Prompt: Generate a Bail Application involving the following key legal details: - CASE: Crime No. 303 of 2022 - 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 2023 Umesh Verma aged about 28 years son Shri Ram Awadh Verma resident of Village - Karmajeetpur, Police Station - Kandhai, District – Pratapgarh .....Applicant (In Jail from 15.07.2022) Versus State of Uttar Pradesh through Additional Chief Secretary, Home, Civil Secretariat, Government of U.P., Lucknow .....Opposite Party Case Crime No. 303 of 2022 U/S 307, 504, 506, 120B of I.P.C. Police Station - Kandhai District – Pratapgarh Bail application rejected by Additional Session Judge, Court No. 3, Pratapgarh, on 28.09.2022 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. 303 of 2022 under Sections 307, 504, 506, 120B of IPC registered at Police Station – Kandhai, District – Pratapgarh, in the interest of Justice. Lucknow (Pradeep Kumar Singh ‘Bisen’) Advocate Date: .2023 Counsel for the Applicant Case Crime No. 303 of 2022 U/S 307, 504, 506, 120B of I.P.C. Police Station - Kandhai District – Pratapgarh Bail application rejected by Additional Session Judge, Court No. 3, Pratapgarh, on 28.09.2022 IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH, LUCKNOW Criminal Misc. Case No. (B) of 2023 Umesh Verma ...Applicant (In Jail from 15.07.2022) Versus State of Uttar Pradesh ....Opposite Party AFFIDAVIT (In support of bail application) I, Ram Awadh aged about 66 years son of Shri Budhu resident of Village – Karmajitpur, Dileeppur, Police Station – Kandhai, District – Pratapgarh, Religion – Hindu, Education – Illiterate, Occupation – Agriculture, do hereby solemnly affirm and state on oath as under :- That the deponent is the father/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 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 the deponent further declares that the 2. contents of the affidavit have been explained in Hindi by the counsel of the applicant to him 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. 13.07.2022, the informant Smt. Pooja Verma wife of Manish Verma resident of Village - Karmajeetpur, Police Station - Kandhai, District – Pratapgarh (hereinafter referred to as ‘informant’) lodged a first information report bearing Case Crime No. 303 of 2022 under Sections 307, 504, 506 of I.P.C. at Police Station – Kandhai, District – Pratapgarh against the brothers of the applicant and two unknown persons with regard to attempt to murder of the husband of the informant by firing upon him with regarding to incident dated 12.07.2022. The photo/typed copy of the first information report dated 13.07.2022 is being annexed herewith as Annexure No. 01 to this affidavit. That the applicant is languishing in jail since 5. 15.07.2022 without committing any offense as alleged by the informant. That the prosecution of the informant is nutshell 6. is that on 12.07.2022 around 19.30 hours, the brother of the applicant called the husband of the informant. Thereafter the informant heard a gunfire then he heard that her husband has been injured and the brothers of the applicant and two unknown were involve in said incident. That the applicant is not named in the first 7. information report by the informant. That the medical of the injured/informant was 8. conducted initially at District Hospital, Pratapgarh on 12.07.2022. According to the medical report of the injured, he sustained two injuries i. on nose and ii. on chest. The photo/typed copy of the medical report dated 12.07.2022 of the injured is being annexed herewith as Annexure No. 2 to this affidavit. That the statement of the informant has been 9. recorded under Section 161 of Cr.P.C. by the concerned police on 13.07.2022, in which she changed the version first information report and named the applicant and stated that the applicant gave a mobile to the informant and talking to her. When the informant made a compliant her husband then the applicant and his brothers gave life threat to her husband and on 12.07.2022 they attempted for murder. The typed copy of the statement of the informant dated 13.07.2022 is being annexed herewith as Annexure No. 3 to this affidavit. That the statement of the sister of the injured 10. also recorded by the concerned police on 13.07.2022 under Section 161 of Cr.P.C., in which she almost repeated the statement of the informant. The typed copy of the sister of the injured dated 13.07.2022 is being annexed herewith as Annexure No. 4 to this affidavit. That thereafter on 14.07.2022, the statement of 11. the injured has been recorded under Section 161 of Cr.P.C., in which he stated another motive and stated that the applicant fired by revolver at his forehead. The typed copy of the injured dated 14.07.2022 is being annexed herewith as Annexure No. 5 to this affidavit. That the version of the injured has not 12. collaborated with the medical report as the injured sustained injuries on his nose and chest. If the applicant fired upon the injured at his forehead via close range then it is not possible that the injured sustained injuries on nose and chest. That there it is also relevant to mention that the 13. as per prosecution, the applicant and his brothers themselves brought the injured to the hospital. If the applicant and his brothers have motive to murder the injured then why he was brought to the hospital by the applicant and his brother. That the injured thereafter went to S. R. N. 14. Hospital, Prayagraj 