| Prompt: | |
| Generate a Bail Application involving the following key legal details: | |
| - CASE: Crime No. 79 of 2020 | |
| - DISTRICT: Pratapgarh | |
| - BAIL APPLICATION: Bail Application No. 236 of 2022 | |
| --- | |
| Output: | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD | |
| LUCKNOW BENCH : LUCKNOW | |
| CRL. MISC. CASE NO. (B) OF 2022 | |
| Manish Singh son of Shri Hari Narayan Singh resident of | |
| Village - Muraini, Police Station – Sangramgarh, | |
| District – Pratapgarh | |
| ....Accused/Applicant | |
| (In Jail since 26.05.2020) | |
| Versus | |
| State of Uttar Pradesh through Additional Chief | |
| Secretary, Home, Civil Secretariat, Government of U.P., | |
| Lucknow | |
| ..........Opposite Party | |
| Case Crime No.: 79 of 2020 | |
| Under Section : 147, 302, 307, | |
| 308, 452, 323, 504, 506, 427, 325 | |
| of IPC | |
| Police Station :Sangramgarh | |
| District :Pratapgarh | |
| First Bail Application No. 236 of | |
| 2022 has been rejected on | |
| 08.06.2022 by this Hon'ble High | |
| Court. | |
| SECOND 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. 79 of 2020 under | |
| Sections 147, 302, 307, 308, 452, 323, 504, 506, 427, | |
| 325 of IPC related to the Police Station – | |
| Sangramgarh, District – Pratapgarh during the | |
| pendency of his trial, in the interest of justice. | |
| Lucknow (Pradeep Kumar Singh ‘Bisen’) | |
| Advocate | |
| Date: .2022 Counsel for the Applicant | |
| Note: | |
| The first bail application filed by the applicant | |
| bearing Crl. Misc. Case No. 236 (B) of 2022 (Manish | |
| Singh Vs State of U.P.) has been rejected on 08.06.2022 | |
| by Hon’ble Justice Shri Rajeev Singh ‘J’. | |
| Lucknow (Pradeep Kumar Singh ‘Bisen’) | |
| Advocate | |
| Date: .2022 Counsel for the Applicant | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLHABAD | |
| LUCKNOW BENCH: LUCKNOW | |
| CRL. MISC. CASE NO. (B) OF 2022 | |
| Manish Singh ....Accused/Applicant | |
| (In Jail since 26.05.2020) | |
| Versus | |
| State of U.P. ..........Opposite Party | |
| AFFIDAVIT | |
| (In support of first bail application) | |
| I, Hari Narayan Singh aged about 62 years son | |
| of Shri Sangam Singh resident of Village – Muraini, | |
| Dhangarh, Kunda District – Pratapgarh, Religion – | |
| Hindu, Qualification – Literate, Occupation – Former, | |
| the deponent do hereby solemnly affirm and state on | |
| oath as under :- | |
| That the deponent is the father of the applicant | |
| 1. | |
| and doing pairvi of the aforesaid case and as | |
| such he is fully conversant with the facts of the | |
| case deposed herein under. | |
| That the photograph of the deponent is being | |
| 2. | |
| pasted on the first page of this affidavit and | |
| photocopy of ID proof of the deponent is being | |
| annexed with this affidavit. | |
| That this is the second bail application on | |
| 3. | |
| behalf of the applicant on new grounds before | |
| this Hon'ble High Court. Earlier the first bail | |
| application filed by the applicant bearing Crl. | |
| Misc. Case No. 236 (B) of 2022 (Manish Singh Vs | |
| State of U.P.) has been rejected on 08.06.2022 by | |
| Hon’ble Justice Shri Rajeev Singh ‘J’. This is | |
| the second bail application of the applicant | |
| before the Hon'ble Court and no other bail | |
| application is pending before in any court of law | |
| on his behalf. The photocopy of the order dated | |
| 08.06.2022 passed by this Hon'ble High Court is | |
| being annexed herewith as Annexure No. 1 to this | |
| affidavit. | |
| That the brief fact of the case for proper | |
| 4. | |
| adjudication is being before this Hon'ble Court. | |
| That the first information report was logged by | |
| 5. | |
| the Smt. Shivraja Devi wife of Shri Radhey Shyam | |
| resident of Village - Muraini, Police Station – | |
| Sangramgarh, District – Pratapgarh (hereinafter | |
| referred to as ‘informant’) on the 22.05.2020 at | |
| 18.15 hours against the applicant and 11 others | |
| registered as Case Crime No. 79 of 2020 under | |
| Sections 147, 308, 452, 323, 504, 506, 427 of IPC | |
| relating to Police Station – Sangramgarh, | |
| District – Pratapgarh. The photo/type copy of the | |
