| Prompt: | |
| Generate a Bail Application involving the following key legal details: | |
| - CASE: Crime No. 303 of 2022 | |
| - DISTRICT: Not available | |
| - BAIL APPLICATION: Not available | |
| --- | |
| Output: | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD, | |
| LUCKNOW BENCH, LUCKNOW | |
| Criminal Misc. Case No. (B) of 2023 | |
| Umesh Verma aged about 28 years son Shri Ram Awadh | |
| Verma resident of Village - Karmajeetpur, Police | |
| Station - Kandhai, District – Pratapgarh | |
| .....Applicant | |
| (In Jail from 15.07.2022) | |
| Versus | |
| State of Uttar Pradesh through Additional Chief | |
| Secretary, Home, Civil Secretariat, Government of U.P., | |
| Lucknow | |
| .....Opposite Party | |
| Case Crime No. 303 of 2022 | |
| U/S 307, 504, 506, 120B of I.P.C. | |
| Police Station - Kandhai | |
| District – Pratapgarh | |
| Bail application rejected by | |
| Additional Session Judge, Court | |
| No. 3, Pratapgarh, on 28.09.2022 | |
| 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. 303 of | |
| 2022 under Sections 307, 504, 506, 120B of IPC | |
| registered at Police Station – Kandhai, District – | |
| Pratapgarh, in the interest of Justice. | |
| Lucknow (Pradeep Kumar Singh ‘Bisen’) | |
| Advocate | |
| Date: .2023 Counsel for the Applicant | |
| Case Crime No. 303 of 2022 | |
| U/S 307, 504, 506, 120B of I.P.C. | |
| Police Station - Kandhai | |
| District – Pratapgarh | |
| Bail application rejected | |
| by Additional Session Judge, | |
| Court No. 3, Pratapgarh, on 28.09.2022 | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD, | |
| LUCKNOW BENCH, LUCKNOW | |
| Criminal Misc. Case No. (B) of 2023 | |
| Umesh Verma | |
| ...Applicant | |
| (In Jail from 15.07.2022) | |
| Versus | |
| State of Uttar Pradesh ....Opposite Party | |
| AFFIDAVIT | |
| (In support of bail application) | |
| I, Ram Awadh aged about 66 years son of Shri Budhu | |
| resident of Village – Karmajitpur, Dileeppur, Police | |
| Station – Kandhai, District – Pratapgarh, Religion – | |
| Hindu, Education – Illiterate, Occupation – | |
| Agriculture, do hereby solemnly affirm and state on | |
| oath as under :- | |
| That the deponent is the father/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 he is fully | |
| conversant with the facts of the case and deposed | |
| as under. The ID Proof of the deponent is enclosed | |
| and his 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 him 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. | |
| 13.07.2022, the informant Smt. Pooja Verma wife of | |
| Manish Verma resident of Village - Karmajeetpur, | |
| Police Station - Kandhai, District – Pratapgarh | |
| (hereinafter referred to as ‘informant’) lodged a | |
| first information report bearing Case Crime No. | |
| 303 of 2022 under Sections 307, 504, 506 of I.P.C. | |
| at Police Station – Kandhai, District – Pratapgarh | |
| against the brothers of the applicant and two | |
| unknown persons with regard to attempt to murder | |
| of the husband of the informant by firing upon him | |
| with regarding to incident dated 12.07.2022. The | |
| photo/typed copy of the first information report | |
| dated 13.07.2022 is being annexed herewith as | |
| Annexure No. 01 to this affidavit. | |
| That the applicant is languishing in jail since | |
| 5. | |
| 15.07.2022 without committing any offense as | |
| alleged by the informant. | |
| That the prosecution of the informant is nutshell | |
| 6. | |
| is that on 12.07.2022 around 19.30 hours, the | |
| brother of the applicant called the husband of the | |
| informant. Thereafter the informant heard a | |
| gunfire then he heard that her husband has been | |
| injured and the brothers of the applicant and two | |
| unknown were involve in said incident. | |
| That the applicant is not named in the first | |
| 7. | |
| information report by the informant. | |
| That the medical of the injured/informant was | |
| 8. | |
| conducted initially at District Hospital, | |
| Pratapgarh on 12.07.2022. According to the medical | |
| report of the injured, he sustained two injuries | |
| i. on nose and ii. on chest. The photo/typed copy | |
| of the medical report dated 12.07.2022 of the | |
| injured is being annexed herewith as Annexure No. | |
| 2 to this affidavit. | |
| That the statement of the informant has been | |
| 9. | |
| recorded under Section 161 of Cr.P.C. by the | |
| concerned police on 13.07.2022, in which she | |
