Prompt: Generate a Bail Application involving the following key legal details: - CASE: Crime No. 422 of 2019 - BAIL APPLICATION: Bail Application No. 2863 of 2020 - DISTRICT: Not available --- Output: IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD Criminal Misc. Bail Application No. of 2020 District – Ghaziabad Navin Kumar Pachauri aged about 37 years son Shri Prem Dutta Pachauri resident of Village – Chachipura Khander, Police Station – Fatehabad, District - Agra .....Applicant (In jail since 24.08.2020) Versus State of Uttar Pradesh .....Opposite Party Case Crime No. 422 of 2019 Under Sections 409 of I.P.C. and 7/13 The Anti Corruption (Prevention) Act, 1988 Police Station – Station Link Road District – Ghaziabad Bail application No. 2863 of 2020 rejected by the Special Judge, Special Court No. 2, (Corruption Prevention Act), Meerut on 08.09.2020 st 1 BAIL APPLICATION 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 connection with Case Crime No. 422 of 2019 under Sections 409 of I.P.C. and 7/13 The Anti Corruption (Prevention) Act, 1988 registered at Police Station – Station Link Road, District – Ghaziabad, in the interest of Justice. (Pradeep Kumar Singh ‘Bisen’) Advocate ( ) Advocate Date: .2020 Counsels for the Applicant Case Crime No. 422 of 2019 Under Sections 409 of I.P.C. and 7/13 The Anti Corruption (Prevention) Act, 1988 Police Station – Station Link Road District – Ghaziabad Bail application No. 2863 of 2020 rejected by the Special Judge, Special Court No. 2, (Corruption Prevention Act), Meerut on 08.09.2020 IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD Criminal Misc. Bail Application No. of 2020 District – Ghaziabad Navin Kumar Pachauri ......Applicant (In jail since 24.08.2020) Versus State of Uttar Pradesh .....Opposite Party AFFIDAVIT (In support of bail application) I, Prem Dutt Pachauri aged about 63 years son Shri Shiv Charan Lal Pachauri resident of Village – Chachipura Khander, Police Station – Fatehabad, District - Agra, Religion – Hindu, Education – Literate, Occupation – Agriculture, do hereby solemnly affirm and state on oath as under :- That the deponent is the father of the 1. applicant/pairokar in above noted application and duly authorized for swearing affidavit on his behalf and as such he is fully conversant with the facts of the case and deposed as under. The ID of the deponent is affixed on the affidavit and his ID proof is enclosed with the affidavit. That this is the first bail application of the 2. applicant before 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 25.09.2019 3. at 23.36 hours the informant namely Dr. Rakesh Kumar Mishra, Circle Officer, Circle - Sahibabad, District – Ghaziabad, lodged a first information report bearing Case Crime No. 422 of 2019 under Sections 409 of I.P.C. and 7/13 The Anti Corruption (Prevention) Act, 1988 against the applicant and 6 others with regard to grabbing of the recovered money from the accused persons. The photo/typed copy of the first information report lodged by the informant on 25.09.2019 is being annexed herewith as Annexure No. 1 to this affidavit. That allegation levelled in the first information 4. report lodged by the informant is that in night of the 24/25.09.2019, the two accused of the case crime 176 of 2019 lodged under Section 409 of IPC at Police Station – Station Link Road, District – Ghaziabad have been arrested in raid, which was conducted the IO of the said case crime. During said raid Rs. 14,81,500/- & Rs. 31,00,000/- recovered by the IO of the case crime. But during the questioning by the informant, the accused said they both have approximately Rs. 1.15-1.25 Cror. Thereafter the informant lodged the first information report against the applicant and others for missing of Rs. 70-80 lacs. That on very same i.e. on 25.09.2019, the statement 5. of the informant has been recorded by the investigating officer under Section 161 of Cr.P.C., in which the informant almost repeated his first information report. In addition to that he has got permission from the higher official for lodging first information report against the applicant and others after initial investigation. The typed copy of the statement of the informant dated 25.09.2019 is being annexed herewith as Annexure No. 2 to this affidavit. That the applicant has no concerned with the 6. alleged incident which has been took place at time raid in connection with case crime 176 of 2019 lodged under Section 409 of IPC at Police Station – Station Link Road, District – Ghaziabad. That real story is that the applicant has no any 7. relation with said crime as alleged against him by the informant & investigating officer of the case crime. That the informant has directed vide order dated 8. 