| Prompt: | |
| Generate a Bail Application involving the following key legal details: | |
| - CASE: Crime No. 19 of 2006 | |
| - 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 | |
| Rajesh Kumar Pandey alias Napoleon aged about 44 years | |
| son Shri Ramakant Pandey, resident of Village - Nevani | |
| Narai, Police Station - Sangramgarh, District – | |
| Pratapgarh | |
| .....Applicant | |
| (In Jail from 05.10.2018) | |
| Versus | |
| State of Uttar Pradesh .....Opposite Party | |
| Case Crime No. 19 of 2006 | |
| U/S 307 I.P.C. | |
| Police Station - Sangramgarh | |
| District – Pratapgarh | |
| Bail application rejected by 1st | |
| Additional Session Judge/ Special | |
| Judge, Human Rights and POSCO Act, | |
| Pratapgarh, on 05.10.2018 | |
| 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. 19 of 2006 | |
| U/S 307 I.P.C. | |
| Police Station - Sangramgarh | |
| District – Pratapgarh | |
| Bail application rejected by 1st | |
| Additional Session Judge/ Special | |
| Judge, Human Rights and | |
| POSCO Act, Pratapgarh, on 5.10.2018 | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD, | |
| LUCKNOW BENCH, LUCKNOW | |
| Criminal Misc. Case No. (B) of 2018 | |
| Rajesh Kumar Pandey alias Napoleon | |
| ...Applicant | |
| (In Jail from 05.10.2018) | |
| Versus | |
| State of Uttar Pradesh ....Opposite Party | |
| AFFIDAVIT | |
| (In support of bail application) | |
| I, Nagendra Pratap Singh aged about 37 years son of | |
| Shri Awadhesh Pratap Singh Resident of Village – | |
| Nauriha, Police Station – Sangramgarh, District – | |
| Pratapgarh, Religion – Hindu, Education – Literate, | |
| Occupation – Agriculture, do hereby solemnly affirm and | |
| state 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 brief facts of the case is that; on | |
| 3. | |
| 07.04.2006, the informant Shiv Mohan Singh | |
| resident of Shri Chandra Pal Singh resident of | |
| Village - Nevani Narai, Police Station - | |
| Sangramgarh, District – Pratapgarh lodged a first | |
| information report bearing Case Crime No. 19 of | |
| 2006 under Section 307 I.P.C. at Police Station – | |
| Sangramgarh, District – Pratapgarh against the | |
| applicant/petitioner with regard to attempt to | |
| murder of the opposite party No. 2 by firing three | |
| rounds with 15 Bore country made pistol (Katta) on | |
| 06.04.2006. 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 medical of the injured/informant was | |
| 4. | |
| conducted initially at Community Heath Centre, | |
| Sangramgarh, District – Pratapgarh on 06.04.2006 | |
| and thereafter his medical conducted at S. R. N. | |
| Hospital, Allahabad. The photo/typed copy of the | |
| medical reports of the injured/informant is being | |
| annexed herewith as Annexure No. 2 to this | |
| affidavit. | |
| That the statement of the informant has been | |
| 5. | |
| recorded under Section 161 of Cr.P.C. by the | |
| concerned police in which he repeated his first | |
| information version after modified his story to | |
| prove his allegation. The photocopy of the | |
| statement of the informant is being annexed | |
| herewith as Annexure No. 3 to this affidavit. | |
| That after lodging the first information report | |
| 6. | |
| the investigating officer after proper | |
| investigation i.e. on basis of statements of the | |
| witnesses & other evidences, submitted the final | |
| report bearing No. 09 of 2006 dated 11.07.2011 in | |
| favour of the applicant. The photo/typed copy of | |
| the final report dated 11.07.2006 is being annexed | |
| herewith as Annexure No. 4 to this affidavit. | |
| That thereafter the informant against the final | |
| 7. | |
| report dated 11.07.2006 moved protest application | |
| before the court concerned on 30.10.2006. The | |
| opposite party No. 2 made several allegations upon | |
| the investigating officer on false and frivolous | |
| basis. | |
| That upon said protest application, after hearing | |
| 8. | |
| to the parties concerned, the court concerned vide | |
| its order dated 18.04.2007 quashed the final | |
| report dated 11.07.2006 directed to investigate | |
| the matter under Section 190(1)B of Cr.P.C.. The | |