13.07.2022 for his treatment without any advice or reference of the doctor concerned and without getting treatment leave the said hospital. That again on 13.07.2022, the injured admitted 15. himself in Parvati Hospital Pvt. Ltd., Prayagraj, where he mentioned that he sustained the injuries due to road accident and after treatment discharged on 22.07.2022. The photo/typed copy of the admission and discharge summary of the injured issued by Parvati Hospital Pvt. Ltd., Prayagraj being annexed herewith as Annexure No. 6 to this affidavit. That the applicant and his brothers have been 16. arrested from the District Hospital, Pratapgarh on 13.07.2022 and for showing the good work, the investigating officer shown the arresting of the applicant and his brother from another place on 15.07.2022, in which shown the recovery of the alleged fire arm from the applicant. The photo/typed copy of the recovery cum arrest memo dated 15.07.2022 is being annexed herewith as Annexure No. 7 to this affidavit. That the real fact of the case is that the 17. applicant and injured are residing in same village and having enmity due to village party bandi. That on 12.07.2022, the injured was trying to 18. remove the bullet from the katta at alleged place of incident at that time katta blasted and the injured sustained the injuries and then being villager, the applicant his brother brought him to hospital for the treatment of the injured. That meanwhile the informant lodged the first 19. information report next day i.e. on 13.07.2022 without knowing the fact of the case against the brothers of the applicant. That thereafter the applicant and his brothers 20. have been arrested by the concerned police from hospital and prepared forged recovery memo showing the recovery of the alleged fire arm from the applicant. That it is also relevant to mention here that no 21. 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 22. 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 23. offence committed with the informant but the he was falsely implicate in said case crime. That there is no credible evidence on record, 24. 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, 504, 506, 120B of IPC registered, in the interest of Justice. is made out against the applicant. That neither any evidence was found against the 25. 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 26. 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 has been falsely implicated in 27. another case apart from the above mentioned case, which is as under: Case Crime No. 306 of 2022 under Sections 323, i. 504, 506, 325 of IPC at Police Station – Kandhai, District – Pratapgarh, in which the applicant has been granted the bail by the court concerned on 05.12.2022. The photocopy of the order dated 05.12.2022 passed by court concerned is being annexed as Annexure No. 8 to this affidavit. That apart from above mentioned cases there is no 28. criminal history against the applicant. That the applicant moved bail application bearing 29. No. 2851 of 2022 before Additional Session Judge, Room No. 3, Pratapgarh, and his bail application has been rejected by the court concerned on 28.09.2022. The free copy of the order dated 28.09.2022 misplaced by the deponent therefore certified copy of the order is being annexed with this affidavit. The certified copy of the order dated 28.09.2022 passed by court concerned is being annexed as Annexure No. 9 to this affidavit. That the applicant in jail since 15.07.2022 30. without committing any offence as alleged against the applicant by the informant. That there is no possibility of the applicant’s 31. conviction because he has not committed the crime in question as alleged by the informant. That the applicant undertakes that he will not 32. misuse the liberty of bail if so granted by this Court. That there is no chance of the applicant 33. absconding or tempering with the prosecution witnesses. That the applicant is ready to furnished the 34. 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 35. and necessary in the interest of justice that the applicant be enlarged on bail in connection to Case Crime No. 303 of 2022 under Sections 307, 504, 506, 120B of IPC registered at Police Station – Kandhai, District – Pratapgarh, in the interest of Justice during 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 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 IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH, LUCKNOW Criminal Misc. Case No. (B)of 2023 Umesh Verma ...Applicant (In Jail from 15.07.2022) 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 13.07.2022 Annexure No. 2 4. The photo/typed copy of the medical report dated 12.07.2022 of the injured Annexure No. 3 5. The typed copy of the statement of the informant dated 13.07.2022 Annexure No. 4 6. The typed copy of the sister of the injured dated 13.07.2022 Annexure No. 5 7. The typed copy of the injured dated 14.07.2022 Annexure No. 6 8. The photo/typed copy of the admission and discharge summary of the injured issued by Parvati Hospital Pvt. Ltd., Prayagraj Annexure No. 7 9. The photo/typed copy of the recovery cum arrest memo dated 15.07.2022 Annexure No. 8 10. The photocopy of the order dated 05.12.2022 passed by court concerned Annexure No. 9 11. The certified copy of the order dated 28.09.2022 passed by court ID proof of the deponent 12. Memo 13. Lucknow (Pradeep Kumar Singh ‘Bisen’) Advocate Date: .2023 Counsel for the Applicant