| Prompt: | |
| Generate a Bail Application involving the following key legal details: | |
| - CASE: Crime No. 173 of 2021 | |
| - DISTRICT: Barabanki | |
| - BAIL APPLICATION: Bail Application No. 1712 of 2022 | |
| --- | |
| Output: | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD | |
| LUCKNOW BENCH : LUCKNOW | |
| CRL. MISC. CASE NO. (B) OF 2022 | |
| Chhotu alias Gajendra Pratap Singh son of Shri Satguru | |
| Sharan Singh resident of Village – Deeha hamlet of | |
| Kithai, Police Station – Dariyabad, District – | |
| Barabanki | |
| ....Accused/Applicant | |
| (In Jail since 29.10.2021) | |
| Versus | |
| State of Uttar Pradesh through Additional Chief | |
| 1. | |
| Secretary, Home, Civil Secretariat, Government of | |
| U.P., Lucknow | |
| ABC, Informant of Case Crime No. 173 of 2021 under | |
| 2. | |
| Sections 363, 366, 376 of IPC and 3/4 of The | |
| Protection of Children from Sexual Offences Act, | |
| 2012 related to the Police Station – Dariyabad, | |
| District – Barabanki service of notice through | |
| Investigating Officer/ S.H.O. Dariyabad, District – | |
| Barabanki | |
| Child Welfare Committee, District – Barabanki | |
| 3. | |
| High Court Legal Service Committee, High Court, | |
| 4. | |
| Lucknow | |
| ..........Opposite Party | |
| Case Crime No.: 173 of 2021 | |
| Under Section : 363, 366, 376 of | |
| IPC and 3/4 of The Protection of | |
| Children from Sexual Offences Act, | |
| 2012 | |
| Police Station :Dariyabad | |
| District :Barabanki | |
| First Bail Application No. 1712 of | |
| 2022 has been rejected on | |
| 18.05.2022 by this Hon'ble High | |
| Court. | |
| SECOND 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. 173 of 2021 under | |
| Sections 363, 366, 376 of IPC and 3/4 of The | |
| Protection of Children from Sexual Offences Act, 2012 | |
| related to the Police Station – Dariyabad, District – | |
| Barabanki during the pendency of his trial, in the | |
| interest of justice. | |
| Lucknow (Pradeep Kumar Singh ‘Bisen’) | |
| Advocate | |
| Date: .2022 Counsel for the Applicant | |
| Note: | |
| The first bail application filed by the applicant | |
| bearing Crl. Misc. Case No. 1712 (B) of 2022 (Chhotu | |
| alias Gajendra Pratap Singh Vs State of U.P.) has been | |
| rejected on 18.05.2022 by Hon’ble Justice Dinesh Kumar | |
| Singh ‘J’. | |
| Lucknow (Pradeep Kumar Singh ‘Bisen’) | |
| Advocate | |
| Date: .2022 Counsel for the Applicant | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLHABAD | |
| LUCKNOW BENCH: LUCKNOW | |
| CRL. MISC. CASE NO. (B) OF 2022 | |
| Chhotu alias Gajendra Pratap Singh | |
| ....Accused/Applicant | |
| (In Jail since 29.10.2021) | |
| Versus | |
| State of U.P. and others .......Opposite Parties | |
| AFFIDAVIT | |
| (In support of first bail application) | |
| I, Smt. Ruchi Singh aged 23 years wife of Shri | |
| Gajendra Pratap Singh resident of Village – | |
| Deehanehighat, Birkithai, Tahsil – Sirauli Gauspur, | |
| Police Station – Dariyabad, District - Barabanki, | |
| Religion – Hindu, Occupation – Housewife, | |
| Qualification – Literate, deponent do hereby | |
| solemnly affirm and state as under :- | |
| That the deponent is the wife of the applicant | |
| 1. | |
| and doing pairvi of the aforesaid case and as | |
| such she is fully conversant with the facts of | |
| the case deposed herein under. | |
| That the photograph of the deponent is being | |
| 2. | |
| pasted on the first page of this affidavit and | |
| photocopy of ID proof of the deponent is being | |
| annexed with this affidavit. | |
| That this is the second bail application on | |
| 3. | |
| behalf of the applicant on new grounds before | |
| this Hon'ble High Court. Earlier the first bail | |
| application filed by the applicant bearing Crl. | |
| Misc. Case No. 1712 (B) of 2022 (Chhotu alias | |
| Gajendra Pratap Singh Vs State of U.P.) has been | |
| rejected on 18.05.2022 by Hon’ble Justice Dinesh | |
| Kumar Singh ‘J’. This is the second bail | |
