Prompt: Generate a Bail Application involving the following key legal details: - CASE: Crime No. 206 of 2013 - 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 2014 Shailesh Kumar Pandey aged about 21 years son of Lalji Pandey resident of Village – Lakharahaa, Police Station – Sangipur, District – Pratapgarh .....Applicant (In Jail) Versus State of Uttar Pradesh .....Opposite Party Case Crime No. 206 of 2013 Under section 302/506 I.P.C. Police Station - Sangipur District – Pratapgarh Bail application rejected by the ASJ, Room No. 2, Pratapgarh on 06.08.2014 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 : .2014 Counsel for the applicant IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH, LUCKNOW Criminal Misc. Case No. (B)of 2014 Shailesh Kumar Pandey …Applicant (In Jail) Versus State of Uttar Pradesh ....Opposite Party AFFIDAVIT (In support of bail application) I, Anjani Kumar Mishra aged about 50 years son of Matapher resident of Village – Lakharahaa, Police Station – Sangipur, District – Pratapgarh, Religion – Hindu, Education – High School, Occupation – Agriculture, do hereby solemnly affirm and state on oath as under :- That the deponent is the neighbour of the 1. applicant 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. 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 F.I.R. has 3. been lodged against the applicant and three other persons on 22.11.2013 by the wife of the deceased namely Rajpati under section 302/506 I.P.C., on the basis of wrong fact and due to malafide intension. Informant stated in the first information report that the applicant and other accused beaten the deceased by hand and foot at 6:30 PM on 22.11.2013. The copy of the first information report is being annexed as Annexure No. 01 to this application. That after the lodging the first information 4. report police reached to the place of occurrence and prepare the inquest report on very same day. That the investigation officer sends the body of 5. the deceased for the post mortem on 23.11.2013 in District – Pratapgarh at 3.00 PM. The copy of the post mortem report is being annexed as Annexure No. 02 to this application. That the investigation officer recorded the 6. statement under section 161 Cr.P.C. eyewitness namely Rajpati recorded on 24.11.2013. There are many contradictions in the statement of informant and in first information report. The copy of the statement of informant and eyewitness under section 161 Cr.P.C. is being annexed as Annexure No. 03 collectively to this application. That in first information report made general 7. allegations by the informant but in the statement of under section 161 Cr.P.C. she changes her version and specifically assigned the roll of the accused persons. That this is well proved the informant is not present at the place of occurrence. That the investigation officer recorded the 8. statement under section 161 Cr.P.C. after the post mortem report. After the perusal of the post mortem report, the investigation officer of the case changed the first information report version and assigned the specifically roll to the applicant. That the investigation officer record only one 9. eyewitness namely Kalawati, not any other eyewitness under section 161 Cr.P.C. The informant stated in his statement some other villagers are seen the whole incident but she not disclosed any name in the statement. That the eyewitness is sister of the deceased and 10. she is interested witness in the case. That the deceased was heavy drinker and patient 11. of asthma; he was murdered by unknown persons any other place and applicant was falsely implicated in the case crime. That the deceased was always create nuisance 12. after the drinking the alcohol. The applicant is neighbour of the deceased and he was always giving Gali to all of neighbours when the applicant tries to stop him, he was always quarrelling with the applicant. That at the time of incident the deceased and his 13. real brother are quarrelling with each other and create lot of nuisance. When the applicant goes to stop both of them but when the applicant reaches on the spot, he has seen the dead body of the deceased. That since the applicant has not committed any 14. offence as alleged but he has been falsely implicated in the case by the informant in malafide intention. That there is no any motive to murder of deceased 15. and same was not stated by the prosecution. That no any involvement in the said case as 16. alleged in first information report, the applicant has no reason to murder the deceased. That the applicant has been surrender before the 17. court below on and his bail application has been rejected by the court concerned on 06.08.2014. The copy of the order dated 06.08.2014 is being annexed as Annexure No. 04 to this application. That the applicant in jail since and has 18. no criminal history. That during investigation, the investigation 19. officer includes the electric and laltain at the time of the incident, in the statement of the informant for the implementation of the applicant in the said case crime. That as per the roster system of the electricity 20. department in the incident area was 07:00 PM onwards at the time of the incident. That the Hon'ble Court enlarged the co-accused of 21. the case crime by order dated 10.01.2014 passed in Criminal Misc. Case No. 184 (B) of 2014 (Amit Pandey Versus State of Utter Pradesh). The copy of the order dated 10.01.2014 is being annexed as Annexure No. 05 to this application. That the applicant is innocent and due to enmity 22. with informant falsely implicated in the aforesaid case crime. That the applicant has no criminal history except 23. the aforesaid false case and not likely to hope in future to commit any offence. That there is no chance of the applicant 24. absconding or tempering with the prosecution witnesses. That the applicant is ready to furnished the 25. 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 26. and necessary in the interest of justice that the applicant be enlarged on bail during pendency of case. Lucknow Date : 2014 Deponent VERIFICATION I, the deponent, do hereby verify that the contents of para 1 to 24 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 Dated: 2014 Deponent I, identify the deponent on the basis of the record produced by the deponent, who has signed before me. Advocate Solemnly affirmed before me on at A.M./P.M. by the deponent, who has been identified by Sri Prabhat Kumar Mishra, Advocate, High Court, Lucknow, Bench, Lucknow. Enrollment No. 8078 of 2011, resident Nigohan, Lucknow. Mobile No. 8004776600 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 Criminal Misc. Case No. (B)of 2014 Shailesh Kumar Pandey …Applicant (In Jail) 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 copy of the F.I.R. dated 22.11.2013 Annexure No. 2 4. The copy of the post mortem report Annexure No. 3 5. The copy of the statement of informant and eyewitness under section 161 Cr.P.C Annexure No. 4 6. The copy of the order dated 06.08.2014 Annexure No. 5 7. The copy of the order dated 10.01.2014 Vakalatnama/Power 8. Lucknow (Dr. Gyan Singh) Advocate Dated : .2014 Counsel for the applicant