| first information report dated 22.05.2020 is | |
| being annexed herewith as Annexure No. 2 to this | |
| affidavit. | |
| That according to the First Information Report | |
| 6. | |
| lodged by the informant, the prosecution story is | |
| in nutshell that on 22.05.2020 around 03.00 PM, | |
| the applicant alongwith others including his | |
| family members were trying to close the drainage | |
| and on protest of the informant they have abused | |
| her and beaten her and her family members with | |
| lathi, danda and axe. The informant further | |
| alleged that when entered the house of one Raj | |
| Bahadur for saving her life then the applicant | |
| and other accused also entered on said place and | |
| beaten her and also broken the several items. | |
| That the informant and other persons have injured | |
| 7. | |
| as stated by her but they have not approached to | |
| the doctor for their treatment. The medical of | |
| the injured conducted on 23.05.2020 and nothing | |
| was serious. The photo/copies of the medical of | |
| the informant and others are being annexed | |
| herewith as Annexure No. 3 to this affidavit. | |
| That the statement of the informant recorded by | |
| 8. | |
| the concerned police, in which she almost | |
| repeated her first information report. | |
| That on Raj Bahadur, who have allegedly beaten by | |
| 9. | |
| accused persons of the case crime has been died | |
| and the post mortem was conducted on 24.05.2020 | |
| in which 6 injuries shown and the cause of death | |
| ascertained as ‘anti-mortem head injuries’. The | |
| photo/typed copy of the post mortem report dated | |
| 24.05.2020 is being annexed herewith as Annexure | |
| No. 4 to this affidavit. | |
| That as per that post mortem, the deceased died | |
| 10. | |
| due to head injury and the prosecution is silent | |
| on this point that who is author of said injury, | |
| because general role has been assigned to all the | |
| alleged accused persons including the applicant. | |
| That the applicant is innocent and he has falsely | |
| 11. | |
| been implicated by the informant and the said | |
| first informant report just to save herself and | |
| her family members from the consequences of | |
| offences committed by them, regarding which a | |
| criminal case has been registered by the wife of | |
| the applicant, while no such incident has taken | |
| place as alleged by the informant. | |
| That the real fact of the case is that the | |
| 12. | |
| applicant and informant are resident of same | |
| village and having dispute regarding sahan, which | |
| is going on between them since long back. | |
| That 22.05.2020 around 15.00 hours, the uncle of | |
| 13. | |
| the applicant namely Hari Prasad Singh, who is | |
| also accused in the case crime, was cleaning his | |
| Sahan land then the informant and her family | |
| members tried to restrain him for doing so and | |
| also abused him. | |
| That the uncle of the applicant, when restrained | |
| 14. | |
| the informant and her family member from abusing | |
| then they assaulted upon him. On alarm of the | |
| uncle, the applicant and his father reached to | |
| the place of incident to save him then the | |
| informant and others again assaulted and for | |
| saving the life of his uncle, the applicant and | |
| his father entered their house but the informant | |
| and others not stopped and entered in the house | |
| of the applicant. | |
| That on alarm of the applicant, his father & | |
| 15. | |
| uncle, several villagers reached at the place of | |
| incident and pelted stone upon the informant and | |
| others for rescuing the applicant and his family | |
| members and after sustaining the injuries from | |
| the stone pelting of the villagers, the informant | |
| and others has run away from the place of | |
| incident. | |
| That due to assault of the informant and her | |
| 16. | |
| family members, the applicant and his family | |
| members has received grievous injuries. | |
| That after the assault of the informant upon the | |
| 17. | |
| applicant’s family, they approached to concerned | |