| application of the applicant before the Hon'ble | |
| Court and no other bail application is pending | |
| before in any court of law on his behalf. The | |
| photocopy of the order dated 18.05.2022 passed by | |
| this Hon'ble High Court is being annexed herewith | |
| as Annexure No. 1 to this affidavit. | |
| That the brief fact of the case for proper | |
| 4. | |
| adjudication is being before this Hon'ble Court. | |
| That the first information report was logged by | |
| 5. | |
| the opposite party No. 2 on the 05.10.2021 at | |
| 18.55 hours against the applicant and 3 others | |
| registered as Case Crime No. 173 of 2021 under | |
| Sections 363, 366 of IPC relating to Police | |
| Station – Dariyabad, District – Barabanki | |
| regarding the incident dated 27.09.2021. The | |
| photo/type copy of the first information report | |
| dated 05.10.2021 is being annexed herewith as | |
| Annexure No. 2 to this affidavit. | |
| That according to the First Information Report | |
| 6. | |
| lodged by the informant, the prosecution story is | |
| in nutshell that on 27.09.2021 around 15.00 | |
| hours, the minor daughter of the opposite party | |
| No. 2 has been abducted by the applicant and | |
| others and the opposite party No. 2 tried his | |
| best to find out but his daughter is still | |
| missing. | |
| That the alleged incident which was occurred on | |
| 7. | |
| 27.09.2021 at 15.00 hours but the first | |
| information report has been lodged after 8 days | |
| delayed i.e. on 05.10.2021 at 18.55 hours about | |
| without giving any explanation with regard to | |
| delay caused in lodging first information report, | |
| which is already questionable and doubtful as the | |
| opposite party No. 2 and his family lodged | |
| aforesaid first information after legal advice. | |
| That the statement of the opposite party No. 2 | |
| 8. | |
| was recorded by the concerned police under | |
| Section 161 of Cr.P.C., in which he changed the | |
| date of alleged incident from 27.09.2021 to | |
| 29.09.2021 and rest repeated his first | |
| information report. The typed copy of the | |
| statement of the opposite party No. 2 recorded by | |
| the concerned police is being annexed herewith as | |
| Annexure No. 3 to this affidavit. | |
| That the victim i.e. daughter of the opposite | |
| 9. | |
| party No. 2 has been recovered by the concerned | |
| police on 06.10.2021 and her statement has been | |
| recorded by the concerned police under Section | |
| 161 of Cr.P.C., in which she stated that the | |
| applicant had abducted her on 29.09.2021 and | |
| committed rape with her on 01.10.2021. The | |
| opposite party No. 2 stated in his first | |
| information report that his daughter abducted on | |
| 27.09.2021. The typed copy of the statement of | |
| the victim dated 06.10.2021 recorded by the | |
| concerned police is being annexed herewith as | |
| Annexure No. 4 to this affidavit. | |
| That the medical of the victim has been conducted | |
| 10. | |
| on 08.10.2022 by the doctor concerned. During | |
| medical the victim said that the applicant molest | |
| her and she returned to village on 03.10.2021. | |
| The age of the victim ascertained 11 years by the | |
| doctor concerned and there were no spermatozoa | |
| found. The photo/typed copy of the medical of the | |
| victim dated 08.10.2021 is being annexed herewith | |
| as Annexure No. 5 to this affidavit. | |
| That the statement of the victim under Section | |
| 11. | |
| 164 of Cr.P.C. is being recorded by the concerned | |
| Magistrate on 22.10.2021 i.e. after more than 16 | |
| days after alleged recovery of the victim. The | |
| victim stated in her statement that after | |
| commission of rape with her, she sent to her | |
| house on 03.10.2021 by the applicant’s brother. | |
| The photo/typed copy of the statement of the | |
| victim under Section 164 of Cr.P.C. dated | |
| 22.10.2021 is being annexed herewith as Annexure | |
