| Prompt: | |
| Generate a Bail Application involving the following key legal details: | |
| - CASE: Crime No. 98 of 2021 | |
| - DISTRICT: Not available | |
| - BAIL APPLICATION: Not available | |
| --- | |
| Output: | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD | |
| LUCKNOW BENCH, LUCKNOW | |
| Crl. Misc. Application No. (ABAIL) of 2022 | |
| Monu alias Sunil Saroj ...Applicant | |
| Versus | |
| State of Uttar Pradesh through its Additional Chief | |
| Secretary, Home, Government of U.P., Civil Secretariat, | |
| Lucknow | |
| ....Opposite Party | |
| INDEX | |
| Sr.No | |
| Particulars Page No. | |
| Application for anticipatory bail | |
| under section 438 Cr.P.C. | |
| 1. | |
| Affidavit in support of application | |
| 2. | |
| Annexure No. 1 | |
| 3. | |
| The photocopy of the order dated | |
| 09.06.2021 passed by this Session | |
| Judge, Pratapgarh | |
| Annexure No. 2 | |
| 4. | |
| The photo/typed copy of the FIR | |
| dated 20.04.2021 | |
| Annexure No. 3 | |
| 5. | |
| The Typed copy of the recovery dated | |
| 21.04.2021 | |
| Annexure No. 4 | |
| 6. | |
| The photocopy of the representation | |
| moved by the deponent before the | |
| Chairman of S. C. & S. T. | |
| Commission, U.P. | |
| Annexure No. 5 | |
| 7. | |
| The photocopy of the medical records | |
| of the applicant | |
| Annexure No. 6 | |
| 8. | |
| The photocopy of the order passed by | |
| this Hon'ble High Court and court | |
| below | |
| ID proof of the deponent | |
| 9. | |
| Power | |
| 10. | |
| Lucknow (Pradeep Kumar Singh “Bisen”) | |
| Advocate | |
| Dated :15.02.2022 Counsel for the applicant | |
| Mobile No. 9415288732 | |
| AoR No. B/P0262 | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD | |
| LUCKNOW BENCH, LUCKNOW | |
| Crl. Misc. Application No. (ABAIL) of 2022 | |
| Monu alias Sunil Saroj aged about 36 years son of Shri | |
| Keshav Prasad resident of Village – Trilokipur, Police | |
| Station – Baghrai, District – Pratapgarh | |
| ....Applicant | |
| Versus | |
| State of Uttar Pradesh through its Additional Chief | |
| Secretary, Home, Government of U.P., Civil Secretariat, | |
| Lucknow | |
| .....Opposite Parties | |
| Case Crime No. 98 of 2021 | |
| U/s 147, 148, 352, 353, 332, 427, | |
| 188, 171F, 395, 412 of I.P.C., | |
| 7 of Criminal Law (Amendment) Act, 1932 | |
| and 139 Public Representative Act, 1951 | |
| Police Station – Baghrai | |
| District – Pratapgarh | |
| APPLICATION FOR ANTICIPATORY BAIL UNDER SECTION 438 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 connection with Case Crime No. 98 | |
| of 2021 under Sections 147, 148, 352, 353, 332, 427, | |
| 188, 171F, 395, 412 of I.P.C., 7 of Criminal Law | |
| (Amendment) Act, 1932 and 139 Public Representative | |
| Act, 1951 relating to Police Station – Baghrai, | |
| District – Pratapgarh, in the interest of Justice. | |
| Lucknow (Pradeep Kumar Singh “Bisen”) | |
| Advocate | |
| Dated : 15.02.2022 Counsel for the applicant | |
| Case Crime No. 98 of 2021 | |
| U/s 147, 148, 352, 353, 332, 427, | |
| 188, 171F, 395, 412 of I.P.C., | |
| 7 of Criminal Law (Amendment) Act, 1932 | |
| and 139 Public Representative Act, 1951 | |
| Police Station – Baghrai | |
| District – Pratapgarh | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD | |
| LUCKNOW BENCH, LUCKNOW | |
| Crl. Misc. Application No. (ABAIL) of 2022 | |
| Monu alias Sunil Saroj ...Applicant | |
| Versus | |
| State of Uttar Pradesh through its Additional Chief | |
| Secretary, Home, Government of U.P., Civil Secretariat, | |
| Lucknow | |
| ....Opposite Party | |
| AFFIDAVIT | |
| (In support of bail application) | |
| I, Monu alias Sunil Saroj aged about 36 years son of | |
| Shri Keshav Prasad resident of Village – Trilokipur, | |
| Police Station – Baghrai, District – Pratapgarh, | |
| Religion – Hindu, Qualification – Intermediate, | |
| Occupation – Agriculture, the deponent do hereby | |
| solemnly affirm and state on oath as under :- | |
| That the deponent is the applicant himself in | |
| 1. | |
| aforesaid application and as such he is fully | |
| conversant with the facts of the case, deposed to | |
| hereunder. The photo verification slip issued by | |
| the Awadh Bar Association, Lucknow of the deponent | |
| is affixed on the affidavit and his ID proof is | |
| enclosed with the affidavit. | |
