Prompt: Generate a Bail Application involving the following key legal details: - CASE: Crime No. 98 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. Application No. (ABAIL) of 2022 Monu alias Sunil Saroj ...Applicant Versus State of Uttar Pradesh through its Additional Chief Secretary, Home, Government of U.P., Civil Secretariat, Lucknow ....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 09.06.2021 passed by this Session Judge, Pratapgarh Annexure No. 2 4. The photo/typed copy of the FIR dated 20.04.2021 Annexure No. 3 5. The Typed copy of the recovery dated 21.04.2021 Annexure No. 4 6. The photocopy of the representation moved by the deponent before the Chairman of S. C. & S. T. Commission, U.P. Annexure No. 5 7. The photocopy of the medical records of the applicant Annexure No. 6 8. The photocopy of the order passed by this Hon'ble High Court and court below ID proof of the deponent 9. Power 10. Lucknow (Pradeep Kumar Singh “Bisen”) Advocate Dated :15.02.2022 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. Application No. (ABAIL) of 2022 Monu alias Sunil Saroj aged about 36 years son of Shri Keshav Prasad resident of Village – Trilokipur, Police Station – Baghrai, District – Pratapgarh ....Applicant Versus State of Uttar Pradesh through its Additional Chief Secretary, Home, Government of U.P., Civil Secretariat, Lucknow .....Opposite Parties Case Crime No. 98 of 2021 U/s 147, 148, 352, 353, 332, 427, 188, 171F, 395, 412 of I.P.C., 7 of Criminal Law (Amendment) Act, 1932 and 139 Public Representative Act, 1951 Police Station – Baghrai District – Pratapgarh 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 bail to the applicant in connection with Case Crime No. 98 of 2021 under Sections 147, 148, 352, 353, 332, 427, 188, 171F, 395, 412 of I.P.C., 7 of Criminal Law (Amendment) Act, 1932 and 139 Public Representative Act, 1951 relating to Police Station – Baghrai, District – Pratapgarh, in the interest of Justice. Lucknow (Pradeep Kumar Singh “Bisen”) Advocate Dated : 15.02.2022 Counsel for the applicant Case Crime No. 98 of 2021 U/s 147, 148, 352, 353, 332, 427, 188, 171F, 395, 412 of I.P.C., 7 of Criminal Law (Amendment) Act, 1932 and 139 Public Representative Act, 1951 Police Station – Baghrai District – Pratapgarh IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW BENCH, LUCKNOW Crl. Misc. Application No. (ABAIL) of 2022 Monu alias Sunil Saroj ...Applicant Versus State of Uttar Pradesh through its Additional Chief Secretary, Home, Government of U.P., Civil Secretariat, Lucknow ....Opposite Party AFFIDAVIT (In support of bail application) I, Monu alias Sunil Saroj aged about 36 years son of Shri Keshav Prasad resident of Village – Trilokipur, Police Station – Baghrai, District – Pratapgarh, Religion – Hindu, Qualification – Intermediate, Occupation – Agriculture, the deponent do hereby solemnly affirm and state on oath as under :- That the deponent is the applicant himself in 1. aforesaid application 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 20.04.2021 lodged by the opposite party No. 2 bearing Case Crime No. 98 of 2021 under Sections 147, 148, 352, 353, 332, 427, 188, 171F, 395, 412 of I.P.C., 7 of Criminal Law (Amendment) Act, 1932 and 139 Public Representative Act, 1951 relating to Police Station – Baghrai, District – Pratapgarh. That the applicant, further declared that the 3. first information report lodged by the opposite party No. 2 under Sections 147, 148, 352, 353, 332, 427, 188, 171F, 395, 412 of I.P.C., 7 of Criminal Law (Amendment) Act, 1932 and 139 Public Representative Act, 1951, 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. 1205 of 2021 filed before the Session Judge, Pratapgarh by the applicant has been rejected vide order dated 09.06.2021 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 photocopy of the order dated 09.06.2021 passed by this Session Judge, Pratapgarh is being annexed herewith as Annexure No. 01 to this application. That the opposite party No. 2 lodged the First 6. Information Report dated 20.04.2021 against unknown persons regarding the demolition at Booth No. 11, Trilokpur (A), Block – Bihar, District – Pratapgarh regarding incident dated 19.04.2021, bearing Case Crime No. 98 of 2021 under Sections 147, 148, 352, 353, 332, 427, 188, 171F of I.P.C., 7 of Criminal Law (Amendment) Act, 1932 and 139 Public Representative Act, 1951 relating to Police Station – Baghrai, District – Pratapgarh. The photo/typed copy of the FIR dated 20.04.2021 is being annexed herewith as Annexure No. 02 to this affidavit. That the case of prosecution in a nutshell as that 7. the opposite party No. 2 was Presiding Officer in Panchayat Election held on 19.04.2021 at Booth No. 11, Trilokpur (A), Block – Bihar, District – Pratapgarh. The poll was going well till 5.25 PM. When the concerned Sub Divisional Officer and Sector Magistrate came at booth thereafter several persons entered in polling booth and demolished the entire booth alongwith the ballot box and other papers. That here it is relevant to mention that there is 8. no any averments made in the first information report regarding the loot of the ballot box but later on it has been also added by the concerned police. That thereafter on 21.04.2021, the concerned 9. police recovered the 2 ballot box and arrested the 13 accused persons relating to the aforesaid case crime. The Typed copy of the recovery dated 21.04.2021 is being annexed herewith as Annexure No. 03 to this affidavit. That the arrested accused has named the applicant 10. and stated that the applicant was also present at time of incident while the applicant was not present at incident place. That on the basis of the recovery memo the Section 11. 