23.09.2019 the applicant to appear before the Information Commission at Lucknow on 25.09.2019. The photocopy of the order dated 23.09.2019 passed by the informant is being annexed herewith as Annexure No. 3 to this affidavit. That in pursuant to the order dated 23.04.2019, the 9. applicant went to the office of the Police Line, Ghaziabad through his private vehicle No. UP 14 – EC – 0393 and collected the requisite paper on 24.09.2019 near about 14.30 hours. That after collection of the relevant papers, the 10. applicant moved to Lucknow but prior to that he went to his uncle’s house at Fetehabad, Agra. Meanwhile the Smt. Laxmi Singh Chauhan Station House Officer, Police Station – Station Link Road, District – Ghaziabad (hereinafter referred to as ‘SHO’) called the applicant about 05.17 PM for becoming the part and parcel of the raid, which has to be conducted at Delhi in connection of the case crime 176 of 2019 lodged under Section 409 of IPC at Police Station – Station Link Road, District – Ghaziabad. At that moment as the applicant was moving to Lucknow he replied her that he is moving to Lucknow in pursuant to the order passed by the informant. The applicant further send his location to the SHO on his WhatsApp number. That the applicant was continuously moving with his 11. private vehicle No. UP 14 – EC – 0393 on 24.09.2019 and crossed Yamuna Expressway on 24.09.2019 at 06.17.53PM. The photocopy of the toll plaza reports of the vehicle No. UP 14 – EC – 0393 is being annexed herewith as Annexure No. 4 to this affidavit. That the near about 06.51.15 AM on 25.09.2019 12. reached to the nearby Lucknow to appear before the Hon'ble Information Commission. The applicant has exit the Agra Expressway with his private vehicle No. UP 14 – EC – 0393 with benefit of exemption of toll tax being police officer. The photocopy of the toll receipt dated 25.09.2019 along with the photograph of the vehicle is being annexed herewith as Annexure No. 5 to this affidavit. That the applicant has appeared before the Hon'ble 13. Information Commission in Appeal No. S-10-825/A/2018 (Hazi Arif Vs First Appellate Officer, SSP, Ghaziabad) and submitted the compliance report dated 24.09.2019 before the Hon'ble Commission on 25.09.2019 and put his signature on the order sheet of the Hon'ble Commission on behalf of the First Appellate Officer. The photocopy of the compliance order dated 24.09.2019 and the order sheet dated 25.09.2019 containing the signature of the applicant is being annexed herewith as Annexure No. 6 to this affidavit. That here it relevant to mention that the applicant 14. was not present at Police Station – Station Link Road, District – Ghaziabad since 24.09.2019 about 14.00 hours and the said fact is also well known by the SHO as she herself directed the applicant to appear before the Hon'ble Information Commission, Lucknow but the applicant has been falsely implicated in the case crime. That despite knowing that the applicant is not at 15. Police Station – Station Link Road, District – Ghaziabad but vide perusal of the contents of serial No. 2 of CD-35 dated 25.09.2019, it is mentioned that the vide GD entry No. 10 dated 24.09.2019, the applicant along with other police personnel exit on 19.03 hours vide Rapat No. 32 dated 24.09.2019 and returned on 20.00 hours and later on vide Rapat No. 39 dated 24.09.2019 at 21.05 again exit with the SHO and others for raid in connection with the case crime 176 of 2019 lodged under Section 409 of IPC at Police Station – Station Link Road, District – Ghaziabad. That thereafter the raid has been conducted by the 16. SHO and other team members at Delhi, in which the applicant was not member of the said raid team and recovered the amount of & 14,81,500/- from arrested accused of the of the case crime 176 of 2019 and recovery memo have been prepared. The photocopy of the recovery memo dated 25.09.2019 relating to the amount 14,81,500/- is being annexed herewith as Annexure No. 7 to this affidavit. That on bare perusal of the recovery memo it is 17. very clear that on one recovery memo the signature of the applicant has been contained while another has not. Here it is relevant to mention that the applicant was not present at time of raid but his signature has been made by the raiding team members for their good faith. That according the recovery memo dated 25.09.2019, 18. the applicant and a constable have been sent to the concerned police station along with the alleged money, while at that time the applicant was moving to Lucknow. That thereafter vide G.D. No. 4 at 03.04 hours 19. dated 25.09.2019 mentioned the returning of the applicant along with constable have been entered at 03.04 hours on 25.09.2019 along with the arrested accused and recovered money from them. That thereafter another raid has been conducted by 20. the SHO and other raid team at Delhi, in which from arrested accused of the of the case crime 176 of 2019 Rs. 31,00,000/- has been recovered. The photocopy of the recovery memo relating to amount Rs. 31,00,000/- is being annexed herewith as Annexure No. 8 to this affidavit. That thereafter vide G.D. No. 6 dated 25.09.2019 at 21. 