Prompt: Generate a Bail Application involving the following key legal details: - CASE: Crime No. 169 of 2022 - BAIL APPLICATION: Bail Application No. 3759 of 2022 - DISTRICT: Not available --- Output: IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH, LUCKNOW Criminal Misc. Case No. (B) of 2023 Kallu Yadav aged about 35 years son of Shri Badri Prasad Yadav resident of Village - Tirchha, Police Station - Maheshganj, District – Pratapgarh .....Applicant (In Jail from 11.08.2022) Versus State of Uttar Pradesh through Additional Chief Secretary, Home, Civil Secretariat, Government of U.P., Lucknow .....Opposite Party Case Crime No. 169 of 2022 U/S 307, 308, 323, 504, 506, 427, 325 of I.P.C. Police Station - Maheshganj District – Pratapgarh Bail application No. 3759 of 2022 rejected by Additional Session Judge, Court No. 3, Pratapgarh, on 17.01.2023 FIRST APPLICATION FOR BAIL UNDER SECTION 439 OF 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 to Case Crime No. 169 of 2022 under Sections 307, 308, 323, 504, 506, 427, 325 of I.P.C. registered at Police Station – Maheshganj, District – Pratapgarh, in the interest of Justice. Lucknow (Pradeep Kumar Singh ‘Bisen’) Advocate Date: .2023 Counsel for the Applicant Case Crime No. 169 of 2022 U/S 307, 308, 323, 504, 506, 427, 325 of I.P.C. Police Station - Maheshganj District – Pratapgarh Bail application No. 3759 of 2022 rejected by Additional Session Judge, Court No. 3, Pratapgarh, on 17.01.2023 IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH, LUCKNOW Criminal Misc. Case No. (B) of 2023 Kallu Yadav ...Applicant (In Jail from 11.08.2022) Versus State of Uttar Pradesh ....Opposite Party AFFIDAVIT (In support of bail application) I, Prmila Yadav aged about 22 years daughter of Shri Badri Prasad Yadav resident of Village – Tirchha Peeng, Kunda, Police Station - Maheshganj, District – Pratapgarh, Religion – Hindu, Education – Illiterate, Occupation – Agricultural labour, do hereby solemnly affirm and state on oath as under :- That the deponent is the sister/pairokar of the 1. applicant and duly authorized by the applicant to doing pairavi and files the aforesaid application before this Hon'ble Court and as such she is fully conversant with the facts of the case and deposed as under. The ID Proof of the deponent is enclosed and her photograph is affixed on the affidavit. That the deponent further declares that the 2. contents of the affidavit have been explained in Hindi by the counsel of the applicant to her as such he conversant with the facts of the case. That this is the first bail application before 3. 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 4. 02.07.2022, Shri Ayodhya Prasad son of Late Gayadeen resident of Village Tirchha, Police Station - Maheshganj, District – Pratapgarh (hereinafter referred to as ‘informant’) lodged a first information report bearing Case Crime No. 169 of 2022 under Sections 307, 308, 323, 504, 506, 427 of I.P.C. at Police Station – Maheshganj, District – Pratapgarh against the applicant and his brothers of the applicant and two unknown persons with regard to an attempt to murder of the husband of the informant by firing upon him with regarding incident dated 25.06.2022. The photo/typed copy of the first information report dated 02.07.2022 is being annexed herewith as Annexure No. 01 to this affidavit. That the prosecution of the informant in nutshell 5. is that on 25.06.2022 around 07.30 hours, the applicant and his brother were in a property dispute trying to take possession of the informant’s land and protested the same, the applicant and his brothers have beaten the informant and others by lathi, danda, iron rod. That the alleged incident took place as the 6. informant on 25.06.2022 but the first information report has been lodged