| changed the version first information report and | |
| named the applicant and stated that the applicant | |
| gave a mobile to the informant and talking to her. | |
| When the informant made a compliant her husband | |
| then the applicant and his brothers gave life | |
| threat to her husband and on 12.07.2022 they | |
| attempted for murder. The typed copy of the | |
| statement of the informant dated 13.07.2022 is | |
| being annexed herewith as Annexure No. 3 to this | |
| affidavit. | |
| That the statement of the sister of the injured | |
| 10. | |
| also recorded by the concerned police on | |
| 13.07.2022 under Section 161 of Cr.P.C., in which | |
| she almost repeated the statement of the | |
| informant. The typed copy of the sister of the | |
| injured dated 13.07.2022 is being annexed herewith | |
| as Annexure No. 4 to this affidavit. | |
| That thereafter on 14.07.2022, the statement of | |
| 11. | |
| the injured has been recorded under Section 161 of | |
| Cr.P.C., in which he stated another motive and | |
| stated that the applicant fired by revolver at his | |
| forehead. The typed copy of the injured dated | |
| 14.07.2022 is being annexed herewith as Annexure | |
| No. 5 to this affidavit. | |
| That the version of the injured has not | |
| 12. | |
| collaborated with the medical report as the | |
| injured sustained injuries on his nose and chest. | |
| If the applicant fired upon the injured at his | |
| forehead via close range then it is not possible | |
| that the injured sustained injuries on nose and | |
| chest. | |
| That there it is also relevant to mention that the | |
| 13. | |
| as per prosecution, the applicant and his brothers | |
| themselves brought the injured to the hospital. If | |
| the applicant and his brothers have motive to | |
| murder the injured then why he was brought to the | |
| hospital by the applicant and his brother. | |
| That the injured thereafter went to S. R. N. | |
| 14. | |
| Hospital, Prayagraj 13.07.2022 for his treatment | |
| without any advice or reference of the doctor | |
| concerned and without getting treatment leave the | |
| said hospital. | |
| That again on 13.07.2022, the injured admitted | |
| 15. | |
| himself in Parvati Hospital Pvt. Ltd., Prayagraj, | |
| where he mentioned that he sustained the injuries | |
| due to road accident and after treatment | |
| discharged on 22.07.2022. The photo/typed copy of | |
| the admission and discharge summary of the injured | |
| issued by Parvati Hospital Pvt. Ltd., Prayagraj | |
| being annexed herewith as Annexure No. 6 to this | |
| affidavit. | |
| That the applicant and his brothers have been | |
| 16. | |
| arrested from the District Hospital, Pratapgarh on | |
| 13.07.2022 and for showing the good work, the | |
| investigating officer shown the arresting of the | |
| applicant and his brother from another place on | |
| 15.07.2022, in which shown the recovery of the | |
| alleged fire arm from the applicant. The | |
| photo/typed copy of the recovery cum arrest memo | |
| dated 15.07.2022 is being annexed herewith as | |
| Annexure No. 7 to this affidavit. | |
| That the real fact of the case is that the | |
| 17. | |
| applicant and injured are residing in same village | |
| and having enmity due to village party bandi. | |
| That on 12.07.2022, the injured was trying to | |
| 18. | |
| remove the bullet from the katta at alleged place | |
| of incident at that time katta blasted and the | |
| injured sustained the injuries and then being | |
| villager, the applicant his brother brought him to | |
| hospital for the treatment of the injured. | |
| That meanwhile the informant lodged the first | |
| 19. | |
| information report next day i.e. on 13.07.2022 | |
| without knowing the fact of the case against the | |
| brothers of the applicant. | |
| That thereafter the applicant and his brothers | |
| 20. | |
| have been arrested by the concerned police from | |
| hospital and prepared forged recovery memo showing | |
| the recovery of the alleged fire arm from the | |
| applicant. | |
| That it is also relevant to mention here that no | |
| 21. | |
| case is made out against the applicant as alleged | |
| in the said application and applicant has never | |
| committed any offence as alleged. | |
| That it is relevant to mention here that the | |
| 22. | |
| applicant was falsely implicated by the informant | |
