Prompt: Generate a Bail Application involving the following key legal details: - CASE: Crime No. 79 of 2020 - DISTRICT: Pratapgarh - BAIL APPLICATION: Bail Application No. 236 of 2022 --- Output: IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW BENCH : LUCKNOW CRL. MISC. CASE NO. (B) OF 2022 Manish Singh son of Shri Hari Narayan Singh resident of Village - Muraini, Police Station – Sangramgarh, District – Pratapgarh ....Accused/Applicant (In Jail since 26.05.2020) Versus State of Uttar Pradesh through Additional Chief Secretary, Home, Civil Secretariat, Government of U.P., Lucknow ..........Opposite Party Case Crime No.: 79 of 2020 Under Section : 147, 302, 307, 308, 452, 323, 504, 506, 427, 325 of IPC Police Station :Sangramgarh District :Pratapgarh First Bail Application No. 236 of 2022 has been rejected on 08.06.2022 by this Hon'ble High Court. SECOND BAIL APPLICATION UNDER SECTION 439 Cr.P.C. For the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon’ble may kindly be pleased to enlarge the applicant on bail in connection with Case Crime No. 79 of 2020 under Sections 147, 302, 307, 308, 452, 323, 504, 506, 427, 325 of IPC related to the Police Station – Sangramgarh, District – Pratapgarh during the pendency of his trial, in the interest of justice. Lucknow (Pradeep Kumar Singh ‘Bisen’) Advocate Date: .2022 Counsel for the Applicant Note: The first bail application filed by the applicant bearing Crl. Misc. Case No. 236 (B) of 2022 (Manish Singh Vs State of U.P.) has been rejected on 08.06.2022 by Hon’ble Justice Shri Rajeev Singh ‘J’. Lucknow (Pradeep Kumar Singh ‘Bisen’) Advocate Date: .2022 Counsel for the Applicant IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLHABAD LUCKNOW BENCH: LUCKNOW CRL. MISC. CASE NO. (B) OF 2022 Manish Singh ....Accused/Applicant (In Jail since 26.05.2020) Versus State of U.P. ..........Opposite Party AFFIDAVIT (In support of first bail application) I, Hari Narayan Singh aged about 62 years son of Shri Sangam Singh resident of Village – Muraini, Dhangarh, Kunda District – Pratapgarh, Religion – Hindu, Qualification – Literate, Occupation – Former, the deponent do hereby solemnly affirm and state on oath as under :- That the deponent is the father of the applicant 1. and doing pairvi of the aforesaid case and as such he is fully conversant with the facts of the case deposed herein under. That the photograph of the deponent is being 2. pasted on the first page of this affidavit and photocopy of ID proof of the deponent is being annexed with this affidavit. That this is the second bail application on 3. behalf of the applicant on new grounds before this Hon'ble High Court. Earlier the first bail application filed by the applicant bearing Crl. Misc. Case No. 236 (B) of 2022 (Manish Singh Vs State of U.P.) has been rejected on 08.06.2022 by Hon’ble Justice Shri Rajeev Singh ‘J’. This is the second bail application of the applicant before the Hon'ble Court and no other bail application is pending before in any court of law on his behalf. The photocopy of the order dated 08.06.2022 passed by this Hon'ble High Court is being annexed herewith as Annexure No. 1 to this affidavit. That the brief fact of the case for proper 4. adjudication is being before this Hon'ble Court. That the first information report was logged by 5. the Smt. Shivraja Devi wife of Shri Radhey Shyam resident of Village - Muraini, Police Station – Sangramgarh, District – Pratapgarh (hereinafter referred to as ‘informant’) on the 22.05.2020 at 18.15 hours against the applicant and 11 others registered as Case Crime No. 79 of 2020 under Sections 147, 308, 452, 323, 504, 506, 427 of IPC relating to Police Station – Sangramgarh, District – Pratapgarh. The photo/type copy of the first information report dated 22.05.2020 is being annexed herewith as Annexure No. 2 to this affidavit. That according to the First Information Report 6. lodged by the informant, the prosecution story is in nutshell that on 22.05.2020 around 03.00 PM, the applicant alongwith others including his family members were trying to close the drainage and on protest of the informant they have abused her and beaten her and her family members with lathi, danda and axe. The informant further alleged that when entered the house of one Raj Bahadur for saving her life then the applicant and other accused also entered on said place and beaten her and also broken the several items. That the informant and other persons have injured 7. as stated by her but they have not approached to the doctor for their treatment. The medical of the injured conducted on 23.05.2020 and nothing was serious. The photo/copies of the medical of the informant and others are being annexed herewith as Annexure No. 3 to this affidavit. That the statement of the informant recorded by 8. the concerned police, in which she almost repeated her first