Prompt: Generate a Bail Application involving the following key legal details: - CASE: Crime No. 125 of 2021 - DISTRICT: Not available - BAIL APPLICATION: Not available --- Output: IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW BENCH, LUCKNOW Crl. Misc. Anticipatory Bail No. Of 2021 Pawan Singh …..Applicant Versus State of Uttar Pradesh ....Opposite Party INDEX Sr.No Particulars Page No. Application for anticipatory bail under section 438 Cr.P.C. 1. Affidavit in support of application 2. Annexure No. 1 3. The photocopy of the order dated 24.06.2021 passed by this Session Judge, Pratapgarh Annexure No. 2 4. The photo/typed copy of the FIR dated 05.04.2021 Annexure No. 3 5. The photocopy of the order dated 30.06.2021 passed by this Hon'ble High Court Annexure No. 4 6. The photocopies of the bail orders passed by the learned court below in favour the applicant ID proof of the deponent 7. Power 8. Lucknow (Pradeep Kumar Singh “Bisen”) Advocate Dated : .08.2021 Counsel for the applicant Mobile No. 9415288732 AoR No. B/P0262 IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW BENCH, LUCKNOW Crl. Misc. Anticipatory Bail No. Of 2021 Pawan singh aged about 54 years son of Shri Ajay Raj Singh resident of Village – Sakardaha, Police Station – Baghrai, District – Pratapgarh ....Applicant Versus State of Uttar Pradesh .....Opposite Party Case Crime No. 125 of 2021 U/s 420, 467, 468, 471, 272, 273 of I.P.C. U/s 60, 60A, 63 of U.P. Excise Act, 1910 Police Station – Kunda District – Pratapgarh Anticipatory Bail Application No. 1240 of 2021 has been rejected by Sessions Judge, Pratapgarh on 24.06.2021 APPLICATION FOR ANTICIPATORY BAIL UNDER SECTION 438 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 anticipatory bail to the applicant in connection with Case Crime No. 125 of 2021 under Sections 420, 467, 468, 471, 272, 273 of I.P.C. and 60, 60A, 63 of U.P. Excise Act, 1910 at Police Station – Kunda, District – Pratapgarh, in the interest of Justice. Lucknow (Pradeep Kumar Singh “Bisen”) Advocate Dated : .08.2021 Counsel for the applicant Case Crime No. 125 of 2021 U/s 420, 467, 468, 471, 272, 273 of I.P.C. U/s 60, 60A, 63 of U.P. Excise Act, 1910 Police Station – Kunda District – Pratapgarh Anticipatory Bail Application No. 1240 of 2021 has been rejected by Sessions Judge, Pratapgarh on 24.06.2021 IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW BENCH, LUCKNOW Crl. Misc. Anticipatory Bail No. Of 2021 Pawan Singh …..Applicant Versus State of Uttar Pradesh ....Opposite Party AFFIDAVIT (In support of anticipatory bail application) I, Raj Pratap Singh alias Shekhar Singh aged about 33 years son of Shri Pawan Singh resident of Village – Sakardaha, Police Station – Baghrai, District – Pratapgarh, Religion – Hindu, Occupation – ?Business, Education – Literate, do hereby solemnly affirm and states on oath as under :- That the deponent is the son of the applicant and 1. duly authorized by him for swearing this affidavit on his behalf and as such he is fully conversant with the facts of the case, deposed to hereunder. The photo verification slip issued by the Awadh Bar Association, Lucknow of the deponent is affixed on the affidavit and his ID proof is enclosed with the affidavit. That the concerned police is intended to arrest to 2. the applicant with connection to the First Information Report dated 05.04.2021 lodged by the informant namely Shri Devendra Pratap Singh, Station House Officer, Police Station - Kunda, District – Pratapgarh, against the applicant and 14 other persons as Case Crime No. 125 of 2021 under Sections 420, 467, 468, 471, 272, 273 of I.P.C. and 60, 60A, 63 of U.P. Excise Act, 1910 at Police Station – Kunda, District – Pratapgarh. That the applicant, further declared that the 3. first information report lodged by the informant under Sections 420, 467, 468, 471, 272, 273 of I.P.C. and 60, 60A, 63 of U.P. Excise Act, 1910 which is not fallen under Section 438(6) of Cr.P.C.. That this is the First anticipatory bail 4. application before this Hon'ble Court, which is being filed under Section 438 of Cr.P.C., before this Hon'ble High Court and no any other anticipatory bail is being before this Hon'ble High Court or at Allahabad or before any other High Court in India, pertaining to the same subject matter. That the applicant has moved anticipatory bail 5. application bearing No. 1245 of 2021 filed before the Session Judge, Pratapgarh by the applicant has been rejected vide order dated 24.06.2021 passed by the court concerned. No other any anticipatory bail application pending before this Hon'ble High Court or rejected by this Hon'ble High Court. The certified copy of the order dated 24.06.2021 passed by this Session Judge, Pratapgarh is being annexed herewith as Annexure No. 01 to this application. That the first information report dated 05.04.2021 6. has been lodged by the informant against the applicant and 14 other persons as Case Crime No. 125 of 2021 under Sections 420, 467, 468, 471, 272, 273 of I.P.C. and 60, 60A, 63 of U.P. Excise Act, 1910 at Police Station – Kunda, District – Pratapgarh. The photo/typed copy of the FIR dated 05.04.2021 is being annexed herewith as Annexure No. 02 to this affidavit. That the case of prosecution in a nutshell as that 7. the informant and his team on patrolling of area on 05.04.2021 and that time the informant got information from his informer (eq[kfcj) in regard of huge adulterated liquor stored in shop situated between Babuganj Highway and railway line. That the raid has been conducted by the informant 8. alongwith his team on 05.04.2021 at alleged place of occurrence and seized lot of adulterated liquor and no anyone arrested by the concerned police at the time raid. That