| Prompt: | |
| Generate a Bail Application involving the following key legal details: | |
| - CASE: Crime No. 412 of 2021 | |
| - SECTIONS: 2/3 of U.P. | |
| - POLICE STATION: Kunda | |
| - DISTRICT: Pratapgarh | |
| - BAIL APPLICATION: Not available | |
| --- | |
| Output: | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD | |
| SITTING AT : LUCKNOW | |
| Crl. Misc. Case No. (BAIL) Of 2022 | |
| Sudhakar Singh aged about 38 years son of Shri Kunj | |
| Bihari Singh resident of Village – Purmai Sultanpur, | |
| Police Station – Maheshganj, District – Pratapgarh | |
| presently residing at House No. 20/71, Sector – 20, | |
| Indira Nagar, Lucknow | |
| ....Accused/ Applicant | |
| (In Jail since 08.09.2021) | |
| Versus | |
| State of U.P. through Additional Chief Secretary Home, | |
| Government of U.P., Civil Secretariat, Lucknow | |
| .... Opposite Party | |
| Crime No: 412 of 2021 | |
| Under Section: 2/3 of U.P. | |
| Gangster and Anti-Social | |
| Activities (Prevention) Act, 1986 | |
| Police Station: Kunda | |
| District: Pratapgarh | |
| Bail No. 321 of 2022 rejected by | |
| Additional Session Judge/Special | |
| Judge (Gangster Act), Court No.5, | |
| Pratapgarh on Date: 08.02.2022 | |
| 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. 412 of 2021 under | |
| section 2/3 of U.P. Gangster and Anti-Social | |
| Activities (Prevention) Act, 1986 registered at | |
| Police Station – Kunda, District– Pratapgarh during | |
| the pendency of his trial, in the interest of | |
| justice. | |
| Lucknow (Pradeep Kumar Singh ‘Bisen’) | |
| Advocate | |
| Date: .02.2022 Counsel for the Applicant | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT | |
| ALLHABAD SITTING AT: LUCKNOW | |
| Crl. Misc. Case No. (BAIL) Of 2022 | |
| Sudhakar Singh …..Applicant | |
| (In Jail since 08.09.2021) | |
| Versus | |
| State of U.P. through Additional Chief Secretary | |
| Home, Government of U.P., Civil Secretariat, Lucknow | |
| ....Opposite Party | |
| AFFIDAVIT | |
| (In support of first bail application) | |
| I, Durga Bux Singh aged about 50 years son of | |
| Shri Satya Dev Singh resident of 3/344, Vishwash | |
| Khand – 3, Police Station - Gomti Nagar, Lucknow, | |
| Religion – Hindu, Occupation – Business, Education – | |
| Graduate, do hereby solemnly affirm and states on | |
| oath as under :- | |
| That the deponent is cousin brother of applicant | |
| 1. | |
| and doing pairvi of Applicant in the above noted | |
| case and duly authorized by him for filing | |
| instant application before the Hon'ble Court and | |
| as such he is fully conversant with the facts of | |
| the case deposed herein 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 10.12.2021 at about 23.22 Hours, the | |
| 4. | |
| informant Shri Pradeep Kumar, In-Charge Station | |
| House Officer, Police Station – Kunda, District – | |
| Pratapgarh lodged a first information report | |
| against 10 persons including the applicant at | |
| Case Crime No. 412 of 2021 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 certified and typed | |
| copy of the first information report dated | |
| 10.12.2021 is being annexed herewith as Annexure | |
| No. 1 to this affidavit. | |
| That brief fact of the alleged prosecution story | |
| 5. | |
| is that the applicant is gang leader of 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 07.12.2021. 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 10.12.2021 under Section | |
| 2/3 of Gangster Act, The two cases mentioned in | |
| the gang chart are as below:- | |
| Case Crime No. 124 of 2021 under Sections | |
| 8.i. | |
| 420, 467, 468, 471, 272, 273 of I.P.C., | |
| 60A, 60 of U.P. Excise Act, 1910, 63, 63A | |
| of Copyright Act, 1957 and 103, 104 of The | |
| Trade and Merchandise Marks Act, 1958 at | |
| Police Station – Kunda, District – | |
| Pratapgarh, in which the applicant has | |
| been granted bail on 16.12.2021 by this | |
| Hon'ble High Court. | |
| Case Crime No. 125 of 2021 under | |
| 8.ii. | |
| Sections 420, 467, 468, 471, 272, 273 of | |
| I.P.C., 60A, 60 of U.P. Excise Act, 1910, | |
| 63, 63A of Copyright Act, 1957 and 103, | |
| 104 of The Trade and Merchandise Marks | |