| photocopy of the order dated 18.04.2007 passed by | |
| the court concerned is being annexed herewith as | |
| Annexure No. 5 to this affidavit. | |
| That the informant, lodged the said first | |
| 9. | |
| information report and later on filed protest | |
| application against final report dated 11.07.2006 | |
| only for the harassing to the applicant and his | |
| family members and try to blackmail. | |
| That the summoning order dated 18.06.2007 has | |
| 10. | |
| never been served upon the applicant thus he was | |
| not aware about the said criminal proceeding. | |
| Meanwhile the learned court below imitated the | |
| proceeding under Section 82 of Cr.P.C. against the | |
| applicant on 07.09.2017. | |
| That the applicant challenged the summoning dated | |
| 11. | |
| 18.06.2007 as well as Non Bail Warrant order dated | |
| 07.09.2017 issued by the learned court below | |
| before this Hon'ble High Court by filing Crl. | |
| Misc. Case No. 2479 (A-482) of 2018 (Rajesh Kumar | |
| Pandey alias Napoleon Vs State of U.P. and | |
| another). | |
| That aforesaid case has been decided by this | |
| 12. | |
| Hon'ble High Court on 26.04.2018 and directed the | |
| applicant to surrender before the court concerned | |
| and moved bail application and such application | |
| would be decided by the court concerned under the | |
| law laid down in Lal Kamlendra Pratap Singh Vs. | |
| State of U.P., reported in 2009(3) ADJ, 322 (SC). | |
| The photocopy of the order dated 26.04.2018 passed | |
| by this Hon'ble High Court is being annexed | |
| herewith as Annexure No. 6 to this affidavit. | |
| That in pursuant to directions of this Hon'ble | |
| 13. | |
| High Court the applicant surrendered before the | |
| court concerned and the court concerned granted | |
| interim bail to the applicant but later on the | |
| bail application has been rejected by the court. | |
| That it is also relevant to mention here that no | |
| 14. | |
| case is made out against the applicant as alleged | |
| in the said application and applicant has never | |
| committed any offence as alleged. | |
| That it is relevant to mention here that the | |
| 15. | |
| applicant was falsely implicated by the informant | |
| in said case crime with collusion of the concerned | |
| police. | |
| That the applicant has no concerned with said | |
| 16. | |
| offence committed with the informant but the he | |
| was falsely implicate in said case crime. | |
| 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 307 I.P.C. is made | |
| out against the applicant. | |
| That neither any evidence was found against the | |
| 18. | |
| 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 | |
| 19. | |
| 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 | |
| 20. | |
| No. 772 of 2018 before 1st Additional Session | |
| Judge/ Special Judge, Human Rights and POSCO Act, | |
| and his bail application has been rejected by the | |
| court concerned on 05.10.2018. The free copy and | |
| certified copy of the order dated 05.10.2018 | |
| passed by court concerned is being annexed as | |
| Annexure No. 7 to this application. | |
| That the learned 1st Additional Session Judge/ | |
| 21. | |
| Special Judge, Human Rights and POSCO Act on basis | |
| of criminal history rejected the bail application | |
| of the applicant, which is as under: | |
| Case Crime No. 19 of 2006 under Sections 307 of | |
| i. | |
| IPC at Police Station – Sangramgarh, District – | |
| Pratapgarh, in which the applicant is in jail. | |
| Case Crime No. 17 of 2005 under Sections | |
| ii. | |
| 323, 504, 506 of IPC at Police Station – | |
| Sangramgarh, District – Pratapgarh, in which | |
| the applicant is enlarged on bail and trail is | |
| going on. | |
| Case Crime No. 47 of 2006 under Sections | |
| iii. | |
| 323, 504 of IPC at Police Station – | |
| Sangramgarh, District – Pratapgarh, with this | |
| regard, the applicant has no any information. | |
| Case Crime No. 124 of 2007 under Sections | |
| iv. | |
| 307 of IPC at Police Station – Nawabganj, | |
| District – Pratapgarh, in which the applicant | |
| acquittal by the court concerned. | |
| Case Crime No. 126 of 2007 under Sections 25 of | |