information report. That on Raj Bahadur, who have allegedly beaten by 9. accused persons of the case crime has been died and the post mortem was conducted on 24.05.2020 in which 6 injuries shown and the cause of death ascertained as ‘anti-mortem head injuries’. The photo/typed copy of the post mortem report dated 24.05.2020 is being annexed herewith as Annexure No. 4 to this affidavit. That as per that post mortem, the deceased died 10. due to head injury and the prosecution is silent on this point that who is author of said injury, because general role has been assigned to all the alleged accused persons including the applicant. That the applicant is innocent and he has falsely 11. been implicated by the informant and the said first informant report just to save herself and her family members from the consequences of offences committed by them, regarding which a criminal case has been registered by the wife of the applicant, while no such incident has taken place as alleged by the informant. That the real fact of the case is that the 12. applicant and informant are resident of same village and having dispute regarding sahan, which is going on between them since long back. That 22.05.2020 around 15.00 hours, the uncle of 13. the applicant namely Hari Prasad Singh, who is also accused in the case crime, was cleaning his Sahan land then the informant and her family members tried to restrain him for doing so and also abused him. That the uncle of the applicant, when restrained 14. the informant and her family member from abusing then they assaulted upon him. On alarm of the uncle, the applicant and his father reached to the place of incident to save him then the informant and others again assaulted and for saving the life of his uncle, the applicant and his father entered their house but the informant and others not stopped and entered in the house of the applicant. That on alarm of the applicant, his father & 15. uncle, several villagers reached at the place of incident and pelted stone upon the informant and others for rescuing the applicant and his family members and after sustaining the injuries from the stone pelting of the villagers, the informant and others has run away from the place of incident. That due to assault of the informant and her 16. family members, the applicant and his family members has received grievous injuries. That after the assault of the informant upon the 17. applicant’s family, they approached to concerned police lodging the first information report against the informant and others but due to extraneous reasons, which was offered/received from the informant, the first information report has not lodged. That when nothing was done by the concerned 18. against the informant and others, while the first information report has been lodged against the applicant and others, an application under Section 156(3) of Cr.P.C. moved by the wife of the applicant before court concerned. That the aforesaid application of the applicant’s 19. wife allowed and treated as complaint and in which the informant and 12 others have been summoned by the court concerned vide order dated 08.03.2022. The photocopy of the order dated 08.03.2022 passed by the court concerned is being annexed herewith as Annexure No. 5 to this affidavit. That the applicant was sent to jail in connection 20. of the said case crime and his bail applications have been rejected from court below and thereafter the applicant has moved bail before this Hon'ble High Court on 05.01.2022 and was pending before this Hon'ble High Court. That the informant for the malicious reasons, on 21. his behest one Amarjeet Patel, who is allegedly injured of the case crime, lodged a first information report against the applicant and another on 21.05.2022 bearing Case Crime No. 434 of 2022 under Sections 506 of IPC registered at Police Station – Kotwali City, District – Pratapgarh stating therein that the applicant has given life threat to her in court premises. The photocopy of the first information report dated 21.05.2022 lodged by Amarjeet Patel is being annexed herewith as Annexure No. 6 to this affidavit. That the informant succeeded in her aim and in 22. result of same on 08.06.2022, this Hon'ble High Court, rejected bail application of the applicant in view of the first information report lodged by Amarjeet Patel and issued direction to the trial court to conclude the trial within a period of six months. That the Case Crime No. 434 of 2022 registered on 23. 