| Prompt: | |
| Generate a Bail Application involving the following key legal details: | |
| - CASE: Crime No. 35 of 2020 | |
| - DISTRICT: Not available | |
| - BAIL APPLICATION: Not available | |
| --- | |
| Output: | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD | |
| LUCKNOW BENCH : LUCKNOW | |
| Crl. Misc. Case No. (B) Of 2020 | |
| Shubham Singh aged about 20 years son of Pushpraj | |
| Singh resident of Village – Sahibapur Derva, Pahadpur | |
| Banohi, Police Station - Kunda, District – Pratapgarh | |
| .....Applicant | |
| (In jail since 05.08.2020) | |
| Versus | |
| State of U.P. ......Opposite Party | |
| Crime No. :35 of 2020 | |
| Under Section : 2/3 of U.P. | |
| Gangster and Anti-Social | |
| Activities (Prevention) Act, 1986 | |
| Police Station :Kunda | |
| District :Pratapgarh | |
| Bail rejected by Additional | |
| Session Judge/ F.T.C. – 1 | |
| (Gangster Court), Pratapgarh on | |
| 28.08.2020 | |
| FIRST 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. 35 of 2020 under | |
| section 2/3 of U.P. Gangster and Anti-Social | |
| Activities (Prevention) Act, 1986 (in Police Station | |
| – Kunda, District – Pratapgarh during the pendency | |
| of his trial, in the interest of justice. | |
| Lucknow (Pradeep Kumar Singh ‘Bisen’) | |
| Advocate | |
| Date: 28.08.2020 Counsel for the Applicant | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLHABAD | |
| LUCKNOW BENCH: LUCKNOW | |
| Crl. Misc. Case No. (B) Of 2020 | |
| Crime No. :35 of 2020 | |
| Under Section : 2/3 of U.P. | |
| Gangster and Anti-Social | |
| Activities (Prevention) Act, 1986 | |
| Police Station :Kunda | |
| District :Pratapgarh | |
| Bail rejected by Additional | |
| Session Judge/ F.T.C. – 1 | |
| (Gangster Court), Pratapgarh on | |
| 28.08.2020 | |
| Shubham Singh .....Applicant | |
| (In jail since 05.08.2020) | |
| Versus | |
| State of U.P. ....Opposite Party | |
| AFFIDAVIT | |
| (In support of first bail application) | |
| I, Pushpraj Singh aged about 47 years son of | |
| Shri Hridesh Singh resident of Village – Sahibapur | |
| Derva, Pahadpur Banohi, Police Station - Kunda, | |
| District – Pratapgarh, Religion – Hindu, Occupation – | |
| Agriculture, Education – Intermediate, do hereby | |
| solemnly affirm and states on oath as under, 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 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 the photo of the deponent is being pasted on | |
| 2. | |
| the first page of this affidavit and photocopy of | |
| ID proof of the deponent is being annexed with | |
| this affidavit. | |
| That this is first bail of the applicant filed | |
| 3. | |
| before this Hon’ble Court and no other bail | |
| application on same cause of action is filed or | |
| pending in any court of law. | |
| That on 08.02.2020 at about 21.26 Hours, the | |
| 4. | |
| informant Shri Devendra Pratap Singh, In charge | |
| Inspector, Police Station – Kunda, District – | |
| Pratapgarh lodged a first information report | |
| against 04 persons including the applicant at | |
| Case Crime No. 35 of 2020 under section 2/3 of | |
| U.P. Gangster and Anti-Social Activities | |
| (Prevention) Act, 1986 (hereinafter referred to | |
| ‘Gangster Act’) in Police Station – Kunda, | |
| District – Pratapgarh. The photo and typed copy | |
| of the first information report dated 08.02.2020 | |
| is being annexed herewith as Annexure No. 1 to | |
| this affidavit. | |
| That brief fact of the alleged prosecution story | |
| 5. | |
| is that the applicant along with his companions | |
| is the active member of the a gang, who is | |
| committing the offences in organized manner | |
| regularly as they are habitual, for their | |
| economic benefit and due to their terror no one | |
| can dare to speak against them. | |
| That prior to lodging the aforesaid case crime | |
| 6. | |
| against the applicant, the gang chart has been | |
| approved by the District Magistrate, Pratapgarh | |
| on 11.01.2020. The photo and typed copy of the | |
| gang chart is being annexed herewith as Annexure | |
| No. 2 to this affidavit. | |
| That for proper adjudication of the case it is | |
| 7. | |
| submitted that the applicant is totally innocent | |
| and does not commit any offence as alleged in the | |
| first information report by the informant. | |
| That the informant in order to showing his good | |
| 8. | |
| and hard work, falsely implicate the applicant in | |
| several case crimes, which are pending before him | |