| Act, 1958 at Police Station – Kunda, | |
| District – Pratapgarh, in which the | |
| applicant has been granted bail on | |
| 16.12.2021 by this Hon'ble High Court. | |
| The photocopies of Bail orders passed by this | |
| Hon'ble High Court are being annexed herewith as | |
| Annexure No.3 to this affidavit. | |
| That the cases mentioned in the gang chart, name | |
| 9. | |
| of the applicant came in light on the information | |
| given by the informer. It is also relevant to | |
| mention that the applicant has no concern with | |
| the adulterated liquor and no recovery has been | |
| made from the applicant. | |
| That the applicant is falsely implicated in | |
| 10. | |
| several cases lodged against the applicant, which | |
| the applicant has not committed any offense. The | |
| details of the case, which are lodged against the | |
| applicant, as per best knowledge of the applicant | |
| are as under:- | |
| Case Crime No. 48 of 2021 under section 420, 467, | |
| 468, 471, 272, 273 of I.P.C., 60, 63 of U.P. | |
| Excise Act, Police Station - Hathigawan | |
| District – Pratapgarh, in which the applicant | |
| granted bail on 25.01.2022 passed by the court | |
| below. | |
| Case Crime No. 49 of 2021 under Sections 420, 467, | |
| 468, 471, 272, 273 of I.P.C., 60(2), 63 of U.P. | |
| Excise Act, 1910, 63A of Copyright Act, 1957 | |
| and 103, 104 of The Trade and Merchandise Marks | |
| Act, 1958 registered at Police Station – | |
| Hathigawan, District – Pratapgarh, in which the | |
| applicant has been granted bail on 06.12.2021 | |
| by this Hon'ble High Court. | |
| Case Crime No. 50 of 2021 under Sections 420, 467, | |
| 468, 471, 272, 273 of I.P.C., 60(2), 60A, 63 of | |
| U.P. Excise Act, 1910, 63A of Copyright Act, | |
| 1957 and 103, 104 of The Trade and Merchandise | |
| Marks Act, 1958 registered at Police Station – | |
| Hathigawan, District – Pratapgarh, in which the | |
| applicant has been granted bail on 07.12.2021 | |
| by this Hon'ble High Court. | |
| Case Crime No. 124 of 2021 under Sections 420, | |
| 467, 468, 471, 272, 273 of I.P.C., 60A, 60 of | |
| U.P. Excise Act, 1910, 63, 63A of Copyright | |
| Act, 1957 and 103, 104 of The Trade and | |
| Merchandise Marks Act, 1958 at Police Station – | |
| Kunda, District – Pratapgarh, in which the | |
| applicant has been granted bail on 16.12.2021 | |
| by this Hon'ble High Court. | |
| Case Crime No. 125 of 2021 under Sections 420, | |
| 467, 468, 471, 272, 273 of I.P.C., 60A, 60 of | |
| U.P. Excise Act, 1910, 63, 63A of Copyright | |
| Act, 1957 and 103, 104 of The Trade and | |
| Merchandise Marks Act, 1958 at Police Station – | |
| Kunda, District – Pratapgarh, in which the | |
| applicant has been granted bail on 16.12.2021 | |
| by this Hon'ble High Court. | |
| Case Crime No. 107 of 2021 under Sections 302, | |
| 307, 120B, 34, 272, 419, 420, 467, 468, 471 of | |
| IPC and 60 of U.P. Excise Act registered at | |
| Police Station – Gossainganj, District – | |
| Ayodhya, in which the applicant has been | |
| granted bail on 22.12.2021 by this Hon'ble High | |
| Court. | |
| Case Crime No. 121 of 2021 under Sections 3/25 | |
| Arms Act registered at Police Station – | |
| Maheshganj, District – Pratapgarh, in which the | |
| applicant has been granted bail vide order | |
| dated ………. passed by the court below. | |
| Case Crime No. 208 of 2021 under Sections 419, | |
| 420, 467, 468, 471, 486, 487, 272 of I.P.C., | |
| 60, 60A, 63 of U.P. Excise Act, 1910, 63A of | |
| Copyright Act, 1957 and 103, 104 of The Trade | |
| and Merchandise Marks Act, 1958 registered at | |
| Police Station – Hathigawan, District – | |
| Pratapgarh, which has been lodged by the | |
| concerned police, when the applicant is in | |
| jail, in which the applicant has been granted | |
| bail on 07.12.2021 by this Hon'ble High Court. | |
| That the aforesaid 8 cases are recently lodged | |
| against the applicant under the political | |
| pressure. | |
| Case Crime No. 15 of 2016 under Sections 420, 467, | |
| 468, 471, 272, 273 of I.P.C., registered at | |
| Police Station – Maheshganj, District – | |
| Pratapgarh, in which the investigation is going | |