| That the concerned police is intended to arrest to | |
| 2. | |
| the applicant with connection to the First | |
| Information Report dated 20.04.2021 lodged by the | |
| opposite party No. 2 bearing Case Crime No. 98 of | |
| 2021 under Sections 147, 148, 352, 353, 332, 427, | |
| 188, 171F, 395, 412 of I.P.C., 7 of Criminal Law | |
| (Amendment) Act, 1932 and 139 Public | |
| Representative Act, 1951 relating to Police | |
| Station – Baghrai, District – Pratapgarh. | |
| That the applicant, further declared that the | |
| 3. | |
| first information report lodged by the opposite | |
| party No. 2 under Sections 147, 148, 352, 353, | |
| 332, 427, 188, 171F, 395, 412 of I.P.C., 7 of | |
| Criminal Law (Amendment) Act, 1932 and 139 Public | |
| Representative Act, 1951, which is not fallen | |
| under Section 438(6) of Cr.P.C.. | |
| That this is the First anticipatory bail | |
| 4. | |
| application before this Hon'ble Court, which is | |
| being filed under Section 438 of Cr.P.C., before | |
| this Hon'ble High Court and no any other | |
| anticipatory bail is being before this Hon'ble | |
| High Court or at Allahabad or before any other | |
| High Court in India, pertaining to the same | |
| subject matter. | |
| That the applicant has moved anticipatory bail | |
| 5. | |
| application bearing No. 1205 of 2021 filed before | |
| the Session Judge, Pratapgarh by the applicant has | |
| been rejected vide order dated 09.06.2021 passed | |
| by the court concerned. No other any anticipatory | |
| bail application pending before this Hon'ble High | |
| Court or rejected by this Hon'ble High Court. The | |
| photocopy of the order dated 09.06.2021 passed by | |
| this Session Judge, Pratapgarh is being annexed | |
| herewith as Annexure No. 01 to this application. | |
| That the opposite party No. 2 lodged the First | |
| 6. | |
| Information Report dated 20.04.2021 against | |
| unknown persons regarding the demolition at Booth | |
| No. 11, Trilokpur (A), Block – Bihar, District – | |
| Pratapgarh regarding incident dated 19.04.2021, | |
| bearing Case Crime No. 98 of 2021 under Sections | |
| 147, 148, 352, 353, 332, 427, 188, 171F of I.P.C., | |
| 7 of Criminal Law (Amendment) Act, 1932 and 139 | |
| Public Representative Act, 1951 relating to Police | |
| Station – Baghrai, District – Pratapgarh. The | |
| photo/typed copy of the FIR dated 20.04.2021 is | |
| being annexed herewith as Annexure No. 02 to this | |
| affidavit. | |
| That the case of prosecution in a nutshell as that | |
| 7. | |
| the opposite party No. 2 was Presiding Officer in | |
| Panchayat Election held on 19.04.2021 at Booth No. | |
| 11, Trilokpur (A), Block – Bihar, District – | |
| Pratapgarh. The poll was going well till 5.25 PM. | |
| When the concerned Sub Divisional Officer and | |
| Sector Magistrate came at booth thereafter several | |
| persons entered in polling booth and demolished | |
| the entire booth alongwith the ballot box and | |
| other papers. | |
| That here it is relevant to mention that there is | |
| 8. | |
| no any averments made in the first information | |
| report regarding the loot of the ballot box but | |
| later on it has been also added by the concerned | |
| police. | |
| That thereafter on 21.04.2021, the concerned | |
| 9. | |
| police recovered the 2 ballot box and arrested the | |
| 13 accused persons relating to the aforesaid case | |
| crime. The Typed copy of the recovery dated | |
| 21.04.2021 is being annexed herewith as Annexure | |
| No. 03 to this affidavit. | |
| That the arrested accused has named the applicant | |
| 10. | |
| and stated that the applicant was also present at | |
| time of incident while the applicant was not | |
| present at incident place. | |
| That on the basis of the recovery memo the Section | |
| 11. | |
| 395 & 412 of I.P.C. has been added in the case. | |
| That humble applicant further stated that the | |
| 12. | |
| nothing has been recovered from the applicant in | |
| any manner but the concerned police also charged | |
| under Section 395 & 412 of IPC. | |
| That it is most relevant to mention here that the | |
| 13. | |
| applicant has not committed any offense as alleged | |
| by the opposite party No. 2 in his first | |
| information report dated 20.04.2021. | |