| No. 6 to this affidavit. | |
| That the victim was reached to her house on | |
| 12. | |
| 03.10.2021 but opposite party No. 2 and other | |
| have lodged the first information report against | |
| the applicant on 05.10.2021, after taking legal | |
| advice in which the concerned police helped the | |
| opposite party No. 2 for extraneous reasons, | |
| which was offered by the real culprit of the case | |
| crime. | |
| That the applicant is innocent and he has falsely | |
| 13. | |
| been implicated by the opposite party No. 2 and | |
| the said first informant report just to take | |
| revenge with the applicant due to certain | |
| reasons, while no such incident has taken place | |
| as alleged by the opposite party No. 2. | |
| That the real fact of the case is that one | |
| 14. | |
| Kuldeep son of Shri Ram Adhar Yadav resident of | |
| Village – Deeha hamlet of Kithai, Police Station | |
| – Dariyabad, District – Barabanki (hereinafter | |
| referred to as ‘main accused’). | |
| That there is a land dispute between the family | |
| 15. | |
| members of the applicant and main accused of the | |
| case crime since long back and a civil suit is | |
| pending before the court concerned. | |
| That the daughter of the opposite party No. 2 | |
| 16. | |
| having relation with the main accused since long | |
| time. | |
| That the family members of the main accused | |
| 17. | |
| several time threaten the applicant’s family to | |
| face consequences of dispute, which is pending | |
| before them. | |
| That when the opposite party No. 2 came to know | |
| 18. | |
| about the relationship of the main accused and | |
| his daughter then the main accused and his family | |
| conspire against the applicant and his family | |
| along with the opposite party No. 2. | |
| That the main accused and his family members paid | |
| 19. | |
| huge amount to the opposite party No. 2 after | |
| selling his land for falsely implicating the | |
| applicant in false case of rape allegation. | |
| That thereafter the false case has been lodged | |
| 20. | |
| against the applicant and main accused itself | |
| with the help of the concerned police for | |
| extraneous reasons. | |
| That here it is relevant to mention that if the | |
| 21. | |
| allegation of the opposite party No. 2 is correct | |
| then why the first information report lodged on | |
| 03.10.2021, when the victim was returned to home. | |
| That the wife of the applicant born a baby girl | |
| 22. | |
| on 08.07.2021 after major operation and the | |
| allegation made against the applicant that he | |
| abducted the victim and brought her to Lucknow | |
| along with his family i.e. wife, daughter, | |
| brother and bhabhi and residing under one roof | |
| and raped her. The photocopy of the birth | |
| certificate and discharge certificate of the | |
| applicant’s wife is being annexed herewith as | |
| Annexure No. 7 to this affidavit. | |
| That after the lodging the first information | |
| 23. | |
| report, the dispute between the applicant’s | |
| family and main accused family on high then the | |
| concerned police challaned the both parties on | |
| 14.10.2021 mentioning therein that the between | |
| the both parties has civil dispute. The photocopy | |
| of the challan report of the applicant’s and main | |
| accused family dated 14.10.2021 is being annexed | |
| herewith as Annexure No. 8 to this affidavit. | |
| That the name of the main accused has been | |
| 24. | |
| dropped from the investigation by the | |
| investigating officer after taking money from the | |
| main accused. In said regard the mother of the | |
| applicant moved an application on 11.11.2021 | |
| before the higher authorities of the police | |
| department and requested therein to transfer the | |
| investigation to another investigating agency in | |
| the interest of justice. The photocopy of the | |
| application moved by the applicant’s mother on | |