on 02.07.2022 i.e. more than 7 days delay, without giving any explanation with regard to the delay caused in lodging FIR, which is questionable and doubtful as the informant aforesaid FIR on basis of legal advice to harass the applicant and his family members and also for blackmailing for money. That initially the injured persons have been 7. brought for their medical at C.H.C. Kunda, Pratapgarh on 25.06.2022 around 10.30 hours, where their medical reports have been prepared and referred to S.R.N. Hospital, Prayagraj. The photo/typed copies of the medical reports dated 25.06.2022 of the injured are being annexed herewith as Annexure No. 2 to this affidavit. That thereafter, the injured have brought to 8. S.R.N. Hospital, Prayagraj on the very same day i.e. 25.06.2022, where the C.T. Scan of all three injured persons have been conducted. The photo/ typed copies of the S.T. Scan reports of the injured persons dated 25.06.2022 are being annexed herewith as Annexure No. 3 to this affidavit. That on a bare perusal of the medical reports of 9. the injured person, they seem to be forged and fabricated so for concern to the S.R.N. Hospital, Prayagraj as the 2 C.T. Scan report has been handwritten while one is computerized. That after about two months the C.T. Scan of the 10. injured person, the supplementary medical report of two injured were prepared on 06.08.2022 and about four months later the supplementary medical of the third injured was prepared on 01.10.2022 by the C.H.C., Kunda, Pratapgarh. The photo/ typed copies of the supplementary medical reports of the injured dated 06.08.2022 & 01.10.2022 are being annexed herewith as Annexure No. 4 to this affidavit. th That the statement of the informant has been 11. recorded under Section 161 of Cr.P.C. by the concerned police on 03.07.2022, in which he almost repeated his first information report. The typed copy of the statement of the informant dated 03.07.2022 is being annexed herewith as Annexure No. 5 to this affidavit. That the statements of the injured were also 12. recorded by the concerned police on 25.07.2022 and 24.09.2022 under Section 161 of Cr.P.C., in which she almost repeated the statement of the informant. The typed copy of the statements of the injured are being annexed herewith as Annexure No. 6 to this affidavit. That the version of the injured has not 13. collaborated with the medical report as the injured sustained injuries. That the real fact of the case is that the 14. applicant and informant are residents of the same village and have a dispute regarding the land. That the informant is arrogant person and has 15. enmity with some other villagers, as a result of the same on 25.06.2022, the informant and others fought with other, and they sustained injuries but later after well plan the informant cooked a false and fabricated story to falsely implicate the applicant and his brothers in the said case crime. That here it is relevant to mention that the 16. applicant and his brothers were not in the village at the time of the incident and they were in Punjab, where they were working since long back. That the applicant and his brothers have been 17. arrested by the concerned police on 11.08.2022, when the applicant and his brothers were retruned to their village on occation of the Rakshabandhan, which has been itself clered by the arresting memo. That there is no independent witness of the case 18. crime, which also creat doubts upon the prosecution story. That it is also relevant to mention here that no 19. case is made out against the applicant as alleged in the said application and the applicant has never committed any offence as alleged. That it is relevant to mention here that the 20. applicant was falsely implicated by the informant in said case crime with the collusion of the concerned police. That the applicant has no concern with the said 21. offence committed with the informant but then he was falsely implicated in said case crime. That there is no credible evidence on record, 22. 