| Prompt: | |
| Generate a Bail Application involving the following key legal details: | |
| - CASE: Crime No. 125 of 2021 | |
| - DISTRICT: Not available | |
| - BAIL APPLICATION: Not available | |
| --- | |
| Output: | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD | |
| LUCKNOW BENCH, LUCKNOW | |
| Crl. Misc. Anticipatory Bail No. Of 2021 | |
| Pawan Singh | |
| …..Applicant | |
| Versus | |
| State of Uttar Pradesh ....Opposite Party | |
| INDEX | |
| Sr.No | |
| Particulars Page No. | |
| Application for anticipatory bail | |
| under section 438 Cr.P.C. | |
| 1. | |
| Affidavit in support of application | |
| 2. | |
| Annexure No. 1 | |
| 3. | |
| The photocopy of the order dated | |
| 24.06.2021 passed by this Session | |
| Judge, Pratapgarh | |
| Annexure No. 2 | |
| 4. | |
| The photo/typed copy of the FIR dated | |
| 05.04.2021 | |
| Annexure No. 3 | |
| 5. | |
| The photocopy of the order dated | |
| 30.06.2021 passed by this Hon'ble | |
| High Court | |
| Annexure No. 4 | |
| 6. | |
| The photocopies of the bail orders | |
| passed by the learned court below in | |
| favour the applicant | |
| ID proof of the deponent | |
| 7. | |
| Power | |
| 8. | |
| Lucknow (Pradeep Kumar Singh “Bisen”) | |
| Advocate | |
| Dated : .08.2021 Counsel for the applicant | |
| Mobile No. 9415288732 | |
| AoR No. B/P0262 | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD | |
| LUCKNOW BENCH, LUCKNOW | |
| Crl. Misc. Anticipatory Bail No. Of 2021 | |
| Pawan singh aged about 54 years son of Shri Ajay Raj | |
| Singh resident of Village – Sakardaha, Police Station – | |
| Baghrai, District – Pratapgarh | |
| ....Applicant | |
| Versus | |
| State of Uttar Pradesh .....Opposite Party | |
| Case Crime No. 125 of 2021 | |
| U/s 420, 467, 468, 471, 272, 273 of I.P.C. | |
| U/s 60, 60A, 63 of U.P. Excise Act, 1910 | |
| Police Station – Kunda | |
| District – Pratapgarh | |
| Anticipatory Bail Application | |
| No. 1240 of 2021 has been rejected by | |
| Sessions Judge, Pratapgarh on 24.06.2021 | |
| APPLICATION FOR ANTICIPATORY BAIL | |
| UNDER SECTION 438 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 | |
| anticipatory bail to the applicant in connection with | |
| Case Crime No. 125 of 2021 under Sections 420, 467, | |
| 468, 471, 272, 273 of I.P.C. and 60, 60A, 63 of U.P. | |
| Excise Act, 1910 at Police Station – Kunda, District – | |
| Pratapgarh, in the interest of Justice. | |
| Lucknow (Pradeep Kumar Singh “Bisen”) | |
| Advocate | |
| Dated : .08.2021 Counsel for the applicant | |
| Case Crime No. 125 of 2021 | |
| U/s 420, 467, 468, 471, 272, 273 of I.P.C. | |
| U/s 60, 60A, 63 of U.P. Excise Act, 1910 | |
| Police Station – Kunda | |
| District – Pratapgarh | |
| Anticipatory Bail Application | |
| No. 1240 of 2021 has been rejected by | |
| Sessions Judge, Pratapgarh on 24.06.2021 | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD | |
| LUCKNOW BENCH, LUCKNOW | |
| Crl. Misc. Anticipatory Bail No. Of 2021 | |
| Pawan Singh …..Applicant | |
| Versus | |
| State of Uttar Pradesh ....Opposite Party | |
| AFFIDAVIT | |
| (In support of anticipatory bail application) | |
| I, Raj Pratap Singh alias Shekhar Singh aged about 33 | |
| years son of Shri Pawan Singh resident of Village – | |
| Sakardaha, Police Station – Baghrai, District – | |
| Pratapgarh, Religion – Hindu, Occupation – ?Business, | |
| Education – Literate, do hereby solemnly affirm and | |
| states on oath as under :- | |
| That the deponent is the son of the applicant and | |
| 1. | |
| duly authorized by him for swearing this affidavit | |
| on his behalf and as such he is fully conversant | |
| with the facts of the case, deposed to hereunder. | |
| The photo verification slip issued by the Awadh | |
| Bar Association, Lucknow of the deponent is | |
| affixed on the affidavit and his ID proof is | |
| enclosed with the affidavit. | |
| That the concerned police is intended to arrest to | |
| 2. | |
| the applicant with connection to the First | |
| Information Report dated 05.04.2021 lodged by the | |
| informant namely Shri Devendra Pratap Singh, | |
| Station House Officer, Police Station - Kunda, | |
| District – Pratapgarh, against the applicant and | |
| 14 other persons as Case Crime No. 125 of 2021 | |
| under Sections 420, 467, 468, 471, 272, 273 of | |
| I.P.C. and 60, 60A, 63 of U.P. Excise Act, 1910 at | |
| Police Station – Kunda, District – Pratapgarh. | |
| That the applicant, further declared that the | |
| 3. | |
