| Prompt: | |
| Generate a Bail Application involving the following key legal details: | |
| - CASE: Crime No. 160 of 2018 | |
| - 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 2018 | |
| Aziz Khan aged about 61 years son of Shri Chelha Khan | |
| resident of Village – Banjholwa hamlet of Darra, Pure | |
| Madari, Police Station – Udaypur, District – Pratapgarh | |
| .....Applicant | |
| (In Jail from 02.09.2018) | |
| Versus | |
| State of Uttar Pradesh .....Opposite Party | |
| Case Crime No. 160 of 2018 | |
| U/s 419, 420, 467, 468, 471, 255, 272 I.P.C. | |
| U/s 60, 63 of U.P. Excise Act, 1910 | |
| U/S 63 of Copyright Act, 1957 | |
| Police Station – Udaypur | |
| District – Pratapgarh | |
| Bail application rejected by | |
| Additional Session Judge | |
| Pratapgarh, on 25.09.2018 | |
| 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 (Pradeep Kumar Singh ‘Bisen’) | |
| Advocate | |
| Date: .2018 Counsel for the Applicant | |
| Case Crime No. 160 of 2018 | |
| U/s 419, 420, 467, 468, 471, 255, 272 I.P.C. | |
| U/s 60, 63 of U.P. Excise Act, 1910 | |
| U/S 63 of Copyright Act, 1957 | |
| Police Station – Udaypur | |
| District – Pratapgarh | |
| Bail application rejected by | |
| Session Judge, Pratapgarh, on | |
| 25.09.2018 | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD, | |
| LUCKNOW BENCH, LUCKNOW | |
| Criminal Misc. Case No. (B) of 2018 | |
| Aziz Khan ...Applicant | |
| (In Jail from 02.09.2018) | |
| Versus | |
| State of Uttar Pradesh ....Opposite Party | |
| AFFIDAVIT | |
| (In support of bail application) | |
| I, Jaybeer Ali aged about 47 years son of Shri | |
| Sikandar resident of Kalua Ghat, Aoripur Naugir, | |
| Ramganj, Police Station – Sangipur, District – | |
| Pratapgarh, Religion – Muslim, Occupation – labour, | |
| Education – Literate, do hereby solemnly affirm and | |
| states on oath as under :- | |
| That the deponent is the pairokar of the applicant | |
| 1. | |
| 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 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 the informant namely Shri Virendra Kumar | |
| 3. | |
| Singh, Station House Officer, Police Station – | |
| Udaypur, District – Pratapgarh lodged a first | |
| information report and stated therein as the | |
| informant and his team (other police personnel) | |
| got information in regard of huge Adulterated | |
| liquor, rapper and equipment for packaging/making | |
| liquor at poultry form nearby Kalua Ghat and his | |
| team raid at said poultry form where the 2 persons | |
| were arrested on the spot, they were working with | |
| the adulterated liquor. The photo/typed copy of | |
| the first information report dated 07.04.2006 is | |
| being annexed herewith as Annexure No. 01 to this | |
| application. | |
| That the name of the applicant mentioned in first | |
| 4. | |
| information report as Azeem Khan at serial No. 2 | |
| of accused column, while his name is Aziz Khan. | |
| That the real fact of the incident is that the | |
| 5. | |
| 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 | |
| 6. | |
| allegation as alleged by the informant. The | |
| applicant is only labour/chaukidar in poultry form | |
| and he was present at time of raid conducted by | |
| the team. | |
| That here it is relevant to mention that the | |
| 7. | |
| applicant was working in said poultry form as | |
| labour and also working as chaukidar so he was | |
| also found at night. At time raid the applicant | |
| informed the applicant regarding his status in | |
| poultry form but for showing his good work and | |
| conduct, named in first information report. | |
| That thereafter the informant falsely implicates | |
| 8. | |
| the applicant, in the said crime, which is | |
| baseless and illegal as the applicant are not | |
| involved in any criminal activity as alleged | |
| against him. | |
| That it is relevant to mention here that the | |
| 9. | |
| nothing has been recovered from the applicant, the | |
| recovery which has been made related to case crime | |
| is incorrect and wrong. | |
| That the informant levelled the charges upon the | |
| 10. | |
| applicant for working with the illegal liquor, | |
| which is wrong and incorrect. The informant with | |