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, 308, 323, 504, 506, 427, 325 of I.P.C. registered, in the interest of Justice. is made out against the applicant. That without proper investigation of the case 23. crime, the investigating officer has submitted the charge against the applicant and his brothers bearing charge sheet No. 228 of 2022 under Section 307, 308, 323, 504, 506, 427, 325 of I.P.C. on 03.10.2022 That neither any evidence was found against the 24. 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 25. offence as alleged but he has been falsely implicated and has no involvement in the said case as alleged in the first information report. That apart of the instant case, which has been 26. lodged by the informant on basis of the fact, there is no criminal history of the applicant. That the applicant moved bail application bearing 27. No. 3759 of 2022 before Additional Session Judge, Room No. 3, Pratapgarh, and his bail application has been rejected by the court concerned on 17.01.2023. The free certified copy of the order dated 17.01.2023 passed by the court concerned is being annexed as Annexure No. 7 to this affidavit. That the applicant is languishing in jail since 28. 11.08.2022 without committing any offense as alleged by the informant. That there is no possibility of the applicant’s 29. conviction because he has not committed the crime in question as alleged by the informant. That the applicant undertakes that he will not 30. misuse the liberty of bail if so granted by this Court. That there is no chance of the applicant 31. absconding or tempering with the prosecution witnesses. That the applicant is ready to furnish the 32. security and bond and also undertake that he will be never misused the liberty of bail. That in view of the above, it would be expedient 33. and necessary in the interest of justice that the applicant be enlarged on bail in connection to Case Crime No. 169 of 2022 under Sections 307, 308, 323, 504, 506, 427, 325 of I.P.C. registered at Police Station – Maheshganj, District – Pratapgarh, in the interest of Justice during the pendency of case. Lucknow Date : .2023 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: .2023 Deponent I, do hereby declare that the person making this affidavit and alleging herself to be the deponent is known to me from the perusal of papers and I am satisfied that she 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 2023 Kallu Yadav ...Applicant (In Jail from 11.08.2022) 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 02.07.2022 Annexure No. 2 4. The photo/typed copies of the medical reports dated 25.06.2022 of the injured Annexure No. 3 5. The photo/ typed copies of the S.T. Scan reports of the injured persons dated 25.06.2022 Annexure No. 4 6. The photo/ typed copies of the supplementary medical reports of the injured dated 06.08.2022 & 01.10.2022 Annexure No. 5 7. The typed copy of the statement of the informant dated 03.07.2022 Annexure No. 6 8. The typed copy of the statements of the injured Annexure No. 7 9. The free certified copy of the order dated 17.01.2023 passed by the court concerned ID proof of the deponent 10. Memo 11. Lucknow (Pradeep Kumar Singh ‘Bisen’) Advocate Date: .2023 Counsel for the Applicant IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH, LUCKNOW Criminal Misc. Case No. (B)of 2023 Kallu Yadav Versus State of Uttar Pradesh Typed copy of Annexure No. 03-07-2022 c;ku oknh eqdnek Jh v;ks/;k çlkn iq= Lo0 x;knhu mez 60 o"kZ fuoklh xzke frj{kk Fkkuk egs'kxat tuin çrkix<+ cnfj;k¶r iwNrkN