04.27 hours mentioned the returning of the SHO along with raiding team has been returned along with the arrested accused and recovered money from them. That thereafter the informant has informed by the 22. SHO with regard to said raid and recovery of the money and arrested accused then the informant came at concerned Police Station and took statement of the accused persons, who stated that they have about 1.15-1.25 Crore rupees while the raid team shown recovery of Rs. 45,81,500/-. That the informant, when came to know that the 23. recovery amount is lesser than actual amount and about 70-80 lacs rupees is missing, then he informed to his higher officers with said regard. That the Senior Superintendent of Police, Ghaziabad 24. directed the informant on 25.09.2019 to conduct an inquiry with regard to raid conducted in case crime 176 of 2019 by the SHO and missing of Rs. 70-80 lacs. That the informant has conducted the inquiry and 25. concluded the same on very same day i.e. 25.09.2019 on the basis of the statements of the raid team, accused statements and on basis of the documents and found guilty for grabbing of the money. That the informant in his report dated 25.09.2019 26. without going to fact only on the basis of the GD entries, named the applicant and stated that the applicant is also involve in grabbing the money while the applicant was in Lucknow in pursuant to the order dated 23.09.2019, passed by the informant himself. That the SHO and other raid team have also not 27. informed to the informant that the applicant was not the part and parcel of the raid conducted in connection with the case crime No. 176 of 2019. That on inquiry report dated 25.09.2019, the Senior 28. Superintendent of Police, Ghaziabad directed investigating officer lodged the first information report, in pursuant to same, the first information report dated 25.09.2019 lodged against the applicant and others. That it was very surprising that the SHO as well as 29. the informant well known that the applicant was on way of Lucknow to appear before Hon'ble Information Commission but only on basis of the wrong entry in the G.D., the first information report lodged against the applicant. That the father of the applicant, met with the 30. informant and stated abovementioned facts and produced the records to show that the applicant was at Lucknow and appear before Hon'ble Information Commission and requested to them consider the same and submit the final report in favour of the applicant but nothing has been done by them. That the father of the applicant moved a complaint 31. over the Jansunwai portal bearing No. 40014619039336 on 12.11.2019 before the opposite party No. 1 stating that the applicant is being falsely implicated in the case crime and requested to do needful but nothing has been done by him. The photocopy of the complaint moved by the father of the applicant on 12.11.2019 is being annexed herewith as Annexure No. 9 to this affidavit. That when nothing has been done, then again the 32. father of the applicant moved a complaint over the Jansunwai portal bearing No. 40014619043126 on 18.12.2019 before the state authority mentioned all above noted facts and requested to do needful. The photocopy of the complaint moved by the father of the applicant on 18.12.2019 is being annexed herewith as Annexure No. 10 to this affidavit. That meanwhile against the applicant and other 33. accused, the Non-Bailable Warrant has been issued on 19.10.2019 and proceeding of Section 82 of Cr.P.C. has been initiated on 08.11.2019. That investigating officer, despite knowing 34. everything mentioned hereinabove, submitted the charge sheet against the applicant along with other accused on 01.01.2020 bearing No. 01 of 2020 under Sections 409 of I.P.C. and 7/13 The Anti Corruption (Prevention) Act, 1988, in very illegal and malafide manner. That the court concerned against the applicant & 35. other accused takes cognizance and passed the impugned summoning order dated 06.01.2020. That it is also relevant to mention here that no 36. case is made out against the applicant as alleged in the first information report and applicant has never committed any offence as alleged. That nothing has been recovered from the 37. applicant’s possession with regard to impugned first information report lodged by the informant. That in view of the abovementioned averments, it is 38. clear that the Sections 409 of I.P.C. and 7/13 The Anti Corruption (Prevention) Act, 1988 have not attracted upon the applicant. That it is also relevant to mention here that no 39. case is made out against the applicant as alleged in the said application and applicant has never committed any offence as alleged. That the applicant has surrendered before the 40. competent court on 24.08.2020 and thereafter he has been send to the jail on very same day. That the applicant in jail since 24.08.2020 without 41. committing any offense as alleged against the applicant. That the co-accused including the SHO of the case 42. crime has been released on bail by this Hon'ble High Court passed in various dates, while the applicant is still in jail without committing any offense as alleged