| ill intension incorporate the applicant’s name in | |
| said first information report. | |
| That it is relevant and most important to mention | |
| 11. | |
| here that where the concerned police raided at | |
| alleged place i.e. poultry form of Shri Guddu | |
| Singh alias Kedarnath, which has no any concerned | |
| with the said place with the applicant in any | |
| manner as alleged against him. | |
| That the informant falsely implicates the | |
| 12. | |
| applicant, in the said crime, which is baseless | |
| and illegal due to ulterior motive. | |
| That the nothing was recovered in the regard of | |
| 13. | |
| Adulterated liquor from the applicant in any | |
| manner by the investigation officer. | |
| That since the applicant has not committed any | |
| 14. | |
| offence as alleged, hence no offence under | |
| Sections 419, 420, 467, 468, 471, 255, 272 I.P.C., | |
| 60, 63 of U.P. Excise Act, 1910 and 63 of | |
| Copyright Act, 1957 at Police Station – Udaypur, | |
| District – Pratapgarh, is made against him. | |
| That the applicant is 61 year old person and also | |
| 15. | |
| he is under treatment and needs proper treatment. | |
| The photocopy of the adhar card and medical | |
| treatment papers of the applicant is being annexed | |
| herewith as Annexure No. 2 to this affidavit. | |
| That it is relevant to mention here that the | |
| 16. | |
| applicant was falsely implicated by the informant | |
| in said case crime with collusion of the concerned | |
| police. | |
| That there is no credible evidence on record, | |
| 17. | |
| 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 419, 420, 467, 468, | |
| 471, 255, 272 I.P.C., 60, 63 of U.P. Excise Act, | |
| 1910 and 63 of Copyright Act, 1957 is made out | |
| against the applicant. | |
| That till yet the charge sheet has not filed by | |
| 18. | |
| the concerned police in said case crime. | |
| That neither any evidence was found against the | |
| 19. | |
| 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 | |
| 20. | |
| 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 moved bail application bearing | |
| 21. | |
| No. 1609 of 2018 before Session Judge and his bail | |
| application has been rejected by the court | |
| concerned on 25.09.2018. The photo copy of the | |
| order dated 25.09.2018 passed by court concerned | |
| is being annexed as Annexure No. 3 to this | |
| application. | |
| That the applicant in jail since 02.09.2018 | |
| 22. | |
| without committing any offence as alleged against | |
| the applicant by the informant. | |
| That there is no possibility of the applicant’s | |
| 23. | |
| conviction because he has not committed the crime | |
| in question as alleged by the informant. | |
| That the applicant undertakes that he will not | |
| 24. | |
| misuse the liberty of bail if so granted by this | |
| Court. | |
| That there is no chance of the applicant | |
| 25. | |
| absconding or tempering with the prosecution | |
| witnesses. | |
| That the applicant is ready to furnished the | |
| 26. | |
| security and bond and also undertake that he will | |
| be never misused liberty of bail. | |
| That there is no independent witness of alleged | |
| 27. | |
| recovery made from the applicant while the nothing | |
| has been recovered from the applicant. | |
| That in view of the above, it would be expedient | |
| 28. | |
| and necessary in the interest of justice that the | |
| applicant be enlarged on bail during pendency of | |
| case. | |
| Lucknow | |
| Date : .2018 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: .2018 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 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 2018 | |
| Aziz Khan ...Applicant | |
| (In Jail from 02.09.2018) | |
| 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 | |
| 02.09.2018 | |
| Annexure No. 2 | |
| 4. | |
| The photocopy of the adhar card | |
| and medical treatment papers of | |
| the applicant | |
| Annexure No. 3 | |
| 5. | |
| The photo copy of the order dated | |
| 25.09.2018 passed by court | |
| concerned | |
| ID proof of the deponent | |
| 6. | |
| Memo | |
| 7. | |
| Lucknow (Pradeep Kumar Singh ‘Bisen’) | |
| Advocate | |
| Date: .2018 Counsel for the Applicant | |