Prompt: Generate a Bail Application involving the following key legal details: - CASE: Crime No. 36 of 2016 - 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 2017 Mohd. Zuber son of Arkhul Rahman, resident of Village – Bachhandamau, Police Station – Hathgawan, District – Pratapgarh .....Applicant (In Jail from 26.02.2016) Versus State of Uttar Pradesh .....Opposite Party Case Crime No. 36 of 2016 U/s 302, 307, 504, 506, 34 I.P.C. and 7, Criminal Law Amendment Act P.S. – Manikpur District – Pratapgarh Bail application rejected by the Special/ Additional Sessions Judge, Pratapgarh on 02.08.2017 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 (Dr. Gyan Singh) Advocate Dated : .2017 Counsel for the applicant Case Crime No. 36 of 2016 U/s 302, 307, 504, 506, 34 I.P.C. and 7, Criminal Law Amendment Act P.S. – Manikpur District – Pratapgarh Bail application rejected by the Special/ Additional Sessions Judge, Pratapgarh on 02.08.2017 IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH, LUCKNOW Criminal Misc. Case No. (B)of 2017 Mohd. Zuber ...Applicant (In Jail from 26.02.2016) Versus State of Uttar Pradesh ....Opposite Party AFFIDAVIT (In support of bail application) I, Hazifur Rahman son of Arkhul Rahman, resident of Village – Bachhandamau, Police Station – Hathgawan, District – Pratapgarh Religion – Muslim, Education – Literate, Occupation – Agriculture, do hereby solemnly affirm and state on oath as under :- That the deponent is the brother of the applicant 1. and duly authorized by the applicant to file 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 a first 3. information report has been lodged against the 3 named and 3 unnamed persons on 25.02.2016 at 00.15 hours by the informant namely S.O., Police Station – Manikpur, Shri Pramod Kumar Singh under Sections 302, 307, 504, 506, 34 I.P.C. and 7, Criminal Law Amendment Act at Police Station – Manikpur, District – Pratapgarh with regard to murder of on duty Homeguard Mahadev Prasad (hereinafter referred to as deceased). The alleged incident was took place on 24.02.2016 around 23.30 hours. The photocopy of the first information report dated 25.02.2016 is being annexed as Annexure No. 01 to this application. That it is relevant to mention here that the 4. applicant is not named in the first information report. According to the first information report lodged on 25.02.2016 by informant, in which he alleged that around 23.30 hours the most wanted criminal of area along with others criminals fired and bombard on the Police Station – Manikpur and run away from incident place. The informant and his companions tried to catch him failed to do so. That the post mortem was conducted at District 5. Hospital, Pratapgarh on 25.02.2016 by the doctor concerned. The cause of death ascertained as “Shock due to coma as a result of Anti-mortem firearm injury”. The photo/typed copy of the post mortem report dated 25.02.2016 is being annexed as Annexure No. 02 to this application. That the concerned police arrested the accused of 6. the said case crime namely Shiva alias Shivmani Tiwari and Vikash Mishra and they were given their confessional statement before the concerned police but they have said the name of the applicant. The typed copy of the confessional statement of the accused Shiva alias Shivmani Tiwari is being annexed herewith collectively as Annexure No. 03 to this application. That the concerned police was called the 7. applicant on 26.02.2016 for some queries with regard to incident and falsely implicate him in said crime case for ulterior motive. The concerned police forcefully taken confessional statement of the applicant and on said basis he was in jail. The typed copy of the confessional statement of the applicant is being annexed as Annexure No. 04 to this