21.05.2022 and till date no police report filed before the court concerned and investigation is still going on. The photo/typed copy of the questioner dated 21.09.2022 is being annexed herewith as Annexure No. 7 to this affidavit. That according to the prosecution story it 24. clearly reveals that story of the prosecution is based on only false, incorrect facts and grounds and also concerned police avoiding the truth of case and there is no an evidence against the applicant/accused. That apart from above mentioned, in which the 25. second bail application is being moving by the applicant, two other false and wrong cases have been lodged against the applicant and in counter affidavit filed by the state in earlier bail, showing the 5 cases including the present case crime. The photocopy of the criminal history as given by the state in counter affidavit of Crl. Misc. Case No. 236 of 2022 is being annexed herewith as Annexure No. 8 to this affidavit. That the case mentioned in the criminal history 26. chart, in first case has been closed by the Juvenile Justice Board, Pratapgarh. S. No. 2 & 3 are proceeding of 110G of Cr.P.C., 4th is present and in 5th case (under Gangster Act), the bail application has not moved on behalf of the applicant. The photocopy of the order dated 14.12.2021 passed by the Juvenile Justice Board, Pratapgarh is annexed herewith as Annexure No. 9 to this affidavit. That there is total 23 witnesses of the trial, 27. which is going on before the trial and till date only five witnesses, in which four are witnesses of fact, have been examined and there is no hope to conclude the trial within 6 months as directed by this Hon'ble High Court vide order dated 08.06.2022. That the applicant had applied for bail before 28. the Sessions Judge, Pratapgarh bearing Bail Application No. 150 of 2021 but the same has been rejected on insufficient grounds vide order dated 22.01.2021. The photo copy of bail rejection order dated 22.01.2021 passed by the learned court is annexed herewith as Annexure No. 10 to this affidavit. That since the applicant has not committed any 29. offence as alleged but he has been falsely implicated in the case by the informant and their family members in malafide intention. That there is no possibility of the applicant 30. conviction because he has not committed the crime in question, as alleged by the prosecution. That there is no chance of applicant absconding 31. or tampering with the prosecution witnesses and they are willing to offer bail to the satisfaction of this Hon’ble Court. That the applicant is in Jail since 26.05.2020 32. without committing any offence. That the applicant will cooperate with the trial 33. and will not tamper the prosecution witnesses. That the applicant undertakes that they will not 34. misuse the liberty of bail if so granted by this Hon’ble Court. That the applicant is ready and willing to file 35. adequate surety as the Hon’ble Court may deems fit and proper in the circumstances of the case. That in view of the above, it would be expedient 36. and necessary in the interest of justice that the applicant be enlarged on bail Case Crime No. 79 of 2020 under Sections 147, 302, 307, 308, 452, 323, 504, 506, 427, 325 of IPC related to the Police Station – Sangramgarh, District – Pratapgarh, during pendency of case. Lucknow Date : .2022 Deponent VERIFICATION I, the deponent, above named do hereby verify that the contents of para 1 to of this affidavit are true to my own knowledge. No part of it is false and nothing material fact has been concealed. So help me God. Lucknow Date : .2022 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, above named, 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 to her. OATH COMMISSIONER Code: 401 508 GROUP : Bail DISTRICT: Pratapgarh IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLHABAD LUCKNOW BENCH: LUCKNOW CRL. MISC. CASE NO. (B) OF 2022 Manish Singh ....Accused/Applicant (In Jail since 26.05.2020) Versus State of U.P. ..........Opposite Party INDEX Sr Particulars Page No. No. 1 Application for Bail (second) Separate 2 Affidavit in support of second bail application 3 Annexure No. 1 The photocopy of the order dated 08.06.2022 passed by this Hon'ble High Court 4 Annexure No. 2 The photo/type copy of the first information report dated 22.05.2020 5 Annexure No. 3 The photo/copies of the medical of the informant and others 6 Annexure No. 4 The photo/typed copy of the post mortem report dated 24.05.2020 7 Annexure No. 5 The photocopy of the order dated 08.03.2022 passed by the court concerned 8 Annexure No. 6 T The photocopy of the first information report dated 21.05.2022 lodged by Amarjeet Patel 9 Annexure No. 7 The photo/typed copy of the questioner dated 21.09.2022 10 Annexure No. 8 The photocopy of the criminal history as given by the state in counter affidavit of Crl. Misc. Case No. 236 of 2022 11 Annexure No. 9 The photocopy of the order dated 14.12.2021 passed by the Juvenile Justice Board, Pratapgarh 12 Annexure No. 10 The photo copy of bail rejection order dated 22.01.2021 passed by the learned court 13 Photocopy of ID of the deponent 14 Memo Lucknow (Pradeep Kumar Singh ‘Bisen’) Advocate Date: .2022 Counsel for the Applicant Mobile No.: 9415288732