| Prompt: | |
| Generate a Bail Application involving the following key legal details: | |
| - CASE: Crime No. 206 of 2013 | |
| - 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 2014 | |
| Shailesh Kumar Pandey aged about 21 years son of Lalji | |
| Pandey resident of Village – Lakharahaa, Police Station | |
| – Sangipur, District – Pratapgarh | |
| .....Applicant | |
| (In Jail) | |
| Versus | |
| State of Uttar Pradesh | |
| .....Opposite Party | |
| Case Crime No. 206 of 2013 | |
| Under section 302/506 I.P.C. | |
| Police Station - Sangipur | |
| District – Pratapgarh | |
| Bail application rejected by the ASJ, | |
| Room No. 2, Pratapgarh on 06.08.2014 | |
| APPLICATION FOR BAIL 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 the interest of Justice. | |
| Lucknow (Dr. Gyan Singh) | |
| Advocate | |
| Dated : .2014 Counsel for the applicant | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD, | |
| LUCKNOW BENCH, LUCKNOW | |
| Criminal Misc. Case No. (B)of 2014 | |
| Shailesh Kumar Pandey …Applicant | |
| (In Jail) | |
| Versus | |
| State of Uttar Pradesh ....Opposite Party | |
| AFFIDAVIT | |
| (In support of bail application) | |
| I, Anjani Kumar Mishra aged about 50 years son of | |
| Matapher resident of Village – Lakharahaa, Police | |
| Station – Sangipur, District – Pratapgarh, Religion – | |
| Hindu, Education – High School, Occupation – | |
| Agriculture, do hereby solemnly affirm and state on | |
| oath as under :- | |
| That the deponent is the neighbour of the | |
| 1. | |
| applicant duly authorized by the applicant to | |
| file 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. | |
| That this is the first bail application before | |
| 2. | |
| 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 a F.I.R. has | |
| 3. | |
| been lodged against the applicant and three other | |
| persons on 22.11.2013 by the wife of the deceased | |
| namely Rajpati under section 302/506 I.P.C., on | |
| the basis of wrong fact and due to malafide | |
| intension. Informant stated in the first | |
| information report that the applicant and other | |
| accused beaten the deceased by hand and foot at | |
| 6:30 PM on 22.11.2013. The copy of the first | |
| information report is being annexed as Annexure | |
| No. 01 to this application. | |
| That after the lodging the first information | |
| 4. | |
| report police reached to the place of occurrence | |
| and prepare the inquest report on very same day. | |
| That the investigation officer sends the body of | |
| 5. | |
| the deceased for the post mortem on 23.11.2013 in | |
| District – Pratapgarh at 3.00 PM. The copy of the | |
| post mortem report is being annexed as Annexure | |
| No. 02 to this application. | |
| That the investigation officer recorded the | |
| 6. | |
| statement under section 161 Cr.P.C. eyewitness | |
| namely Rajpati recorded on 24.11.2013. There are | |
| many contradictions in the statement of informant | |
| and in first information report. The copy of the | |
| statement of informant and eyewitness under | |
| section 161 Cr.P.C. is being annexed as Annexure | |
| No. 03 collectively to this application. | |
| That in first information report made general | |
| 7. | |
| allegations by the informant but in the statement | |
| of under section 161 Cr.P.C. she changes her | |
| version and specifically assigned the roll of the | |
| accused persons. That this is well proved the | |
| informant is not present at the place of | |
| occurrence. | |
| That the investigation officer recorded the | |
| 8. | |
| statement under section 161 Cr.P.C. after the | |
| post mortem report. After the perusal of the post | |
| mortem report, the investigation officer of the | |
| case changed the first information report version | |
| and assigned the specifically roll to the | |
| applicant. | |
| That the investigation officer record only one | |
| 9. | |
| eyewitness namely Kalawati, not any other | |
| eyewitness under section 161 Cr.P.C. The | |
| informant stated in his statement some other | |
| villagers are seen the whole incident but she not | |
| disclosed any name in the statement. | |
| That the eyewitness is sister of the deceased and | |
| 10. | |
| she is interested witness in the case. | |
| That the deceased was heavy drinker and patient | |
| 11. | |
