksVs vk;h vkSj mudk gkFk
Hkh VwV x;k Fkk tc esa o esjh eEeh fouhrk x;s rks mu
yksxksa us yksxksa ij Hkh tkuysok geyk dj fn;k vkSj ge
nksuksa dks Hkh cgqr ekjk ihVk Fkk ekjihV ls esjh eEeh
dks o eq>dks dkQh pksVsa vk;h Fkh esjh eEeh rks
ekSds ij gh csgks'k gksdj x;h FkhA xkao okyksa us vkdj
chp cpko fd;k Fkk rc mijksDr yksx tku ls ekj Mkyus dh
/kedh nsrs gq, esjs njokts ij j[kh pkjikbZ o crZu rksMdj
ogk¡ ls pys x;s FksA ;gh esjk c;ku gSA gLo c;ku ntZ fd;k
x;kA
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD,
LUCKNOW BENCH, LUCKNOW
Criminal Misc. Case No. (B)of 2023
Kallu Yadav Versus State of Uttar Pradesh
Typed copy of Annexure No.
Physical Assult
E-3564
Examined Vineeta Devi 35 yers W/o Ram Naresh Yadav R/o
Vill Tircha Post Peeng P/S Maheshganj, PBH at CHC Kunda
at 10.30 AM on 25.06.22
B/B – Awdhesh Yadav (Brother) 9452542013
M/I
Injuries –
Lacerated wound Lt hap occipital over of skull
1.
size above 1.0cm bleeding above just 7.0cm above to
Lt eye. Adv X-ray skull AP, Lat
Contused skull of Lt upper arm size 4.0 cm X 3.0
2.
cm reddish color . Adv X-ray upper arm AP, Lat
Contused skull a tip of Rt shoulder size 6.cm X 4.0
3.
cm reddish color. Ad X-ray Lt shoulder AP, Lat
Complaint of . Adv X-ray 2-5
4.
Opinion –
All injuries kept under observation and refer to
SRN Hospital, Prayagraj for further treatment and
expert opinion.
RTI Sd. Illegible
Physical Assult
E-3566
Examined Ram Naresh Yadav 40 yers S/o Ayodhya Prasad
R/o Vill Tircha Post Peeng P/S Maheshganj, PBH at CHC
Kunda at 10.34 AM on 25.06.22
B/B – Awdhesh Yadav (Brother-in-law) 9452542013
M/I
Injuries –
Swelling on Lt lover 1/3 of forearm size 8.0 cm x 4.0cm
reddish color, Adv X-ray Lt forearm wrist AP, Lat
Swelling occipital area of skull size 3.0 cm x 3.0 cm
reddish color. Adv X-ray skull AP, Lat
Opinion –
All injuries kept under observation and refer to
SRN Hospital, Prayagraj/District Hospital, PBH for
further treatment and expert opinion.
RTI Sd. Illegible
Physical Assult
E-3566
Examined Vivek Yadav 16 yers S/o Ram Naresh Yadav R/o
Vill Tircha Post Peeng P/S Maheshganj, PBH at CHC Kunda
at 10.32 AM on 25.06.22
B/B – Awdhesh Yadav (Uncle - Mama) 9452542013
M/I
Injuries –
Swelling on Rt Tempow occipital eNCE of skull size
1.
8.0cm x 5.0cm reddish color, Ad X-ray skull AP, Lat
Swelling on occipital eNCE of skull size 4.0 cm x
2.
3.0 cm reddish color. Adv X-ray AP, Lat
Complain of pain in Lt shoulder. Adv X-ray Lt
3.
shoulder AP, Lat
Complaint of , Adv X-ray L.S. Spine AP view
4.
Opinion –
All injuries kept under observation and refer to
SRN Hospital, Prayagraj for further ................
treatment and expert opinion.
RTI Sd. Illegible
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD,
LUCKNOW BENCH, LUCKNOW
Criminal Misc. Case No. (B)of 2023
Kallu Yadav Versus State of Uttar Pradesh
Typed copy of Annexure No.
Department of Radiology
M.L.M. medical college
S.R.N. Hospital, Prayagraj
Name of patient - Vivek H/O Hi S.NO. 39354/147293 Age
16 Yr. Sex M. Date 25 June 2022
CT. SCAN REPORT NCCT HEAD
Scalp hematoma of maximum thickness 28 min is noted
·
in right fento panietal region.
Linear undisplaced fracture of right parietal bone
·
exterding upto right occipital bone.
Hemorihogic cerebral contusion in right frentol
·
region.
Subdural hematoma of size 74x6 mm is noted in right
·
frontopanietol regin.
For calcified qranulome of maximum size 3mm in
·
right panietal right frontal region.
Sd. Illegible
DR. Mukesh Pant
MD Radiodiogra
Assistant Professor
Department of Radiology
M.L.M. medical college
S.R.N. Hospital, Prayagraj
Name of patient – Ram Naresh S.NO. 39354/13990 Age 55
Yr. Sex M. Date 25.06.2022
CT. SCAN REPORT NCCT WRIST
Fracture of lower end of radius.
Rest visual 2nd bone normal.
Sd. Illegible