Prompt: Generate a Bail Application involving the following key legal details: - CASE: Crime No. 125 of 2021 - DISTRICT: Pratapgarh - BAIL APPLICATION: Not available --- Output: IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW BENCH, LUCKNOW Crl. Misc. Case No. (B) Of 2021 Sudhakar Singh …..Applicant Versus State of Uttar Pradesh ....Opposite Party INDEX Sr.N o 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 20.07.2021 passed by this Session Judge, Pratapgarh Annexure No. 2 4. The photo/typed copy of the First Information Report dated 05.04.2021 Annexure No.3 5. The photo/type copy of the certificate issued by the railway authority on 15.04.2021 Annexure No.4 6. The photocopies of the fee receipts of the applicant’s children Annexure No.5 7. The photocopies of the certificates related to the volleyball Annexure No. 6 8. The photocopies of the bail order and other related documents Annexure No. 7 9. The photocopy of the order dated 25.08.2021 passed by this Hon'ble High Court ID proof of the deponent 10. Power 11. Lucknow (Pradeep Kumar Singh “Bisen”) Advocate Dated : .08.2021 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. Case No. (B) Of 2021 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 ....Applicant Versus State of Uttar Pradesh .....Opposite Party Case Crime No. 125 of 2021 U/s 420, 467, 468, 471, 272, 273 of I.P.C., 60, 60A, 63 of U.P. Excise Act, 1910, Police Station – Kunda District – Pratapgarh Anticipatory Bail Application No. 1391 of 2021 has been rejected by Sessions Judge, Pratapgarh on 20.07.2021 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 anticipatory bail to the applicant in connection with Case Crime No. 125 of 2021 under Sections 420, 467, 468, 471, 272, 273 of I.P.C., 60, 60A, 63 of U.P. Excise Act, 1910, at Police Station – Kunda, District – Pratapgarh, in the interest of Justice. Lucknow (Pradeep Kumar Singh “Bisen”) Advocate Dated : .08.2021 Counsel for the applicant Case Crime No. 125 of 2021 U/s 420, 467, 468, 471, 272, 273 of I.P.C., 60, 60A, 63 of U.P. Excise Act, 1910, Police Station – Kunda District – Pratapgarh Anticipatory Bail Application No. 1391 of 2021 has been rejected by Sessions Judge, Pratapgarh on 20.07.2021 IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW BENCH, LUCKNOW Crl. Misc. Case No. (B) Of 2021 Sudhakar Singh …..Applicant Versus State of Uttar Pradesh ....Opposite Parties AFFIDAVIT (In support of bail application) I, 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, Religion – Hindu, Occupation – Government Servant, Education – Intermediate do hereby solemnly affirm and states 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 05.04.2021 lodged by the informant namely Shri Devendra Pratap singh, Incharge Station House Officer against the applicant and 12 other persons alongwith 8 9 Unknown person as Case Crime No. 125 of 2021 under Sections 420, 467, 468, 471, 272, 273 of I.P.C., 60, 60A, 63 of U.P. Excise Act, 1910, at Police Station – Kunda, District – Pratapgarh. That the applicant, further declared that the 3. first information report lodged by informant under Sections 420, 467, 468, 471, 272, 273 of I.P.C., 60, 60A, 63 of U.P. Excise Act, 1910, at Police Station – Kunda, District – Pratapgarh 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. 1391 of 2021 filed before the Session Judge, Pratapgarh by the applicant has been rejected vide order dated 20.07.2021 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 20.07.2021 passed by this Session Judge, Pratapgarh is being annexed herewith as Annexure No. 01 to this application. That the First Information Report dated 05.04.2021 6. lodged by the informant as Case Crime No. 125 of 2021 under Sections 420, 467, 468, 471, 272, 273 of I.P.C., 60, 63 of U.P. Excise Act, 1910, at Police Station – Kunda, District – Pratapgarh. The photo/typed copy of the First Information Report dated 05.04.2021 is being annexed herewith as Annexure No. 02 to this affidavit. That the informant lodged a first information 7. report against the several known and unknown persons on 05.04.2021 about 17.30 hours and stated the informant and his team (other police personnel) got information with regard to huge adulterated liquor and manufacturing items which were stored in shop situated between Babuganj Highway and railway line. That the raid has been conducted by the informant 8. alongwith his team on 05.04.2021 at alleged place of occurrence and seized lot of adulterated liquor and no anyone arrested by the concerned police at the time raid. That the real fact of the incident is that the 9. applicant has been falsely implicated in the case crime due to political enmity. The applicant is been implicate under the case crime in influence of one active member of the ruling party. That the informant falsely implicates the 10. 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 informant falsely implicates the 11. applicant, in the said crime, due to their own persons reasons, which is baseless and illegal due to ulterior motive. That nothing has been recovered in the regard of 12. adulterated liquor from the applicant’s possession and place in any manner by the informant. That the applicant has no concerned with the 13. recovered liquor from the alleged place by the informant. That it is further relevant to mention here that 14. neither any other evidence against the applicant nor there is hope to found by the investigation officer as nothing has been done by the applicant. That the applicant is innocent and belongs to a 15. respected family and has good reputation being national player of volleyball. That the applicant is presently serving to the 16. Central Government and is 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. 