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