| first information report lodged by the informant | |
| under Sections 420, 467, 468, 471, 272, 273 of | |
| I.P.C. and 60, 60A, 63 of U.P. Excise Act, 1910 | |
| which is not fallen under Section 438(6) of | |
| Cr.P.C.. | |
| That this is the First anticipatory bail | |
| 4. | |
| application before this Hon'ble Court, which is | |
| being filed under Section 438 of Cr.P.C., before | |
| this Hon'ble High Court and no any other | |
| anticipatory bail is being before this Hon'ble | |
| High Court or at Allahabad or before any other | |
| High Court in India, pertaining to the same | |
| subject matter. | |
| That the applicant has moved anticipatory bail | |
| 5. | |
| application bearing No. 1245 of 2021 filed before | |
| the Session Judge, Pratapgarh by the applicant has | |
| been rejected vide order dated 24.06.2021 passed | |
| by the court concerned. No other any anticipatory | |
| bail application pending before this Hon'ble High | |
| Court or rejected by this Hon'ble High Court. The | |
| certified copy of the order dated 24.06.2021 | |
| passed by this Session Judge, Pratapgarh is being | |
| annexed herewith as Annexure No. 01 to this | |
| application. | |
| That the first information report dated 05.04.2021 | |
| 6. | |
| has been lodged by the informant against the | |
| applicant and 14 other persons as Case Crime No. | |
| 125 of 2021 under Sections 420, 467, 468, 471, | |
| 272, 273 of I.P.C. and 60, 60A, 63 of U.P. Excise | |
| Act, 1910 at Police Station – Kunda, District – | |
| Pratapgarh. The photo/typed copy of the FIR dated | |
| 05.04.2021 is being annexed herewith as Annexure | |
| No. 02 to this affidavit. | |
| That the case of prosecution in a nutshell as that | |
| 7. | |
| the informant and his team on patrolling of area | |
| on 05.04.2021 and that time the informant got | |
| information from his informer (eq[kfcj) in regard | |
| of huge adulterated liquor stored in shop situated | |
| between Babuganj Highway and railway line. | |
| That the raid has been conducted by the informant | |
| 8. | |
| alongwith his team on 05.04.2021 at alleged place | |
| of occurrence and seized lot of adulterated liquor | |
| and no anyone arrested by the concerned police at | |
| the time raid. | |
| That the name of the applicant was not told by the | |
| 9. | |
| (eq[kfcj) | |
| informer of the informant during the | |
| raid while several names of the accused have been | |
| mentioned by him, where he was present and on | |
| basis which the applicant is named in the first | |
| information report. | |
| That the name of the applicant is shown at serial | |
| 10. | |
| No. 12 in the accused column in the first | |
| information report dated 05.04.2021. | |
| That here it relevant to mention that on perusal | |
| 11. | |
| of the contents of the first information report it | |
| is clear that there is no name mentioned but | |
| suddenly during lodging the first information | |
| report the name of the petitioner placed at serial | |
| No. 12 of the accused column. | |
| That the real fact of the incident is that the | |
| 12. | |
| applicant is falsely implicated by the concerned | |
| police for showing their good work and also for | |
| extraneous reasons. | |
| That there is no concerned with the said | |
| 13. | |
| allegation regarding illegal adulterated liquor as | |
| alleged by the informant against the applicant in | |
| any manner. | |
| That it is further relevant to mention that in | |
| 14. | |
| year 2019 during the Lok Sabha election the | |
| applicant opposed the present Member of Parliament | |
| (i.e. ruling party) due to which he has enmity | |
| with the applicant. | |
| That the applicant was threatened by the present | |
| 15. | |
| Member of Parliament to support his candidate | |
| contesting for Zila Panchyat in local body | |
| elections held in last few days ago otherwise he | |
| would be suffer a lot but the applicant denied for | |
| the same as he has follower of the other political | |
| party, which is not ruling and contesting against | |
| the present ruling party with its best. | |
| That due to aforesaid reasons for building | |
| 16. | |
| pressure upon the applicant the present Member of | |
| Parliament is misusing the District | |
| Administration/ authorities against the applicant, | |
| his two sons, lodged the first information report. | |
| That in result of the above, the informant falsely | |
| 17. | |
| implicates the applicant, in the said crime for | |
| ulterior motive, which is baseless and illegal. | |