03 to this application. That the applicant had shifted to Lucknow along 17. with his family since long back and he rarely visits his village. That the children of the applicant are studying in 18. class VIII & III City Montessori School, Indira Nagar, Lucknow. The photocopies of the fee receipts of the applicant’s children are being annexed herewith as Annexure No. 04 to this application. That the applicant was National Player of 19. 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. 05 to this application. That the entire case has been made and based 20. against the applicant only on information of the police informer, which is not reliable as nothing is supported to prosecution story. That the Tanki test of alleged adulterated liquor 21. has not been conducted by the Excise Officer concerned and even prior to information regarding said liquor, while the Excise Inspector was present at time of alleged raid, even the informant and Excise Inspector were themselves not assured that the recovered liquor is adulterated. That on bare perusal of the first information 22. report, it is also evident that there were no independent witnesses of raid conducted by the informant, which also creates doubts upon the story of the informant, which itself concocted and false. That the first information report lodged prior to 23. the raid and preparation of the recovery memo, on basis which the first information report lodged by the informant. That till date there is no any chemical report 24. stating that the recovered liquor was obnoxious or spurious for human consumption. That the applicant is falsely implicated in 25. 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.125 of 2021 under Sections 420, i. 467, 468, 471, 272, 273 of I.P.C., 60,60A,63 of U.P. Excise Act, 1910, registered at Police Station – Kunda, District – Pratapgarh, this is the present case, in which the applicant is being filing the anticipatory bail before this Hon'ble High Court. Case Crime No. 50 of 2021 under Sections 420, ii. 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. iii.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. Case Crime No. 49 of 2021 under Sections 420, iv. 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. Case Crime No. 48 of 2021 under section 420, v. 467, 468, 471, 272, 273 of I.P.C., 60, 63 of U.P. Excise Act, Police Station: Hathigawan District: Pratapgarh. The applicant name was not named in the First information Report his name was added by the investigation officer during the investigation. Case Crime No. 121 of 2021 under Sections 3/25 vi. Arms Act registered at Police Station – Maheshganj, District – Pratapgarh. That the aforesaid 6 cases are recently lodged under the political pressure of the local politician. The applicant moved the anticipatory bail application in court below, in case mentioned at serial No. (i) to (v), which are rejected by the court concerned except mentioned at serial No. (v). vii.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 viii. 420, 467, 468, 471, 272, 273 of I.P.C., 60, 63 of U.P. Excise Act, 1910, 63 of Copyright Act, 1957 registered at Police Station – Mil Area, District – Raebareli, in which the applicant released on bail. Case Crime No. 17 of 2016 under Section 135 The ix. 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, x. 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, xi. 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. xii.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 is released on bail by this Hon'ble High Court. The photocopies of the bail order and other related documents are being annexed herewith as Annexure No. 06 to this application. That the Hon'ble High Court granted anticipatory 26. bail to the co-accused namely Raj Pratap Singh Alias Shekhar Singh Vs state of U.P and other in Anticipatory Bail No. 7291 of 2021 vide order dated 25.08.2021. The photocopy of the order dated 25.08.2021 passed by this Hon'ble High Court is being annexed herewith as Annexure No. 07 to this application. That if the applicant will arrested, the applicant 27. will suffer irreparable loss and injury as the applicant has not committed any offence. That there is no chance of the applicant 28. absconding or tempering with the prosecution witnesses. That the applicant is ready to furnished the 29. 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 30. and necessary in the interest of justice that the applicant be enlarged on anticipatory bail in connection with Case Crime No.125 of 2021 under Sections 420, 467, 468, 471, 272, 273 of I.P.C., 60, 60A, 63 of U.P. Excise Act, 1910, at Police Station – Kunda, District – Pratapgarh, in the interest of Justice, during pendency of case. Lucknow Date: .08.2021 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 : .08.2021 Deponent I, identify the deponent and 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 as per identity shown by him. 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. Case No. (B) Of 2021 Sudhakar Singh …..Applicant Versus State of Uttar Pradesh ....Opposite Party Annexure No.