| and thereafter finally lodged the said first | |
| information report dated 08.02.2020 under Section | |
| 2/3 of Gangster Act:- | |
| Case Crime No. 154 of 2019 under Sections | |
| 8.i. | |
| 457, 380, 411, 413, 414 of I.P.C., at | |
| Police Station – Kunda, District – | |
| Pratapgarh, in which the charge sheet No. | |
| 155A of 2020 filed by the concerned police | |
| on 10.01.2020. In aforesaid case, the | |
| applicant has been released on bail by the | |
| court concerned on 02.01.2020. | |
| Case Crime No. 155 of 2019 under | |
| 8.ii. | |
| Sections 457, 380, 411, 413, 414 of | |
| I.P.C., at Police Station – Kunda, | |
| District – Pratapgarh, in which the charge | |
| sheet No. 159A of 2020 filed by the | |
| concerned police on 10.01.2020. In | |
| aforesaid case, the applicant has been | |
| released on bail by the court concerned on | |
| 11.12.2019. | |
| Case Crime No. 156 of 2019 under | |
| 8.iii. | |
| Sections 457, 380, 411, 413, 414 of | |
| I.P.C., at Police Station – Kunda, | |
| District – Pratapgarh, in which the charge | |
| sheet No. 160A of 2020 filed by the | |
| concerned police on 10.01.2020. In | |
| aforesaid case, the applicant has been | |
| released on bail by the court concerned on | |
| 11.12.2019. | |
| Case Crime No. 193 of 2019 under | |
| 8.iv. | |
| Sections 457, 380, 411, 413, 414 of | |
| I.P.C., at Police Station – Kunda, | |
| District – Pratapgarh, in which the charge | |
| sheet No. 161A of 2020 filed by the | |
| concerned police on 10.01.2020. In | |
| aforesaid case, the applicant has been | |
| released on bail by the court concerned on | |
| 17.12.2019. | |
| Case Crime No. 246 of 2019 under Sections | |
| 8.v. | |
| 457, 380, 411, 413, 414 of I.P.C., at | |
| Police Station – Kunda, District – | |
| Pratapgarh, in which the charge sheet No. | |
| 162A of 2020 filed by the concerned police | |
| on 10.01.2020. In aforesaid case, the | |
| applicant has been released on bail by the | |
| court concerned on 17.12.2019. | |
| Case Crime No. 248 of 2019 under | |
| 8.vi. | |
| Sections 457, 380, 411, 413, 414 of | |
| I.P.C., at Police Station – Kunda, | |
| District – Pratapgarh, in which the charge | |
| sheet No. 153A of 2020 filed by the | |
| concerned police on 10.01.2020. In | |
| aforesaid case, the applicant has been | |
| released on bail by the court concerned on | |
| 23.12.2019. | |
| Case Crime No. 249 of 2019 under | |
| 8.vii. | |
| Sections 457, 380, 411, 413, 414 of | |
| I.P.C., at Police Station – Kunda, | |
| District – Pratapgarh, in which the charge | |
| sheet No. 150A of 2020 filed by the | |
| concerned police on 10.01.2020. In | |
| aforesaid case, the applicant has been | |
| released on bail by the court concerned on | |
| 23.12.2019. | |
| Case Crime No. 253 of 2019 under | |
| 8.viii. | |
| Sections 457, 380, 411, 413, 414 of | |
| I.P.C., at Police Station – Kunda, | |
| District – Pratapgarh, in which the charge | |
| sheet No. 164A of 2020 filed by the | |
| concerned police on 10.01.2020. In | |
| aforesaid case, the applicant has been | |
| released on bail by the court concerned on | |
| 19.12.2019. | |
| Case Crime No. 235 of 2019 under | |
| 8.ix. | |
| Sections 147, 148, 149, 452, 386, 504, 506 | |
| of IPC and 3(2)5 of S.T. & S.C. Act, at | |
| Police Station – Kunda, District – | |
| Pratapgarh. In aforesaid case, the | |
| applicant has been released on bail by the | |
| court concerned on 09.01.2020. | |
| The photocopies of the orders passed by the | |
| court concerned by which the applicant has been | |
| enlarged on bail are being annexed herewith as | |
| Annexure No. 3 to this application. | |
| That it is relevant to mention here that the co- | |
| 9. | |
| accused of the case crime namely Shubham Singh | |
| alias Sibbu Singh enlarged on bail by this | |
| Hon'ble High Court vide order dated 16.06.2020 in | |
| Crl. Misc. Case. No. 3066 (B) of 2020 (Shubham | |
| Singh @ Sibbu Singh Vs State of U.P.). The | |
| photocopy of the order dated 16.06.2020 passed by | |
| this Hon'ble High Court is being annexed herewith | |
| as Annexure No. 4 to this affidavit. | |
| That it is relevant to mention here that the | |
| 10. | |
| applicant is a poor villager and common man of | |
| society. He is neither member of alleged gang as | |
| alleged in the first information report nor | |
| involve any crime as alleged against him in the | |
| gang chart by the informant. He further does not | |
| committed any offence for his economical and | |