ij crk jgs gS fd ?kVuk fnukd 25@6@2022 le; djhc 7-30 cts lqcg dh gSA tehuh fookn dks ysdj xk¡o ds gh dU/kbZ ;kno rhjFk ;kno dYyw ;kno] vt; ;kno lqrx.k cæh çlkn fuå xzkå frj{kk Fkkuk egs'kxat tuin çrkix< ykBh M.Mk o yksgs dh jkM ysdj o QkoMk ysdj esjh Hkwfe ij dCtk djus yxs tc esjs yM+ds jkeujs'k us fojks/k fd;k rks mä foi{kh x.kksa us tku ls ekj Mkyus dh fu;r ls ekjs ftlls çkFkhZ dks dkQh pksV vk x;h chp cpko djus vk;h esjh cgw fouhrk dks Hkh ekjs ftlls esjh cgw dks flj ij pksV vk x;h vkSj og csgks'k gks x;hA mä foi{kh x.kksa us esjs ukrh foosd mez 16 o"kZ dks Hkh ekjk ihVk ftlls esjs ifjokjh tu dks xEHkhj pksV vk x;h vkSj çkFkhZ ds gYyk xqgkj epkus ij vkl ikl ds yksxks dks vkrs ns[kdj mä foi{khx.kksa us ek¡ cgu dh xkyh nsrs gq, njokts ij j[ks dherh ?kjsyw lkekuksa dks leku dks u"V djrs gq, iwjs ifjokj dks tku ls ekj Mkyus dh /kedh nsrs gq, ogka ls Hkkx x;s rFkk eSaus vkuu Qkuu esa Mk;y 108 ,EcqysUl dks Qksu djds cqyk;k çkFkfed mipkj gsrq lhå,pålhå egs'kxat ys vk;s- tgk¡ MkDVjks us jsQj dj fn;k gkyr [kjkc gksus ds dkj.k dqUMk lh0,p0lh0 ys x;s fdUrq mä çkFkhZ dh ifjokjh tu dh gkyr Bhd u gksus ds dkj.k Lo:i jkuh esfMdy dkyst ç;kxjkt jsQj dj fn;k tgk¡ vHkh Hkh bykt py jgk gSA ;gha esjk c;ku gSA gLo c;ku vfdr fd;k x;kA IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH, LUCKNOW Criminal Misc. Case No. (B)of 2023 Kallu Yadav Versus State of Uttar Pradesh Typed copy of Annexure No. 25-07-2022 c;ku et:ck Jherh fouhrk ;kno iRuh jkeujs'k mez 37 o"kZ fu0 xzke frjNk Fkkuk egs'kxat tuin çrkix< cnfj;k¶r iwNrkN ij crk jgh gS fd ?kVuk fnukad 25@6@2022 le; djhc 7-30 cts lqcg dh gSA tehuh fookn dks ysdj xk¡o ds gh dU/kbZ ;kno] rhjFk ;kno] dYyw ;kno vt; ;kno lqrx.k cnzh çlkn fuå xzkå frj{kk Fkkuk egs'kaxt tuin çrkix< ykBh M.Mk o yksgs dh jkM ysdj o QkoMk ysdj esjh Hkwfe ij dCtk djus yxs tc esjs ifr jkeujs'k us fojks/k fd;k rks mä foi{kh x.kksa us tku ls ekj Mkyus dh fu;r ls muij geyk dj fn;kA ftlls esjs ifr dks dkQh pksV vk x;h chp cpko djus tc eSa vk;h rks eq>dks Hkh ekjs ftlls esjs flj ij Hkh xEHkhj pksV vk x;hA mä foi{kh x.kksa us esjs iq= foosd mez 16 o"kZ dks Hkh ekjk ihVk ftlls mldks Hkh xEHkhj pksV vk x;hA eSa ekSds ij csgks'k gks x;h FkhA tc eq>s gks'k vk;k rks eSa vLirky esa csM ij FkhA esjk bZykt Lo:i jkuh vLirky ç;kxjkt esa gqvk gSAA ;gh esjk c;ku gSA gLo c;ku vafdr fd;k x;kA 24-09-2022 c;ku et:c jkeujs”k iq= Jh vk;ks/;k izlkn mez 40 o’kZ fuoklh xzke frjNk] Fkkuk egs”kxat tuin çrkix<+ us cnfj;k¶r iwN rkN ij c;ku fd;k fd lkgc fnukad 25@06@2022 dks le; djhc 07-30 cts lqcg tehuh fookn dks ysdj esjs xkao ds gh dUgS;kyky ;kno mQZ dU/kbZ rhjFkjkt ;kno —".kdqekj mQZ dYyw] vt; ;kno iq= x.k cnzh çlkn ;kno us ykBh MUMksa o QkoM+k ysdj esjh Hkwfe ij dCtk djus yxs tc eSus jksdk rks mä yksxks us eq>s xkyh xykSt djrs gq, tku ls ekj Mkyus dh uh;r ls esjs Åij tkuysok geyk dj fn;k Fkk ftlls eq>s xEHkhj pksVsa vk;h Fkh esjk gkFk Hkh VwV x;k Fkk tc chp cpko djus esjh iRuh fouhrk o yM+dk foosd vk;s rks mu yksxksa us mu ij Hkh tkuysok geyk dj fn;k vkSj mudks Hkh cqjh rjg ls ekjk ihVk Fkk ekjihV ls esjh iRuh fouhrk dks Hkh dkQh pksVsa vk;h Fkh ftlls og ekSds ij gh csgks'k gks x;h FkhA xko okyks ds chp cpko djus ij mijksä yksx tku ls ekj Mkyus dh /kedh nsrs gq, esjs njokts ij j[kh pkjikbZ o crZu rksM+ fn;s Fks vkSj ogk¡ ls pys x;s FksA ;gh esjk c;ku gSA gLo c;ku ntZ fd;k x;kA c;ku et:c foosd dqekj iq= jkeujs'k ;kno mez 16 o"kZ fuoklh xzke frjNk Fkkuk egs'kxat tuin çrkix<+ us cnfj;k¶r iwN rkN ij vius firk ds c;ku dk iw.kZ leFkZu djrs gq, crk;k fd lkgc fnukad 25@06@2022 dks le; djhc 07-30 cts lqcg tehuh fookn dks ysdj gekjs gh xkao ds dUgS;kyky ;kno mQZ dU/kbZ rhjFkjkt ;kno d`".k dqekj mQZ dYyw] vt; ;kno iq= x.k cnzh çlkn ;kno us ykBh MUMk o QkoMk ysdj gekjh tehu ij dCtk djus yxs rks esjs ikik us mudks jksdk Fkk rc mu yksxksa us esjs ikik dks xkyh xykSt