| police lodging the first information report | |
| against the informant and others but due to | |
| extraneous reasons, which was offered/received | |
| from the informant, the first information report | |
| has not lodged. | |
| That when nothing was done by the concerned | |
| 18. | |
| against the informant and others, while the first | |
| information report has been lodged against the | |
| applicant and others, an application under | |
| Section 156(3) of Cr.P.C. moved by the wife of | |
| the applicant before court concerned. | |
| That the aforesaid application of the applicant’s | |
| 19. | |
| wife allowed and treated as complaint and in | |
| which the informant and 12 others have been | |
| summoned by the court concerned vide order dated | |
| 08.03.2022. The photocopy of the order dated | |
| 08.03.2022 passed by the court concerned is being | |
| annexed herewith as Annexure No. 5 to this | |
| affidavit. | |
| That the applicant was sent to jail in connection | |
| 20. | |
| of the said case crime and his bail applications | |
| have been rejected from court below and | |
| thereafter the applicant has moved bail before | |
| this Hon'ble High Court on 05.01.2022 and was | |
| pending before this Hon'ble High Court. | |
| That the informant for the malicious reasons, on | |
| 21. | |
| his behest one Amarjeet Patel, who is allegedly | |
| injured of the case crime, lodged a first | |
| information report against the applicant and | |
| another on 21.05.2022 bearing Case Crime No. 434 | |
| of 2022 under Sections 506 of IPC registered at | |
| Police Station – Kotwali City, District – | |
| Pratapgarh stating therein that the applicant has | |
| given life threat to her in court premises. The | |
| photocopy of the first information report dated | |
| 21.05.2022 lodged by Amarjeet Patel is being | |
| annexed herewith as Annexure No. 6 to this | |
| affidavit. | |
| That the informant succeeded in her aim and in | |
| 22. | |
| result of same on 08.06.2022, this Hon'ble High | |
| Court, rejected bail application of the applicant | |
| in view of the first information report lodged by | |
| Amarjeet Patel and issued direction to the trial | |
| court to conclude the trial within a period of | |
| six months. | |
| That the Case Crime No. 434 of 2022 registered on | |
| 23. | |
| 21.05.2022 and till date no police report filed | |
| before the court concerned and investigation is | |
| still going on. The photo/typed copy of the | |
| questioner dated 21.09.2022 is being annexed | |
| herewith as Annexure No. 7 to this affidavit. | |
| That according to the prosecution story it | |
| 24. | |
| clearly reveals that story of the prosecution is | |
| based on only false, incorrect facts and grounds | |
| and also concerned police avoiding the truth of | |
| case and there is no an evidence against the | |
| applicant/accused. | |
| That apart from above mentioned, in which the | |
| 25. | |
| second bail application is being moving by the | |
| applicant, two other false and wrong cases have | |
| been lodged against the applicant and in counter | |
| affidavit filed by the state in earlier bail, | |
| showing the 5 cases including the present case | |
| crime. The photocopy of the criminal history as | |
| given by the state in counter affidavit of Crl. | |
| Misc. Case No. 236 of 2022 is being annexed | |
| herewith as Annexure No. 8 to this affidavit. | |
| That the case mentioned in the criminal history | |
| 26. | |
| chart, in first case has been closed by the | |
| Juvenile Justice Board, Pratapgarh. S. No. 2 & 3 | |
| are proceeding of 110G of Cr.P.C., 4th is present | |
| and in 5th case (under Gangster Act), the bail | |
| application has not moved on behalf of the | |
| applicant. The photocopy of the order dated | |
| 14.12.2021 passed by the Juvenile Justice Board, | |
| Pratapgarh is annexed herewith as Annexure No. 9 | |
| to this affidavit. | |
| That there is total 23 witnesses of the trial, | |
| 27. | |
| which is going on before the trial and till date | |
| only five witnesses, in which four are witnesses | |
| of fact, have been examined and there is no hope | |