application. That the concerned police without proper 8. investigation, the investigating officer submitted charge sheet bearing No. 48 of 2016 dated 19.05.2016 against the applicant and 3 others persons. That the real story is this; the applicant is 9. common and law abiding citizen, on 26.02.2016, the applicant was called by the concerned police for the asking about the incident took place at Police Station – Manikpur but he was arrested by the concerned police and concerned police forcefully taken his confessional statement and falsely implicate. The applicant falsely implicate in several cased thereafter. That neither the applicant has motive nor any 10. motive has been assigned to him to commit the crime in question and the motive to commit the crime in question has been assigned by the concerned police. That the applicant has no concerned with the 11. murder of the deceased in any manner as alleged by the concerned police and allegation against the applicant and also the prosecution story is totally against the evidence and same is not reliable in manner so far concerned to the applicant. That there is no credible evidence on record 12. which could show that the applicant is guilty or committed the crime in question, except his confessional statement, which was taken forcefully by the concerned police and the evidence available on record itself show that no prima-facie offence under Section 302, 307, 504, 506, 34 I.P.C. and 7, Criminal Law Amendment Act at Police Station – Manikpur, District – Pratapgarh is made out against the applicant. That the applicant has no motive to commit the 13. alleged crime and false motive which given in case, is cooked and fabricated by the concerned police. That since the applicant has not committed any 14. offence as alleged but he has been falsely implicated in the case by the informant/concerned police in malafide intention. That the applicant moved bail application bearing 15. No. 941 of 2017 before Special/ Additional Sessions Judge, Pratapgarh and his bail application has been rejected by the court concerned on 02.08.2017. Certified copy of the bail rejection order dated 02.08.2017 passed by the court below is being annexed as Annexure No. 05 to this application. That two other co-accused of the aforesaid case 16. crime namely Pradeep Kumar Tiwari alias Rohit and Vipin Kumar Pandey, have been released on bail by this Hon'ble Court. The photocopy of the orders passed by this Hon'ble Court is being annexed as Annexure No. 06 to this application. That the applicant in jail since 26.02.2016 17. without committing any offence. The applicant has not convicted ever before. That after arresting the applicant the concerned 18. police falsely implicate the applicant in several cases as under: i.Case Crime No. 36 of 2016 under Section 302, 307, 504, 506, 34 IPC, Police Station – Manikpur, District – Pratapgarh. Case Crime No. 37 of 2016 under Section ii. 307 IPC, Police Station – Manikpur, District – Pratapgarh. Case Crime No. 38 of 2016 under Section iii. 3/25 Arms Act, Police Station – Manikpur, District – Pratapgarh. Case Crime No. 41 of 2016 under Section iv. 307, 504, 506 IPC and 7, Criminal Law Amendment Act, Police Station – Hathigawan, District – Pratapgarh. v.Case Crime No. 22 of 2016 under Section 396, 412 IPC, Police Station – Nawabganj, District – Pratapgarh. That there is no chance of the applicant 19. absconding or tempering with the prosecution witnesses. That the applicant is ready to furnished the 20. 