| physical benefit due to which the local area | |
| people are under the threat as such allegations | |
| against the applicant are false and fabricated. | |
| That it is relevant to mention here that the | |
| 11. | |
| applicant is student and belongs to respected | |
| family of society. The applicant is neither | |
| member of alleged gang as alleged in the first | |
| information report nor involves any crime as | |
| alleged against him in the gang chart by the | |
| informant. | |
| That the applicant does not any committed offence | |
| 12. | |
| for his economical and physical benefit. The | |
| applicant is not convicted previously in any case | |
| crime. The allegations against the applicant are | |
| false and fabricated. | |
| That since the applicant has not committed any | |
| 13. | |
| offence as alleged, hence no offence under | |
| Sections 2/3 of U.P. Gangster and Anti-Social | |
| Activities (Prevention) Act, 1986 relating to | |
| Police Station – Kunda, District – Pratapgarh, is | |
| made against him. | |
| That it is relevant to mention here that the | |
| 14. | |
| applicant is in jail since 05.08.2020 without | |
| committing any offense. | |
| That the applicant had moved his bail application | |
| 15. | |
| bearing number 1253 of 2020 before the Bail | |
| rejected by Additional Session Judge/ F.T.C.-I, | |
| (Gangster Court), Pratapgarh and same has been | |
| rejected on 28.08.2020. The free certified copy | |
| of the bail rejection order dated 28.08.2020 is | |
| annexed herewith as Annexure No. 5 to this | |
| affidavit. | |
| That the applicant will not misuse the liberty of | |
| 16. | |
| bail if so granted by this Court. | |
| That the applicant has no motive to commit the | |
| 17. | |
| alleged crime and false motive which given in | |
| case, is cooked and fabricated by the concerned | |
| police. | |
| That there is no chance of the applicant | |
| 18. | |
| absconding or tempering with the prosecution | |
| witnesses. | |
| That the applicant is ready to furnish personal | |
| 19. | |
| bond and sureties to the entire satisfaction | |
| before the court, if the bail is granted to him. | |
| That in view of the above, it would be expedient | |
| 20. | |
| and necessary in the interest of justice that the | |
| applicant be enlarged on bail during pendency of | |
| his trial. | |
| Lucknow | |
| Date : 29.08.2020 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 : 29.08.2020 Deponent | |
| I, identify the deponent, who has I, do hereby | |
| declare that the person making this affidavit and | |
| alleging herself to be the deponent is known to me from | |
| the perusal of papers and I am satisfied that she 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, | |
| Pratapgarh 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 to him. | |
| OATH COMMISSIONER | |
| Code : 401507(Minor) | |
| GROUP : Bail | |
| DISTRICT : Pratapgarh | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLHABAD | |
| LUCKNOW BENCH: LUCKNOW | |
| Crl. Misc. Case No. (B) Of 2020 | |
| Shubham Singh .....Applicant | |
| (In jail since 05.08.2020) | |
| Versus | |
| State of U.P. ....Opposite Party | |
| INDEX | |
| Sr | |
| Particulars Page | |
| No | |
| No. | |
| Index | |
| 1. | |
| Application for Bail | |
| 2. | |
| Affidavit in support of bail | |
| 3. | |
| application | |
| Annexure No. 1 | |
| 4. | |
| The photo and typed copy of the first | |
| information report dated 08.02.2020 | |
| Annexure No. 2 | |
| 5. | |
| The photo and typed copy of the gang | |
| chart | |
| Annexure No. 3 | |
| 6. | |
| The photocopies of the orders passed | |
| by the court concerned by which the | |
| applicant has been enlarged on bail | |
| Annexure No. 4 | |
| 7. | |
| The photocopy of the order dated | |
| 16.06.2020 passed by this Hon'ble High | |
| Court | |
| Annexure No. 5 | |
| 8. | |
| The certified copy of the bail | |
| rejection order dated 28.08.2020 | |
| ID proof of the deponent | |
| 9. | |
| Memo | |
| 10. | |
| E-court fee receipt | |
| 11. | |
| Lucknow (Pradeep Kumar Singh ‘Bisen’) | |
| Advocate | |
| Date: 28.08.2020 Counsel for the Applicant | |
| Mobile No. 9415288732 | |
| AoR No. B/P0262 | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLHABAD | |
| LUCKNOW BENCH: LUCKNOW | |
| Crl. Misc. Case No. (B) Of 2020 | |
| Shubham Singh .....Applicant | |
| (In jail since 05.08.2020) | |
| Versus | |
| State of U.P. ....Opposite Party | |
| Annexure No. | |