| in said case crime with collusion of the concerned | |
| police. | |
| That the applicant has no concerned with said | |
| 23. | |
| offence committed with the informant but the he | |
| was falsely implicate in said case crime. | |
| That there is no credible evidence on record, | |
| 24. | |
| 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, 504, 506, 120B | |
| of IPC registered, in the interest of Justice. is | |
| made out against the applicant. | |
| That neither any evidence was found against the | |
| 25. | |
| 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 | |
| 26. | |
| offence as alleged but he has been falsely | |
| implicated and has no any involvement in the said | |
| case as alleged in first information report. | |
| That the applicant has been falsely implicated in | |
| 27. | |
| another case apart from the above mentioned case, | |
| which is as under: | |
| Case Crime No. 306 of 2022 under Sections 323, | |
| i. | |
| 504, 506, 325 of IPC at Police Station – | |
| Kandhai, District – Pratapgarh, in which the | |
| applicant has been granted the bail by the | |
| court concerned on 05.12.2022. The photocopy of | |
| the order dated 05.12.2022 passed by court | |
| concerned is being annexed as Annexure No. 8 to | |
| this affidavit. | |
| That apart from above mentioned cases there is no | |
| 28. | |
| criminal history against the applicant. | |
| That the applicant moved bail application bearing | |
| 29. | |
| No. 2851 of 2022 before Additional Session Judge, | |
| Room No. 3, Pratapgarh, and his bail application | |
| has been rejected by the court concerned on | |
| 28.09.2022. The free copy of the order dated | |
| 28.09.2022 misplaced by the deponent therefore | |
| certified copy of the order is being annexed with | |
| this affidavit. The certified copy of the order | |
| dated 28.09.2022 passed by court concerned is | |
| being annexed as Annexure No. 9 to this affidavit. | |
| That the applicant in jail since 15.07.2022 | |
| 30. | |
| without committing any offence as alleged against | |
| the applicant by the informant. | |
| That there is no possibility of the applicant’s | |
| 31. | |
| conviction because he has not committed the crime | |
| in question as alleged by the informant. | |
| That the applicant undertakes that he will not | |
| 32. | |
| misuse the liberty of bail if so granted by this | |
| Court. | |
| That there is no chance of the applicant | |
| 33. | |
| absconding or tempering with the prosecution | |
| witnesses. | |
| That the applicant is ready to furnished the | |
| 34. | |
| 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 | |
| 35. | |
| and necessary in the interest of justice that the | |
| applicant be enlarged on bail in connection to | |
| Case Crime No. 303 of 2022 under Sections 307, | |
| 504, 506, 120B of IPC registered at Police Station | |
| – Kandhai, District – Pratapgarh, in the interest | |
| of Justice during 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 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 | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD, | |
| LUCKNOW BENCH, LUCKNOW | |
| Criminal Misc. Case No. (B)of 2023 | |
| Umesh Verma ...Applicant | |
| (In Jail from 15.07.2022) | |
| 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 | |
| 13.07.2022 | |
| Annexure No. 2 | |
| 4. | |
| The photo/typed copy of the | |
| medical report dated 12.07.2022 of | |
| the injured | |
| Annexure No. 3 | |
| 5. | |
| The typed copy of the statement of | |
| the informant dated 13.07.2022 | |
| Annexure No. 4 | |
| 6. | |
| The typed copy of the sister of | |
| the injured dated 13.07.2022 | |
| Annexure No. 5 | |
| 7. | |
| The typed copy of the injured | |
| dated 14.07.2022 | |
| Annexure No. 6 | |
| 8. | |
| The photo/typed copy of the | |
| admission and discharge summary of | |
| the injured issued by Parvati | |
| Hospital Pvt. Ltd., Prayagraj | |
| Annexure No. 7 | |
| 9. | |
| The photo/typed copy of the | |
| recovery cum arrest memo dated | |
| 15.07.2022 | |
| Annexure No. 8 | |
| 10. | |
| The photocopy of the order dated | |
| 05.12.2022 passed by court | |
| concerned | |
| Annexure No. 9 | |
| 11. | |
| The certified copy of the order | |
| dated 28.09.2022 passed by court | |
| ID proof of the deponent | |
| 12. | |
| Memo | |
| 13. | |
| Lucknow (Pradeep Kumar Singh ‘Bisen’) | |
| Advocate | |
| Date: .2023 Counsel for the Applicant | |