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 21. and necessary in the interest of justice that the applicant be enlarged on bail during pendency of case. Lucknow Date : .10.2017 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 : .10.2017 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. Ashok Kumar Mishra Advocate Clerk Reg. No. Solemnly affirmed before me on at A.M./P.M. by the deponent above named, who has been identified by Sri Ashok Kumar Mishra clerk Dr. Gyan Singh, Advocate, High Court, Lucknow, Bench, Lucknow. Enrolment No. 11667 of 2010, resident of 34, Pipra Ghat, Dilkusha Cantt, Lucknow, Mobile No. 9452226667 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 2017 Mohd. Zuber ...Applicant (In Jail from 26.02.2016) 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 application 2. Annexure No. 1 3. The photocopy of the first information report dated 25.02.2016 Annexure No. 2 4. The photo/typed copy of the post mortem report dated 25.02.2016 Annexure No. 3 5. The typed copy of the confessional statement of the accused Shiva alias Shivmani Tiwari Annexure No. 4 6. The typed copy of the confessional statement of the applicant Annexure No. 5 7. Certified copy of the bail rejection order dated 02.08.2017 passed by the court below Annexure No. 6 8. The photocopy of the orders passed by this Hon'ble Court ID proof of the deponent 9. Memo 10. Lucknow (Dr. Gyan Singh) Advocate Dated : .10.2017 Counsel for the applicant IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH, LUCKNOW Criminal Misc. Case No. (B)of 2017 Mohd. Zuber Versus State of U. P. Annexure No. c;ku vfHk;qDr & cnfj;k¶r vfHk0 f”kok mQZ f”ko ef.k frokjh iq= ccyw frokjh fu0 izrkiiqj ijsx<] Fkkuk laxzkex<] mez djhc 19 o’kZ yxHkx LosPNk ls tqeZ Lohdkj djrs gq, crk;k fd vkt chrs jkr eSa fodkl feJk iq= f”ko “kadj feJk] bejku iq= eks0 gk:u] iznhi frokjh fu0 Hksokyiqj] laxzkex< iz0 eks0 tqcsj iq= gjeku o cky d`’.k feJk mQZ ckys uktk;l vlygksa ls ySl gksdj Fkkuk ekfudiqj esa jkf= 11-30 cts vU/kk/kqU/k Qk;fjax Qk;fjaxx o ceksa ls geykdj M~;wVh ij [kMs gksexkMZ dh gR;k dj nh Fkh rFkk fnukad 22-01-2016 dks viuh lkFkh bejku iq= eks0 gk:u o cky d`’.k feJk mQZ ckys ds lkFk feyk “kke djhc 7-00 cts Fkkuk ekfudiqj Fks dV~Vk fjokYoj Nhu fy;k FkkA esjs ikl cjken uksfd;k eksckby Qksu mlh ywV dk gSA blh rjg fnukad 03-02-2016 dks viuh mijksDr ikap lkfFk;ksa cky d`’.k mQZ ckys] bejku iq= eks0 gk:u] iznhi frokjh iq= mekdkUr frokjh eks0 tqcsj iq= jgeku] fodkl iq- fofiu dqekj iq= xk;=h izlkn ik.Ms; fuoklh jkeiqj pkSjkgk Fkkuk gksykx< tuin izrkix< Hkh cukdj gR;k o ywV fd;k FkkA vkSj ywV ls udnh o pkanh cjken gq;h FkhA 16000 gtkj :i;k feyk FkkA ftldk 7 gtkj :i;k esjh tsc ls vkt cjken gqvk gS vkt tks eks0 lk0 o mlds >ksys esa j[kh pkj ce cjken gq; gS o eks0 lk0 esjh gS ftlds dkxtkr esjs ikl ugha gSA vkt tks reapk esjs ikl ls cjken gqvk gS blh ls chrh jkr esa eSaus Qk;fjax djds M~;wVh ij [kMs xkMZ dks ekj fn;kA eq>s i”pkrki gks jgk gSA eSuas lkfFk;ksa ds cgdkos o ykyp esa lHkh crk;h ?kVuk dkfjr fd;k gSA IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH, LUCKNOW Criminal Misc. Case No. (B)of 2017 Mohd. Zuber Versus State of U. P. Annexure No. c;ku vfHk0 & okafNr eks0 tqcsj iq= jgeku Fkkuk gfFkxoka tuin izrkix< mez yxHkx 26 o’kZ tqeZ Lohdkj djrs gq, crk;k fd vkt eSa vius lkfFk;ksa cky d`’.k feJk mQZ ckys iq= lTtu yky fuoklh cNjkSyh o bejku iq= eks0 gk:u fu0 uUnk dk iqjok ds lkFk ,lvks izesUnz dqekj flag dh gR;k dh fu;r ls [kMs Fks vkSj gR;k dk iz;kl Hkh fd;k ysfdu foQy jgkA ,lvks mlds flikfg;ksa }kjk dV~Vk o ce cjken gqvkA ce ds lkFk eq>s idM fy;k x;kA ekSds ls ckys o bejku Hkkxus esa lQy jgsA ;g ?kVuk lks bl ywV esa 16500 :i;s feys Fks rFkk fnukad 24-02-2016 dh jkr djhc lkls xyrh gks x;hA eq>s {kek dj nsA vc tSlk vki yksxsa dgsxsa vkSj ifjokj okys pkgsxsa eSa ogh d:axkA fnXHkzfer gks x;k FkkA vki yksxksa ls ekQh ekaxrk gWwA vnkyr esa Hkh tks eSaus xqukg fd;s gSa mldh ekQh ekax ywaxkA vkSj tqeZ dh n.M U;k;ky; }kjk fn;k tk,xk mldks Lohdkj dj ywaxkA vc eSa vijk/k ls rkSck djrk gWwA bl izdkj vfHk0 eks0 tqcsj mijksDr }kjk viuk c;ku vafdr djk;k x;kA