| of asthma; he was murdered by unknown persons any | |
| other place and applicant was falsely implicated | |
| in the case crime. | |
| That the deceased was always create nuisance | |
| 12. | |
| after the drinking the alcohol. The applicant is | |
| neighbour of the deceased and he was always | |
| giving Gali to all of neighbours when the | |
| applicant tries to stop him, he was always | |
| quarrelling with the applicant. | |
| That at the time of incident the deceased and his | |
| 13. | |
| real brother are quarrelling with each other and | |
| create lot of nuisance. When the applicant goes | |
| to stop both of them but when the applicant | |
| reaches on the spot, he has seen the dead body of | |
| the deceased. | |
| That since the applicant has not committed any | |
| 14. | |
| offence as alleged but he has been falsely | |
| implicated in the case by the informant in | |
| malafide intention. | |
| That there is no any motive to murder of deceased | |
| 15. | |
| and same was not stated by the prosecution. | |
| That no any involvement in the said case as | |
| 16. | |
| alleged in first information report, the | |
| applicant has no reason to murder the deceased. | |
| That the applicant has been surrender before the | |
| 17. | |
| court below on and his bail application has | |
| been rejected by the court concerned on | |
| 06.08.2014. The copy of the order dated | |
| 06.08.2014 is being annexed as Annexure No. 04 to | |
| this application. | |
| That the applicant in jail since and has | |
| 18. | |
| no criminal history. | |
| That during investigation, the investigation | |
| 19. | |
| officer includes the electric and laltain at the | |
| time of the incident, in the statement of the | |
| informant for the implementation of the applicant | |
| in the said case crime. | |
| That as per the roster system of the electricity | |
| 20. | |
| department in the incident area was 07:00 PM | |
| onwards at the time of the incident. | |
| That the Hon'ble Court enlarged the co-accused of | |
| 21. | |
| the case crime by order dated 10.01.2014 passed | |
| in Criminal Misc. Case No. 184 (B) of 2014 (Amit | |
| Pandey Versus State of Utter Pradesh). The copy | |
| of the order dated 10.01.2014 is being annexed as | |
| Annexure No. 05 to this application. | |
| That the applicant is innocent and due to enmity | |
| 22. | |
| with informant falsely implicated in the | |
| aforesaid case crime. | |
| That the applicant has no criminal history except | |
| 23. | |
| the aforesaid false case and not likely to hope | |
| in future to commit any offence. | |
| That there is no chance of the applicant | |
| 24. | |
| absconding or tempering with the prosecution | |
| witnesses. | |
| That the applicant is ready to furnished the | |
| 25. | |
| 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 | |
| 26. | |
| and necessary in the interest of justice that the | |
| applicant be enlarged on bail during pendency of | |
| case. | |
| Lucknow | |
| Date : 2014 Deponent | |
| VERIFICATION | |
| I, the deponent, do hereby verify that the | |
| contents of para 1 to 24 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 | |
| Dated: 2014 Deponent | |
| I, identify the deponent on the basis of the | |
| record produced by the deponent, who has signed before | |
| me. | |
| Advocate | |
| Solemnly affirmed before me on | |
| at A.M./P.M. by the deponent, who has been | |
| identified by Sri Prabhat Kumar Mishra, Advocate, High | |
| Court, Lucknow, Bench, Lucknow. Enrollment No. 8078 of | |
| 2011, resident Nigohan, Lucknow. Mobile No. 8004776600 | |
| 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 2014 | |
| Shailesh Kumar Pandey …Applicant | |
| (In Jail) | |
| 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 copy of the F.I.R. dated | |
| 22.11.2013 | |
| Annexure No. 2 | |
| 4. | |
| The copy of the post mortem | |
| report | |
| Annexure No. 3 | |
| 5. | |
| The copy of the statement of | |
| informant and eyewitness under | |
| section 161 Cr.P.C | |
| Annexure No. 4 | |
| 6. | |
| The copy of the order dated | |
| 06.08.2014 | |
| Annexure No. 5 | |
| 7. | |
| The copy of the order dated | |
| 10.01.2014 | |
| Vakalatnama/Power | |
| 8. | |
| Lucknow (Dr. Gyan Singh) | |
| Advocate | |
| Dated : .2014 Counsel for the applicant | |