| on. | |
| Case Crime No. 517 of 2016 under Sections 420, | |
| 467, 468, 471, 272, 273 of I.P.C., 60, 63 of | |
| U.P. Excise Act, 1910, 63A of Copyright Act, | |
| 1957 registered at Police Station – Mil Area, | |
| District – Raebareli, in which the applicant | |
| has been granted bail vide order dated | |
| 05.05.2017 passed by the court below. | |
| Case Crime No. 17 of 2016 under Section 135 The | |
| Electricity Act registered at Police Station – | |
| Maheshganj, District – Pratapgarh, in which the | |
| applicant has paid the bill but the concerned | |
| police in malafide manner submitted the charge | |
| sheet against the applicant. | |
| Case Crime No. 178 of 2014 under Sections 420, | |
| 467, 468, 471, 272, 273, 427 of I.P.C., 60, 63 | |
| of U.P. Excise Act, 1910, 3/4 of Copyright Act, | |
| 1957 and 103, 104 of The Trade and Merchandise | |
| Marks Act, 1958 registered at Police Station – | |
| Maheshganj, District – Pratapgarh, in which the | |
| charge sheet has been submitted by concerned | |
| police and the applicant is exonerated from the | |
| said case crime as he was falsely implicated in | |
| case. | |
| Case Crime No. 44 of 2018 under Sections 420, 467, | |
| 468, 471, 272, 273 of I.P.C., 60, 63 of U.P. | |
| Excise Act, 1910 registered at Police Station – | |
| Nawabganj, District – Pratapgarh, in which the | |
| charge sheet has been submitted by concerned | |
| police and the applicant is exonerated from the | |
| said case crime as he was falsely implicated in | |
| case. | |
| Case Crime No. 513 of 2010 under Sections 307, | |
| 323, 325, 364, 395, 427 of I.P.C. and 7 of | |
| Criminal Law Amendment Act registered at Police | |
| Station – Kunda, District – Pratapgarh, in | |
| which the applicant has been granted bail on | |
| 18.02.2011 by this Hon'ble High Court. | |
| The photocopies of the bail order passed by the | |
| court below and this Hon'ble High Court alongwith | |
| other related documents of the applicant are | |
| being annexed herewith as Annexure No. 4 to this | |
| application. | |
| That it is relevant to mention here that the | |
| 11. | |
| applicant is neither member of alleged gang as | |
| alleged in the first information report nor | |
| involved 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. | |
| The police for showing there good work falsely | |
| 12. | |
| implicated the applicant in the said case crime. | |
| That the real fact is that the applicant is | |
| 13. | |
| innocent and belongs to a respected family and | |
| has good reputation being national player of | |
| volleyball. | |
| That the applicant was serving to the Central | |
| 14. | |
| Government and was posted as Point-man, at | |
| Northern Railways, District – Sultanpur. The | |
| photo/type copy of the certificate issued by the | |
| railway authority on 15.04.2021 is being annexed | |
| herewith as Annexure No. 5 to this application. | |
| That the applicant had shifted to Lucknow along | |
| 15. | |
| with his family since long back and he rarely | |
| visits his village. | |
| That the children of the applicant are studying | |
| 16. | |
| in class VIII & III City Montessori School, | |
| Indira Nagar, Lucknow and due to false | |
| implication in said case crime, the career of the | |
| children gone in dark. | |
| That the applicant was National Player of | |
| 17. | |
| Volleyball and won several awards and lastly he | |
| was participated in 31st National Games, Punjab – | |
| 2001, in which he secured Silver Medal. The | |
| photocopies of the certificates related to the | |
| volleyball are being annexed herewith as Annexure | |
| No. 6 to this application. | |
| That the entire case has been made and based | |
| 18. | |
| against the applicant only on information of the | |
| police informer, which is not reliable as nothing | |
| is supported to prosecution story. | |
| That informant working for the present local | |
| 19. | |
| Member of the Parliament of the ruling party due | |
| to political vendetta, he has been falsely | |
| implicated in the case crime. | |
| That in result of the above, the informant | |
| 20. | |