djrs gq, tku ls ekj Mkyus dh uh;r ls muij tkuysok geyk dj fn;k Fkk ftlls mudks dkQh xEHkhj pksVs vk;h vkSj mudk gkFk Hkh VwV x;k Fkk tc esa o esjh eEeh fouhrk x;s rks mu yksxksa us yksxksa ij Hkh tkuysok geyk dj fn;k vkSj ge nksuksa dks Hkh cgqr ekjk ihVk Fkk ekjihV ls esjh eEeh dks o eq>dks dkQh pksVsa vk;h Fkh esjh eEeh rks ekSds ij gh csgks'k gksdj x;h FkhA xkao okyksa us vkdj chp cpko fd;k Fkk rc mijksDr yksx tku ls ekj Mkyus dh /kedh nsrs gq, esjs njokts ij j[kh pkjikbZ o crZu rksMdj ogk¡ ls pys x;s FksA ;gh esjk c;ku gSA gLo c;ku ntZ fd;k x;kA IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH, LUCKNOW Criminal Misc. Case No. (B)of 2023 Kallu Yadav Versus State of Uttar Pradesh Typed copy of Annexure No. Physical Assult E-3564 Examined Vineeta Devi 35 yers W/o Ram Naresh Yadav R/o Vill Tircha Post Peeng P/S Maheshganj, PBH at CHC Kunda at 10.30 AM on 25.06.22 B/B – Awdhesh Yadav (Brother) 9452542013 M/I Injuries – Lacerated wound Lt hap occipital over of skull 1. size above 1.0cm bleeding above just 7.0cm above to Lt eye. Adv X-ray skull AP, Lat Contused skull of Lt upper arm size 4.0 cm X 3.0 2. cm reddish color . Adv X-ray upper arm AP, Lat Contused skull a tip of Rt shoulder size 6.cm X 4.0 3. cm reddish color. Ad X-ray Lt shoulder AP, Lat Complaint of . Adv X-ray 2-5 4. Opinion – All injuries kept under observation and refer to SRN Hospital, Prayagraj for further treatment and expert opinion. RTI Sd. Illegible Physical Assult E-3566 Examined Ram Naresh Yadav 40 yers S/o Ayodhya Prasad R/o Vill Tircha Post Peeng P/S Maheshganj, PBH at CHC Kunda at 10.34 AM on 25.06.22 B/B – Awdhesh Yadav (Brother-in-law) 9452542013 M/I Injuries – Swelling on Lt lover 1/3 of forearm size 8.0 cm x 4.0cm reddish color, Adv X-ray Lt forearm wrist AP, Lat Swelling occipital area of skull size 3.0 cm x 3.0 cm reddish color. Adv X-ray skull AP, Lat Opinion – All injuries kept under observation and refer to SRN Hospital, Prayagraj/District Hospital, PBH for further treatment and expert opinion. RTI Sd. Illegible Physical Assult E-3566 Examined Vivek Yadav 16 yers S/o Ram Naresh Yadav R/o Vill Tircha Post Peeng P/S Maheshganj, PBH at CHC Kunda at 10.32 AM on 25.06.22 B/B – Awdhesh Yadav (Uncle - Mama) 9452542013 M/I Injuries – Swelling on Rt Tempow occipital eNCE of skull size 1. 8.0cm x 5.0cm reddish color, Ad X-ray skull AP, Lat Swelling on occipital eNCE of skull size 4.0 cm x 2. 3.0 cm reddish color. Adv X-ray AP, Lat Complain of pain in Lt shoulder. Adv X-ray Lt 3. shoulder AP, Lat Complaint of , Adv X-ray L.S. Spine AP view 4. Opinion – All injuries kept under observation and refer to SRN Hospital, Prayagraj for further ................ treatment and expert opinion. RTI Sd. Illegible IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH, LUCKNOW Criminal Misc. Case No. (B)of 2023 Kallu Yadav Versus State of Uttar Pradesh Typed copy of Annexure No. Department of Radiology M.L.M. medical college S.R.N. Hospital, Prayagraj Name of patient - Vivek H/O Hi S.NO. 39354/147293 Age 16 Yr. Sex M. Date 25 June 2022 CT. SCAN REPORT NCCT HEAD Scalp hematoma of maximum thickness 28 min is noted · in right fento panietal region. Linear undisplaced fracture of right parietal bone · exterding upto right occipital bone. Hemorihogic cerebral contusion in right frentol · region. Subdural hematoma of size 74x6 mm is noted in right · frontopanietol regin. For calcified qranulome of maximum size 3mm in · right panietal right frontal region. Sd. Illegible DR. Mukesh Pant MD Radiodiogra Assistant Professor Department of Radiology M.L.M. medical college S.R.N. Hospital, Prayagraj Name of patient – Ram Naresh S.NO. 39354/13990 Age 55 Yr. Sex M. Date 25.06.2022 CT. SCAN REPORT NCCT WRIST Fracture of lower end of radius. Rest visual 2nd bone normal. Sd. Illegible