| to conclude the trial within 6 months as directed | |
| by this Hon'ble High Court vide order dated | |
| 08.06.2022. | |
| That the applicant had applied for bail before | |
| 28. | |
| the Sessions Judge, Pratapgarh bearing Bail | |
| Application No. 150 of 2021 but the same has been | |
| rejected on insufficient grounds vide order dated | |
| 22.01.2021. The photo copy of bail rejection | |
| order dated 22.01.2021 passed by the learned | |
| court is annexed herewith as Annexure No. 10 to | |
| this affidavit. | |
| That since the applicant has not committed any | |
| 29. | |
| offence as alleged but he has been falsely | |
| implicated in the case by the informant and their | |
| family members in malafide intention. | |
| That there is no possibility of the applicant | |
| 30. | |
| conviction because he has not committed the crime | |
| in question, as alleged by the prosecution. | |
| That there is no chance of applicant absconding | |
| 31. | |
| or tampering with the prosecution witnesses and | |
| they are willing to offer bail to the | |
| satisfaction of this Hon’ble Court. | |
| That the applicant is in Jail since 26.05.2020 | |
| 32. | |
| without committing any offence. | |
| That the applicant will cooperate with the trial | |
| 33. | |
| and will not tamper the prosecution witnesses. | |
| That the applicant undertakes that they will not | |
| 34. | |
| misuse the liberty of bail if so granted by this | |
| Hon’ble Court. | |
| That the applicant is ready and willing to file | |
| 35. | |
| adequate surety as the Hon’ble Court may deems | |
| fit and proper in the circumstances of the case. | |
| That in view of the above, it would be expedient | |
| 36. | |
| and necessary in the interest of justice that the | |
| applicant be enlarged on bail Case Crime No. 79 | |
| of 2020 under Sections 147, 302, 307, 308, 452, | |
| 323, 504, 506, 427, 325 of IPC related to the | |
| Police Station – Sangramgarh, District – | |
| Pratapgarh, during pendency of case. | |
| Lucknow | |
| Date : .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 : .2022 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, above named, | |
| 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 to her. | |
| OATH COMMISSIONER | |
| Code: 401 508 | |
| GROUP : Bail | |
| DISTRICT: Pratapgarh | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLHABAD | |
| LUCKNOW BENCH: LUCKNOW | |
| CRL. MISC. CASE NO. (B) OF 2022 | |
| Manish Singh ....Accused/Applicant | |
| (In Jail since 26.05.2020) | |
| Versus | |
| State of U.P. ..........Opposite Party | |
| INDEX | |
| Sr | |
| Particulars Page | |
| No. | |
| No. | |
| 1 | |
| Application for Bail (second) Separate | |
| 2 Affidavit in support of second bail | |
| application | |
| 3 | |
| Annexure No. 1 | |
| The photocopy of the order dated | |
| 08.06.2022 passed by this Hon'ble | |
| High Court | |
| 4 | |
| Annexure No. 2 | |
| The photo/type copy of the first | |
| information report dated 22.05.2020 | |
| 5 | |
| Annexure No. 3 | |
| The photo/copies of the medical of | |
| the informant and others | |
| 6 | |
| Annexure No. 4 | |
| The photo/typed copy of the post | |
| mortem report dated 24.05.2020 | |
| 7 | |
| Annexure No. 5 | |
| The photocopy of the order dated | |
| 08.03.2022 passed by the court | |
| concerned | |
| 8 | |
| Annexure No. 6 | |
| T The photocopy of the first | |
| information report dated 21.05.2022 | |
| lodged by Amarjeet Patel | |
| 9 | |
| Annexure No. 7 | |
| The photo/typed copy of the | |
| questioner dated 21.09.2022 | |
| 10 | |
| Annexure No. 8 | |
| The photocopy of the criminal history | |
| as given by the state in counter | |
| affidavit of Crl. Misc. Case No. 236 | |
| of 2022 | |
| 11 | |
| Annexure No. 9 | |
| The photocopy of the order dated | |
| 14.12.2021 passed by the Juvenile | |
| Justice Board, Pratapgarh | |
| 12 | |
| Annexure No. 10 | |
| The photo copy of bail rejection | |
| order dated 22.01.2021 passed by the | |
| learned court | |
| 13 | |
| Photocopy of ID of the deponent | |
| 14 | |
| Memo | |
| Lucknow (Pradeep Kumar Singh ‘Bisen’) | |
| Advocate | |
| Date: .2022 Counsel for the Applicant | |
| Mobile No.: 9415288732 | |