| 11.11.2021 is being annexed herewith as Annexure | |
| No. 9 to this affidavit. | |
| That the victim was with the applicant and others | |
| 25. | |
| about 8 days as per first information report | |
| lodged by the opposite party No. 2 but she has | |
| never raised an alarm for her safe guard and even | |
| she has never stated before any authority or | |
| court that the she was under life threat. | |
| That the trial has been initiated in which the | |
| 26. | |
| statement of the opposite party No. 2 as P.W.- 1 | |
| recorded on 05.05.2022, in his chief he stated | |
| that the applicant and main accused abducted her | |
| daughter and in cross examination he stated as | |
| “esjh yMdh dks dqynhi Hkxk dj ugha ys x;s | |
| FksA NksVw Hkxk dj ys x;k Fkk esjh yMdh dks | |
| iqfyl okys NksVw ds ?kj ij cjken fd;k Fkk | |
| ” while | |
| the concerned police shows the recovery of the | |
| victim from Chhoti Miner, Laxmanpur. | |
| That the opposite party No. 2 himself admitted | |
| 27. | |
| that the main accused and victim was in love, he | |
| stated as “esjh llqjky dLck bpkSyh esa gS usgk | |
| dk ufugky Hkh ogha gSa dqynhi dh Hkh | |
| fj”rsnkjh mlh xkao esa gS blfy, dqynhi dk vkuk | |
| tkuk usgk ds ikl gksrk jkgk gSA bl dkj.k | |
| dqynhi o usgk dk fnyh yxko iSnk gks x;k gSA | |
| ” | |
| The aforesaid admission itself supported the | |
| averments of the applicant. The photo/ type copy | |
| of the statement of the P.W.-1/ opposite party | |
| No. 2 is being annexed herewith as Annexure No. | |
| 10 to this affidavit. | |
| That the statement of the victim recorded before | |
| 28. | |
| the trial court on 01.09.2022, in which she | |
| stated as “tc eq>s y[kuÅ x;s Fks mlds nwljs fnu | |
| esjs lkFk xyr dke fd;k FkkA eSaus NksVw ds | |
| HkS;k HkkHkh ls crk;k FkkA fQj NksVw eq>s | |
| vius xkao dh rjQ Hkstus yk;s Fks rks ekbuj ij | |
| esjs eEeh ikik o iqfyl okys fey x;s Fks rks | |
| NksVw eq>s NksMdj Hkkx x;sA ogkW ls iqfyl | |
| okys eq>s Fkkus ysdj x;sA | |
| ” The statement of the | |
| victim clearly shows that she was returned to her | |
| house on 03.10.2021 and concerned police was also | |
| there but the recovery of the victim shown by the | |
| concerned police on 06.10.2021 for extraneous | |
| reasons. The photo/ typed copy of the statement | |
| of the victim given before trial court is being | |
| annexed herewith as Annexure No. 11 to this | |
| affidavit. | |
| That the conduct of the investigating officer was | |
| 29. | |
| not fair and he was working for the main accused | |
| for extraneous reasons, which is clear by the | |
| statement of the victim, who said in her cross | |
| examination as “eSa y{e.kiqj ,d ckj Hkh ugha | |
| x;hA iqfyl okyksa us crk;k fd txg dk uke | |
| y{e.kiqj pkSjkgk ij viuh cjkenxh crkukA tc eSa | |
| vius firk dks fey x;h] rc Fkkus ij vk dj fjiksVZ | |
| fy[kk;h x;h] esjs firk th ds }kjkA | |
| ” | |
| That according to the prosecution story it | |
| 30. | |
| clearly reveals that story of the prosecution is | |
| based on only false, incorrect facts and grounds | |
| and also concerned police avoiding the truth of | |
| case for extraneous reasons and there is no an | |
| evidence against the applicant/accused. | |
| That the applicant had applied for bail before | |
| 31. | |
| the Additional Sessions Judge/ Special Judge | |
| (POCSO Act), Room No. 44, Barabanki bearing Bail | |
| Application No. 2531 of 2021 but the same has | |
| been rejected on insufficient grounds vide order | |
| dated 19.11.2021. The photo copy of bail | |
| rejection order dated 19.11.2021 passed by the | |
| learned court is annexed herewith as Annexure No. | |
| 12 to this affidavit. | |
| That since the applicant has not committed any | |
| 32. | |
| offence as alleged but he has been falsely | |
| implicated in the case by the opposite party No. | |
| 2 and their family members in malafide intention. | |
| That there are only two witnesses of facts i.e. | |