| That the first information report has been lodged | |
| 14. | |
| by the opposite party No. 2 against the several | |
| persons and he has been named by the concerned | |
| police. | |
| That the real fact of the case is that the | |
| 15. | |
| applicant was not supporter of the present winning | |
| candidate of the Village Pradhan due to which he | |
| has been targeted and falsely implicated. | |
| That when the voter have been polarized in favour | |
| 16. | |
| of the applicant’s candidate thereafter the | |
| winning candidate, create the nuisance in the | |
| election and the concerned police later on named | |
| the applicant in the said case crime. | |
| That the village pradhan election was held on | |
| 17. | |
| 19.04.2021, in which some persons broken the | |
| ballot box due to which a first information report | |
| bearing Case Crime No. 99 of 2021 under Sections | |
| 147, 148, 352, 353, 332, 427, 188, 171F, 395, 412 | |
| of I.P.C., 7 of Criminal Law (Amendment) Act, 1932 | |
| and 139 Public Representative Act, 1951 relating | |
| to Police Station – Baghrai, District – Pratapgarh | |
| lodged against the unknown persons. The concerned | |
| police threaten the applicant that if he has not | |
| paid Rs. 1,50,000/- then he alongwith family sent | |
| to the jail. Due to fear and threat of the | |
| concerned police, the deponent gave Rs. 25,000/-. | |
| When the deponent not paid rest amount i.e. Rs. | |
| 1,25,000/- then the concerned police was regularly | |
| threatening the deponent and his family. | |
| That meanwhile the anticipatory bail application | |
| 18. | |
| has been filed in connection with Case Crime No. | |
| 99 of 2021 by the applicant before this Hon'ble | |
| High Court thereafter, the concerned police | |
| annoyed and on 23.06.2021, they entered in the | |
| house of the applicant and brutally beaten and | |
| abused by caste the applicant and other family | |
| members due to which the leg of the applicant | |
| broken. The deponent brought his brother i.e. the | |
| applicant to the District Hospital, from which he | |
| has referred to Prayagraj, which he was given | |
| treatment. The deponent moved complaint before the | |
| Superintendent of Police, Pratapgarh on his | |
| Whatsapp number but nothing has been done by him. | |
| Thereafter the deponent moved a representation | |
| before the Chairman of S. C. & S. T. Commission, | |
| U.P. to take action against the concerned police | |
| personnel. The photocopy of the representation | |
| moved by the deponent before the Chairman of S. C. | |
| & S. T. Commission, U.P. is being annexed herewith | |
| as Annexure No. – 04 to this affidavit. | |
| That the applicant sustained grievous injuries due | |
| 19. | |
| to illegal act of the police personnel of the | |
| concerned Police Station. The photocopy of the | |
| medical records of the applicant is being annexed | |
| herewith as Annexure No. – 05 to this affidavit. | |
| That the opposite party No. 2 named the applicant | |
| 20. | |
| in the first information report for extraneous | |
| reasons for harassing the applicant and his family | |
| members due to village party-bandi. | |
| That the opposite party No. 2 falsely implicated | |
| 21. | |
| the applicant, through collusion of the present | |
| village pradhan & police personnel in the said | |
| crime, which is baseless and concocted story. | |
| That since the applicant has not committed any | |
| 22. | |
| offence as alleged, hence no offence under | |
| Sections 147, 148, 352, 353, 332, 427, 188, 171F, | |
| 395, 412 of I.P.C., 7 of Criminal Law (Amendment) | |
| Act, 1932 and 139 Public Representative Act, 1951 | |
| relating to Police Station – Baghrai, District – | |
| Pratapgarh, is made against him. | |
| That there was no any independent witnesses | |
| 23. | |
| produced by the informant, on said place moreover | |
| if any witness is produced by the informant they | |
| are interested witnesses. | |
| That it is also relevant to mention here that | |
| 24. | |
| there is no case is made out against the applicant | |
| as alleged in the said FIR and applicant has never | |
| committed any offence as alleged. | |
| That the applicant has no concerned with the | |
| 25. | |
| alleged incident, he has also been implicated due | |