| That the informant falsely implicates the | |
| 18. | |
| applicant, in the said crime, due to their own | |
| personal/political reasons, behest the Member of | |
| Parliament, which is baseless and illegal due to | |
| ulterior motive. | |
| That nothing has been recovered with regard to | |
| 19. | |
| adulterated liquor from the applicant’ possession | |
| and place in any manner by the informant. | |
| That the applicant has no concerned with the | |
| 20. | |
| recovered liquor from the alleged place by the | |
| informant. | |
| That it is relevant to mention here that neither | |
| 21. | |
| any other evidence against the applicant nor there | |
| is hope to found by the investigation officer as | |
| nothing has been done by the applicant. | |
| That the entire case has been made and based | |
| 22. | |
| against the applicant only on information of the | |
| police informer. | |
| That the applicant is innocent and belongs | |
| 23. | |
| respected family and the applicant has not | |
| involved in any criminal activity ever. | |
| That the first information report has been lodged | |
| 24. | |
| by the Informant against the applicant on the | |
| basis of wrong facts and the applicant believed | |
| that the concerned police would be arrest the | |
| applicant. | |
| That in similar sections this Hon'ble High Court | |
| 25. | |
| granted anticipatory bail to applicant of the | |
| Anticipatory Bail No. 6607 of 2021 (Shalvendra | |
| Pratap Singh Vs State of U.P. and another) vide | |
| order dated 30.06.2021. The photocopy of the order | |
| dated 30.06.2021 passed by this Hon'ble High Court | |
| is being annexed herewith as Annexure No. 03 to | |
| this application. | |
| That apart from present case, against the | |
| 26. | |
| applicant some other cases lodged, which are as | |
| under: | |
| Case Crime No. 89 of 2014 under Sections 323, | |
| i. | |
| 504, 506, 171G of IPC and 3(1)10 of S.C. and | |
| S.T. Act at Police Station – Baghrai, District | |
| – Pratapgarh, in which the applicant has been | |
| granted bail by the court concerned. | |
| Case Crime No. 319 of 2016 under Sections 419, | |
| ii. | |
| 420, 467, 468, 471, 272, 273 of IPC and 60/63 | |
| of Excise Act at Police Station – Baghrai, | |
| District – Pratapgarh, in which the applicant | |
| has been granted bail by the court concerned. | |
| iii.Case Crime No. 03 of 2019 under Section 3(1) of | |
| U.P. Gunda Act at Police Station – Baghrai, | |
| District – Pratapgarh, in which the applicant | |
| was externmed for 6 months from the District – | |
| Pratapgarh. | |
| Case Crime No. 124 of 2021 under Sections 272, | |
| iv. | |
| 273, 420, 467, 468, 471, of IPC and 60, 60A, | |
| 63, 63A of Excise Ac and 103, 104 of The Trade | |
| and Merchandise Marks Act, 1958 at Police | |
| Station – Kunda, District – Pratapgarh, in | |
| which the Anticipatory bail application of the | |
| applicant is pending before the learned court | |
| below. | |
| The photocopies of the bail orders passed by the | |
| learned court below in favour the applicant are | |
| being annexed herewith as Annexure No. 04 to this | |
| affidavit. | |
| That if the applicant will arrested, the applicant | |
| 27. | |
| will suffer irreparable loss and injury as the | |
| applicant has not committed any offence. | |
| That there is no chance of the applicant | |
| 28. | |
| absconding or tempering with the prosecution | |
| witnesses. | |
| That the applicant is ready to furnished the | |
| 29. | |
| security and bond and also undertake that he will | |
| be never misused liberty of anticipatory bail. | |
| That in view of the above, it would be expedient | |
| 30. | |
| and necessary in the interest of justice that the | |
| applicant be enlarged on anticipatory bail, during | |
| pendency of case. | |
| Lucknow | |
| Date: .08.2021 Deponent | |
| VERIFICATION | |
| I, the deponent, do hereby verify that the | |
| contents of para 1 to of this affidavit are | |
| true to my personal knowledge. No part of its is false | |
| and nothing material has been concealed. So, help me | |
| “GOD”. | |
| Lucknow | |
| Date : .08.2021 Deponent | |
| I, identify the deponent and 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 as | |
| per identity shown by him. | |
| Advocate | |
| Solemnly affirmed before me on | |
| at A.M./P.M. by the deponent, named above, | |
| 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. | |
| 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 | |