| 33. | |
| opposite party No. 2 and victim, which has been | |
| examined before the trail court. | |
| That there is no possibility of the applicant | |
| 34. | |
| conviction because he has not committed the crime | |
| in question, as alleged by the prosecution. | |
| That there is no chance of applicant absconding | |
| 35. | |
| or tampering with the prosecution witnesses and | |
| they are willing to offer bail to the | |
| satisfaction of this Hon’ble Court. | |
| That the applicant is in Jail since 29.10.2021 | |
| 36. | |
| without committing any offence. | |
| That the applicant will cooperate with the trial | |
| 37. | |
| and will not tamper the prosecution witnesses. | |
| That the applicant undertakes that they will not | |
| 38. | |
| misuse the liberty of bail if so granted by this | |
| Hon’ble Court. | |
| That the applicant is ready and willing to file | |
| 39. | |
| adequate surety as the Hon’ble Court may deems | |
| fit and proper in the circumstances of the case. | |
| That in view of the above, it would be expedient | |
| 40. | |
| and necessary in the interest of justice that the | |
| applicant be enlarged on bail Case Crime No. 173 | |
| of 2021 under Sections 363, 366, 376 of IPC and | |
| 3/4 of The Protection of Children from Sexual | |
| Offences Act, 2012 related to the Police Station | |
| – Dariyabad, District – Barabanki, during | |
| pendency of case. | |
| Lucknow | |
| Date : .2022 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 : .2022 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, above named, | |
| 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 to her. | |
| OATH COMMISSIONER | |
| Code: 401 508 | |
| GROUP : Bail | |
| DISTRICT: Barabanki | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLHABAD | |
| LUCKNOW BENCH: LUCKNOW | |
| CRL. MISC. CASE NO. (B) OF 2022 | |
| Chhotu alias Gajendra Pratap Singh | |
| ....Accused/Applicant | |
| (In Jail since 29.10.2021) | |
| Versus | |
| State of U.P. and others .......Opposite Parties | |
| INDEX | |
| Sr | |
| Particulars Page | |
| No. | |
| No. | |
| 1 | |
| Application for Bail (second) Separate | |
| 2 Affidavit in support of second bail | |
| application | |
| 3 | |
| Annexure No. 1 | |
| The photocopy of the order dated | |
| 18.05.2022 passed by this Hon'ble | |
| High Court | |
| 4 | |
| Annexure No. 2 | |
| The photo/type copy of the first | |
| information report dated 05.10.2021 | |
| 5 | |
| Annexure No. 3 | |
| The typed copy of the statement of | |
| the opposite party No. 2 recorded by | |
| the concerned police | |
| 6 | |
| Annexure No. 4 | |
| The typed copy of the statement of | |
| the victim dated 06.10.2021 recorded | |
| by the concerned police | |
| 7 | |
| Annexure No. 5 | |
| The photo/typed copy of the medical | |
| of the victim dated 08.10.2021 | |
| 8 | |
| Annexure No. 6 | |
| The photo/typed copy of the statement | |
| of the victim under Section 164 of | |
| Cr.P.C. dated 22.10.2021 | |
| 9 | |
| Annexure No. 7 | |
| The photocopy of the birth | |
| certificate and discharge certificate | |
| of the applicant’s wife | |
| 10 | |
| Annexure No. 8 | |
| The photocopy of the challan report | |
| of the applicant’s and main accused | |
| family dated 14.10.2021 | |
| 11 | |
| Annexure No. 9 | |
| The photocopy of the application | |
| moved by the applicant’s mother on | |
| 11.11.2021 | |
| 12 | |
| Annexure No. 10 | |
| The photo/ type copy of the statement | |
| of the P.W.-1/ opposite party No. 2 | |
| 13 | |
| Annexure No. 11 | |
| The photo/ typed copy of the | |
| statement of the victim given before | |
| trial court | |
| 14 | |
| Annexure No. 12 | |
| The photo copy of bail rejection | |
| order dated 19.11.2021 passed by the | |
| learned court | |
| 15 | |
| Photocopy of ID of the deponent | |
| 16 | |
| Memo | |
| Lucknow (Pradeep Kumar Singh ‘Bisen’) | |
| Advocate | |
| Date: .2022 Counsel for the Applicant | |
| Mobile No.: 9415288732 | |