| to malafide intention of the Opposite party No. 2. | |
| That apart from the instant case crime, against | |
| 26. | |
| the applicant several cases have been lodged. The | |
| details of the cases lodged against the applicant | |
| are as under: | |
| Case Crime No. 99 of 2021 under Sections 147, | |
| i. | |
| 148, 352, 353, 332, 427, 188, 171F, 395, 412 | |
| of I.P.C., 7 of Criminal Law (Amendment) Act, | |
| 1932 and 139 Public Representative Act, 1951 | |
| relating to Police Station – Baghrai, District | |
| – Pratapgarh, in which the applicant has been | |
| granted the anticipatory bail by this Hon'ble | |
| High Court on 21.12.2021. | |
| Case Crime No. 98 of 2021 under Sections 147, | |
| ii. | |
| 148, 352, 353, 332, 427, 188, 171F, 395, 412 | |
| of I.P.C., 7 of Criminal Law (Amendment) Act, | |
| 1932 and 139 Public Representative Act, 1951 | |
| relating to Police Station – Baghrai, District | |
| – Pratapgarh, which is present case in which | |
| the applicant is being filing the application | |
| for granting anticipatory bail to him. | |
| Case Crime No. 35 of 2021 under Section 147, | |
| iii. | |
| 148, 149, 323, 504, 506, 34 of IPC registered | |
| at Police Station – Baghrai, District – | |
| Pratapgarh, in which this Hon'ble High Court | |
| granted interim anticipatory bail to the | |
| applicant on 30.11.2021. | |
| Case Crime No. 17 of 2015 under Section 392 | |
| iv. | |
| of IPC registered at Police Station – | |
| Manikpur, District – Pratapgarh, in which the | |
| applicant has been granted by the court | |
| concerned on 26.03.2015. | |
| Case Crime No. 197 of 2012 under Section 379, | |
| v. | |
| 411, 420, 467, 468, 471 of IPC registered at | |
| Police Station – Vajirganj, District – | |
| Lucknow, in which the applicant has been | |
| granted bail by the court concerned. | |
| The photocopy of the order passed by this Hon'ble | |
| High Court and court below is being annexed | |
| herewith as Annexure No. - 06 to this affidavit. | |
| That the impugned first information report has | |
| 27. | |
| been lodged by the Opposite party No. 2 against | |
| the applicant on the basis of wrong facts and the | |
| applicant believed that the concerned police would | |
| be arrest the applicant. | |
| That the applicant has no any criminal history and | |
| 28. | |
| the allegations against the applicant is false and | |
| baseless. | |
| That if the applicant will arrested, the applicant | |
| 29. | |
| will suffer irreparable loss and injury as the | |
| applicant has not committed any offence. | |
| That there is no chance of the applicant | |
| 30. | |
| absconding or tempering with the prosecution | |
| witnesses. | |
| That the applicant is ready to furnished the | |
| 31. | |
| security and bond and also undertake that he will | |
| be never misused liberty of anticipatory bail. | |
| That in view of the above, it would be expedient | |
| 32. | |
| and necessary in the interest of justice that the | |
| applicant be enlarged on anticipatory bail in | |
| connection with Case Crime No. 98 of 2021 under | |
| Sections 147, 148, 352, 353, 332, 427, 188, 171F, | |
| 395, 412 of I.P.C., 7 of Criminal Law (Amendment) | |
| Act, 1932 and 139 Public Representative Act, 1951 | |
| relating to Police Station – Baghrai, District – | |
| Pratapgarh, during pendency of case. | |
| Lucknow | |
| Date: 15.02.2022 Deponent | |
| VERIFICATION | |
| I, the deponent, do hereby verify that the | |
| contents of para 1 to of this affidavit are | |
| true to my personal knowledge. No part of its is false | |
| and nothing material has been concealed. So, help me | |
| “GOD”. | |
| Lucknow | |
| Date : 15.02.2022 Deponent | |
| I, identify the deponent, who has 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, named above, | |
| 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. | |
| 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. | |
| OATH | |
| COMMISSIONER | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD | |
| LUCKNOW BENCH, LUCKNOW | |
| Crl. Misc. Application No. (ABAIL) of 2022 | |
| Monu alias Sunil Saroj ...Applicant | |
| Versus | |
| State of Uttar Pradesh through its Additional Chief | |
| Secretary, Home, Government of U.P., Civil Secretariat, | |
| Lucknow | |
| ....Opposite Party | |
| Annexure No. | |