| v. | |
| Arms Act at Police Station – Nawabganj, | |
| District – Pratapgarh, in which the applicant | |
| acquittal by the court concerned. | |
| Case Crime No. 91 of 2008 under Sections | |
| vi. | |
| 2/3 of U.P. Gangster and Anti-Social Activities | |
| (Prevention) Act, 1986 at Police Station – | |
| Sangramgarh, District – Pratapgarh, in which | |
| the applicant acquittal by the court concerned. | |
| The photocopy of the acquittal order passed by | |
| court concerned is being annexed as Annexure | |
| No. 8 to this application. | |
| Case Crime No. 58 of 2009 under Sections | |
| vii. | |
| 110G of Cr.P.C. at Police Station – | |
| Sangramgarh, District – Pratapgarh, the said | |
| proceeding is windup. | |
| Case Crime No. 23 of 2011 under Sections | |
| viii. | |
| 110G of Cr.P.C. at Police Station – | |
| Sangramgarh, District – Pratapgarh, the said | |
| proceeding is windup. | |
| Case Crime No. 139 of 2012 under Sections | |
| ix. | |
| 110G of Cr.P.C. at Police Station – | |
| Sangramgarh, District – Pratapgarh, the said | |
| proceeding is windup. | |
| The serial No. iv & v of the above list were lodged by | |
| the concerned police falsely showing the applicant was | |
| involve in police encounter. | |
| That the applicant in jail since 05.10.2018 | |
| 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 in view of the above, it would be expedient | |
| 27. | |
| 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 | |
| Rajesh Kumar Pandey alias Napoleon | |
| ...Applicant | |
| (In Jail from 05.10.2018) | |
| 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 | |
| 07.04.2006 | |
| Annexure No. 2 | |
| 4. | |
| The photo/typed copy of the | |
| medical reports of the | |
| injured/informant | |
| Annexure No. 3 | |
| 5. | |
| The photocopy of the statement of | |
| the informant | |
| Annexure No. 4 | |
| 6. | |
| The photo/typed copy of the final | |
| report dated 11.07.2006 | |
| Annexure No. 5 | |
| 7. | |
| The photocopy of the order dated | |
| 18.04.2007 passed by the court | |
| concerned | |
| Annexure No. 6 | |
| 8. | |
| The photocopy of the order dated | |
| 26.04.2018 passed by this Hon'ble | |
| High Court | |
| Annexure No. 7 | |
| 9. | |
| The photo copy of the order dated | |
| 05.10.2018 passed by court | |
| concerned | |
| Annexure No. 8 | |
| 10. | |
| The photocopy of the acquittal | |
| order passed by court concerned | |
| ID proof of the deponent | |
| 11. | |
| Memo | |
| 12. | |
| Lucknow (Pradeep Kumar Singh ‘Bisen’) | |
| Advocate | |
| Date: .2018 Counsel for the Applicant | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD, | |
| LUCKNOW BENCH, LUCKNOW | |
| Criminal Misc. Case No. (B)of 2018 | |
| Rajesh Kumar Pandey Versus State of U. P. | |
| Type copy of the Annexure No. | |
| Examine Sri Shiv Mohan Singh aged 55 M S/o Sri Late | |
| Chandra Pal Singh R/o Village – Narai Police Station – | |
| Sangramgarh PBH on 06.04.06 at 7.15AM at CHC | |
| Sangramgarh, PBH B/B VP 351 Aftab Alam Police Station – | |
| Sangramgarh, PBH M/I LTE Turn Blue not | |
| Injury | |
| Gun shot wound of entry .3*.3cm* dept 1Cm on Lt | |
| side of forehead 2 cm above medial 1 cm | |
| No Bleeding | |
| Injury is come by gun shot from in | |
| Aa X-ray | |
| Ref to SRN Hospital, Alld for | |
| X-ray & | |
| Sd illegible | |
| Seal of hospital | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD, | |
| LUCKNOW BENCH, LUCKNOW | |
| Criminal Misc. Case No. (B)of 2018 | |
| Rajesh Kumar Pandey Versus State of U. P. | |
| Type copy of the Annexure No. | |
| Department of Radiology | |
| M.L.N. Medical Collage | |
| S.R.N. Hospital, Allahabad | |
| Name of patient Shiv Mohan Singh | |
| WD/OPD W/B E-26 | |
| X-Ray Nos No. 2495-99/06 | |
| Year Date 06.04.06 | |
| MLC X-Ray report | |
| X-ray lt knee AP Lat view | |
| These is evidence of fracture of medial inter | |
| tubercle of tibia seen in the part visualised. | |
| X-ray Rt shoulder jt AP Lat | |
| No bony fracture seen in the part visualised. | |
| X-ray Skull AP Lat | |
| No bony fracture seen in the part visualised. | |
| Sd | |
| illegible | |
| 11.04.06 | |
| Dr. R. Ranjan | |
| Seal of hospital | |