| falsely implicates the applicant, in the said | |
| crime for ulterior motive, which is baseless and | |
| illegal as the applicant is not involved in any | |
| criminal activity as alleged against him. | |
| That the applicant is in jail since 08.09.2021 | |
| 21. | |
| without committing any offence as alleged against | |
| him. | |
| That the applicant does not committed any offence | |
| 22. | |
| 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 | |
| 23. | |
| 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 the applicant had moved his bail application | |
| 24. | |
| bearing number 321 of 2022 before the Additional | |
| Session judge/Special Judge (Gangster), Room | |
| No.5, Pratapgarh and same has been rejected on | |
| 08.02.2022. The free copy of the bail rejection | |
| order dated 08.02.2022 passed by the court below | |
| is annexed herewith as Annexure No. 7 to this | |
| affidavit. | |
| That the applicant will not misuse the liberty of | |
| 25. | |
| bail if so granted by this Court. | |
| That the applicant is previously not convicted by | |
| 26. | |
| any court of law. | |
| That the applicant further declares in compliance | |
| 27. | |
| of the Section 19(4)(b) of U.P. Gangster and | |
| Anti-Social Activities (Prevention) Act, 1986 | |
| that the applicant is committed any offense as | |
| alleged in the first information report and also | |
| he is not likely to commit any offense while on | |
| bail, if so granted by this Hon'ble High Court. | |
| That the applicant has no motive to commit the | |
| 28. | |
| 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 | |
| 29. | |
| absconding or tempering with the prosecution | |
| witnesses. | |
| That the applicant is ready to furnish personal | |
| 30. | |
| 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 | |
| 31. | |
| and necessary in the interest of justice that the | |
| applicant be enlarged on bail during pendency of | |
| his trial. | |
| Lucknow | |
| Date : .02.2022 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 : .02.2022 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 AOR | |
| No: B/P 0262 resident of “Narsinghpur House”, 25 Preet | |
| Vihar Colony, Raiberelly 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 SITTING AT: LUCKNOW | |
| Crl. Misc. Case No. (BAIL) Of 2022 | |
| Sudhakar Singh …..Applicant | |
| (In Jail since 08.09.2021) | |
| Versus | |
| State of U.P. through Additional Chief Secretary | |
| Home, Government of U.P., Civil Secretariat, Lucknow | |
| ....Opposite Party | |
| INDEX | |
| Sr | |
| Particulars Page | |
| No | |
| No. | |
| Application for Bail | |
| 1. | |
| Affidavit in support of bail | |
| 2. | |
| application | |
| Annexure No. 1 | |
| 3. | |
| The certified and typed copy of the | |
| first information report dated | |
| 10.12.2021 | |
| Annexure No. 2 | |
| 4. | |
| The photo and typed copy of the gang | |
| chart | |
| Annexure No. 3 | |
| 5. | |
| The photocopies of Bail orders passed | |
| by this Hon'ble High Court | |
| Annexure No. 4 | |
| 6. | |
| The photocopies of the bail order | |
| passed by the court below and this | |
| Hon'ble High Court alongwith other | |
| related documents of the applicant | |
| Annexure No. 5 | |
| 7. | |
| The photo/type copy of the certificate | |
| issued by the railway authority on | |
| 15.04.2021 | |
| Annexure No. 6 | |
| 8. | |
| The photocopies of the certificates | |
| related to the volleyball | |
| Annexure No. 7 | |
| 9. | |
| The free copy of the bail rejection | |
| order dated 08.02.2022 passed by the | |
| court below | |
| ID proof of the deponent | |
| 10. | |
| Memo | |
| 11. | |
| Lucknow (Pradeep Kumar Singh ‘Bisen’) | |
| Advocate | |
| Date: .02.2022 Counsel for the Applicant | |
| Mobile No. 9415288732 | |
| AoR No. B/P0262 | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT | |
| ALLHABAD SITTING AT: LUCKNOW | |
| Crl. Misc. Case No. (BAIL) Of 2022 | |
| Sudhakar Singh …..Applicant | |
| (In Jail since 08.09.2021) | |
| Versus | |
| State of U.P. through Additional Chief Secretary | |
| Home, Government of U.P., Civil Secretariat, Lucknow | |
| ....Opposite Party | |
| Annexure NO. | |