against him. The photocopies of the order passed by this Hon'ble High Court are being annexed as Annexure No. 11 to this application. That the applicant moved bail application bearing 43. No. 2863 of 2020 before Special Judge, Special Court No. 2, (Corruption Prevention Act), Meerut and his bail application has been rejected by the court concerned on 08.09.2020. The free certified copy of the order dated 08.09.2020 passed by court concerned is being annexed as Annexure No. 12 to this application. That there is no chance of the applicant absconding 44. or tempering with the prosecution witnesses. That the applicant is ready to furnished the 45. security and bond and also undertake that he will be never misused liberty of bail. That the applicant has no criminal history except 46. the aforesaid false case and not likely to hope in future to commit any offence. That in view of the above, it would be expedient 47. and necessary in the interest of justice that the applicant be enlarged on bail during pendency of case. Lucknow Date: .2020 Deponent VERIFICATION I, the deponent, do hereby verify that the contents of para of the accompanying petition 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: .2020 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 he understands the contents of this affidavit, which have been read over and explained by me. OATH COMMISSIONER Code : Group : Bail District :Ghziabad IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD Criminal Misc. Bail Application No. of 2020 District – Ghaziabad Navin Kumar Pachauri ......Applicant (In jail since 24.08.2020) Versus State of Uttar Pradesh .....Opposite Party INDEX Sr. No Particulars Page No. Application for exemption of filing affidavit with bail application 1. 1st Bail application for bail 2. Affidavit in support of application 3. Annexure No. 1 4. The photo/typed copy of the first information report lodged by the informant on 25.09.2019 Annexure No. 2 5. The typed copy of the statement of the informant dated 25.09.2019 Annexure No. 3 6. The photocopy of the order dated 23.09.2019 passed by the informant Annexure No. 4 7. The photocopy of the toll plaza reports of the vehicle No. UP 14 – EC – 0393 Annexure No. 5 8. The photocopy of the toll receipt dated 25.09.2019 along with the photograph of the vehicle Annexure No. 6 9. The photocopy of the compliance order dated 24.09.2019 and the order sheet dated 25.09.2019 containing the signature of the applicant Annexure No. 7 10. The photocopy of the recovery memo dated 25.09.2019 relating to the amount 14,81,500/- Annexure No. 8 11. The photocopy of the recovery memo relating to amount Rs. 31,00,000/- Annexure No. 9 12. The photocopy of the complaint moved by the father of the applicant on 12.11.2019 Annexure No. 10 13. The photocopies of the order passed by this Hon'ble High Court Annexure No. 11 14. The free certified copy of the order dated 08.09.2020 passed by court concerned Annexure No. 12 15. The photocopy of the complaint moved by the father of the applicant on 12.11.2019 ID proof of the deponent 16. Memo 17. (Pradeep Kumar Singh ‘Bisen’) Advocate ( ) Advocate Date: .2020 Counsels for the Applicant Mobile No. 9415288732 IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD C. M. Application No. of 2020 In Re Criminal Misc. Bail Application No. of 2020 District – Ghaziabad Navin Kumar Pachauri ......Applicant (In jail since 24.08.2020) Versus State of Uttar Pradesh .....Opposite Party APPLICATION FOR THE EXEMPTION OF FILING AN AFFIDAVIT WITH BAIL APPLICATION The applicant most respectfully begs to submit as under: - That the humble applicant stated that the requirement of filing an Affidavit along with the Application(s) may further be dispensed with in view of the Guidelines provided by the order of the Hon’ble High Court dated 14.04.2020 as well as 21.08.2020 as the deponent is unable to swear affidavit during this lockdown as due to Covid-19 as the deponent is aged about 63 years and as per guidelines issued by the Ministry of Health, Government of India as well state government to stay home to protect himself from the infection of the Covid-19 in this age. That in view of the guidelines of the High Court dated 21.08.2020 the details of the deponent of the affidavit as under: Aadhar No. - 327753520748 Card holder name - Prem Dutt Pachauri Father’s name - Shri Shiv Charan Lal Date of Birth - 01.01.1956 Address - Village – Chachipura Khander, Police Station – Fatehabad, District - Agra Mobile No. - 9897504477 (Link with adhar No.) - That the deponent further declared that the deponent is the father/parirokar of the applicant and duly authorized by application for swearing the affidavit and do hereby solemnly affirm that the averments made hereinabove true and correct. That the deponent further declared that after lifting the lockdown, he will be filed hard copy of the proper affidavit within one month. (Pradeep Kumar Singh ‘Bisen’) Advocate ( ) Advocate Date: .2020 Counsels for the Applicant Mobile No. 9415288732