the name of the applicant was not told by the 9. (eq[kfcj) informer of the informant during the raid while several names of the accused have been mentioned by him, where he was present and on basis which the applicant is named in the first information report. That the name of the applicant is shown at serial 10. No. 12 in the accused column in the first information report dated 05.04.2021. That here it relevant to mention that on perusal 11. of the contents of the first information report it is clear that there is no name mentioned but suddenly during lodging the first information report the name of the petitioner placed at serial No. 12 of the accused column. That the real fact of the incident is that the 12. applicant is falsely implicated by the concerned police for showing their good work and also for extraneous reasons. That there is no concerned with the said 13. allegation regarding illegal adulterated liquor as alleged by the informant against the applicant in any manner. That it is further relevant to mention that in 14. year 2019 during the Lok Sabha election the applicant opposed the present Member of Parliament (i.e. ruling party) due to which he has enmity with the applicant. That the applicant was threatened by the present 15. Member of Parliament to support his candidate contesting for Zila Panchyat in local body elections held in last few days ago otherwise he would be suffer a lot but the applicant denied for the same as he has follower of the other political party, which is not ruling and contesting against the present ruling party with its best. That due to aforesaid reasons for building 16. pressure upon the applicant the present Member of Parliament is misusing the District Administration/ authorities against the applicant, his two sons, lodged the first information report. That in result of the above, the informant falsely 17. implicates the applicant, in the said crime for ulterior motive, which is baseless and illegal. That the informant falsely implicates the 18. applicant, in the said crime, due to their own personal/political reasons, behest the Member of Parliament, which is baseless and illegal due to ulterior motive. That nothing has been recovered with regard to 19. adulterated liquor from the applicant’ possession and place in any manner by the informant. That the applicant has no concerned with the 20. recovered liquor from the alleged place by the informant. That it is relevant to mention here that neither 21. any other evidence against the applicant nor there is hope to found by the investigation officer as nothing has been done by the applicant. That the entire case has been made and based 22. against the applicant only on information of the police informer. That the applicant is innocent and belongs 23. respected family and the applicant has not involved in any criminal activity ever. That the first information report has been lodged 24. by the Informant against the applicant on the basis of wrong facts and the applicant believed that the concerned police would be arrest the applicant. That in similar sections this Hon'ble High Court 25. granted anticipatory bail to applicant of the Anticipatory Bail No. 6607 of 2021 (Shalvendra Pratap Singh Vs State of U.P. and another) vide order dated 30.06.2021. The photocopy of the order dated 30.06.2021 passed by this Hon'ble High Court is being annexed herewith as Annexure No. 03 to this application. That apart from present case, against the 26. applicant some other cases lodged, which are as under: Case Crime No. 89 of 2014 under Sections 323, i. 504, 506, 171G of IPC and 3(1)10 of S.C. and S.T. Act at Police Station – Baghrai, District – Pratapgarh, in which the applicant has been granted bail by the court concerned. Case Crime No. 319 of 2016 under Sections 419, ii. 420, 467, 468, 471, 272, 273 of IPC and 60/63 of Excise Act at Police Station – Baghrai, District – Pratapgarh, in which the applicant has been granted bail by the court concerned. iii.Case Crime No. 03 of 2019 under Section 3(1) of U.P. Gunda Act at Police Station – Baghrai, District – Pratapgarh, in which the applicant was externmed for 6 months from the District – Pratapgarh. Case Crime No. 124 of 2021 under Sections 272, iv. 273, 420, 467, 468, 471, of IPC and 60, 60A, 63, 63A of Excise Ac and 103, 104 of The Trade and Merchandise Marks Act, 1958 at Police Station – Kunda, District – Pratapgarh, in which the Anticipatory bail application of the applicant is pending before the learned court below. The photocopies of the bail orders passed by the learned court below in favour the applicant are being annexed herewith as Annexure No. 04 to this affidavit. That if the applicant will arrested, the applicant 27. will suffer irreparable loss and injury as the applicant has not committed any offence. That there is no chance of the applicant 28. absconding or tempering with the prosecution witnesses. That the applicant is ready to furnished the 29. security and bond and also undertake that he will be never misused liberty of anticipatory bail. That in view of the above, it would be expedient 30. and necessary in the interest of justice that the applicant be enlarged on anticipatory bail, during pendency of case. Lucknow Date: .08.2021 Deponent VERIFICATION I, the deponent, do hereby verify that the contents of para 1 to 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 Date : .08.2021 Deponent I, identify the deponent and 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 as per identity shown by him. Advocate Solemnly affirmed before me on at A.M./P.M. by the deponent, named above, 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. 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