395 & 412 of I.P.C. has been added in the case. That humble applicant further stated that the 12. nothing has been recovered from the applicant in any manner but the concerned police also charged under Section 395 & 412 of IPC. That it is most relevant to mention here that the 13. applicant has not committed any offense as alleged by the opposite party No. 2 in his first information report dated 20.04.2021. That the first information report has been lodged 14. by the opposite party No. 2 against the several persons and he has been named by the concerned police. That the real fact of the case is that the 15. applicant was not supporter of the present winning candidate of the Village Pradhan due to which he has been targeted and falsely implicated. That when the voter have been polarized in favour 16. of the applicant’s candidate thereafter the winning candidate, create the nuisance in the election and the concerned police later on named the applicant in the said case crime. That the village pradhan election was held on 17. 19.04.2021, in which some persons broken the ballot box due to which a first information report bearing Case Crime No. 99 of 2021 under Sections 147, 148, 352, 353, 332, 427, 188, 171F, 395, 412 of I.P.C., 7 of Criminal Law (Amendment) Act, 1932 and 139 Public Representative Act, 1951 relating to Police Station – Baghrai, District – Pratapgarh lodged against the unknown persons. The concerned police threaten the applicant that if he has not paid Rs. 1,50,000/- then he alongwith family sent to the jail. Due to fear and threat of the concerned police, the deponent gave Rs. 25,000/-. When the deponent not paid rest amount i.e. Rs. 1,25,000/- then the concerned police was regularly threatening the deponent and his family. That meanwhile the anticipatory bail application 18. has been filed in connection with Case Crime No. 99 of 2021 by the applicant before this Hon'ble High Court thereafter, the concerned police annoyed and on 23.06.2021, they entered in the house of the applicant and brutally beaten and abused by caste the applicant and other family members due to which the leg of the applicant broken. The deponent brought his brother i.e. the applicant to the District Hospital, from which he has referred to Prayagraj, which he was given treatment. The deponent moved complaint before the Superintendent of Police, Pratapgarh on his Whatsapp number but nothing has been done by him. Thereafter the deponent moved a representation before the Chairman of S. C. & S. T. Commission, U.P. to take action against the concerned police personnel. The photocopy of the representation moved by the deponent before the Chairman of S. C. & S. T. Commission, U.P. is being annexed herewith as Annexure No. – 04 to this affidavit. That the applicant sustained grievous injuries due 19. to illegal act of the police personnel of the concerned Police Station. The photocopy of the medical records of the applicant is being annexed herewith as Annexure No. – 05 to this affidavit. That the opposite party No. 2 named the applicant 20. in the first information report for extraneous reasons for harassing the applicant and his family members due to village party-bandi. That the opposite party No. 2 falsely implicated 21. the applicant, through collusion of the present village pradhan & police personnel in the said crime, which is baseless and concocted story. That since the applicant has not committed any 22. offence as alleged, hence no offence under Sections 147, 148, 352, 353, 332, 427, 188, 171F, 395, 412 of I.P.C., 7 of Criminal Law (Amendment) Act, 1932 and 139 Public Representative Act, 1951 relating to Police Station – Baghrai, District – Pratapgarh, is made against him. That there was no any independent witnesses 23. produced by the informant, on said place moreover if any witness is produced by the informant they are interested witnesses. That it is also relevant to mention here that 24. there is no case is made out against the applicant as alleged in the said FIR and applicant has never committed any offence as alleged. That the applicant has no concerned with the 25. alleged incident, he has also been implicated due to malafide intention of the Opposite party No. 2. That apart from the instant case crime, against 26. the applicant several cases have been lodged. The details of the cases lodged against the applicant are as under: Case Crime No. 99 of 2021 under Sections 147, i. 148, 352, 353, 332, 427, 188, 171F, 395, 412 of I.P.C., 7 of Criminal Law (Amendment) Act, 1932 and 139 Public Representative Act, 1951 relating to Police Station – Baghrai, District – Pratapgarh, in which the applicant has been granted the anticipatory bail by this Hon'ble High Court on 21.12.2021. Case Crime No. 98 of 2021 under Sections 147, ii. 148, 352, 353, 332, 427, 188, 171F, 395, 412 of I.P.C., 7 of Criminal Law (Amendment) Act, 1932 and 139 Public Representative Act, 1951 relating to Police Station – Baghrai, District – Pratapgarh, which is present case in which the applicant is being filing the application for granting anticipatory bail to him. Case Crime No. 35 of 2021 under Section 147, iii. 148, 149, 323, 504, 506, 34 of IPC registered at Police Station – Baghrai, District – Pratapgarh, in which this Hon'ble High Court granted interim anticipatory bail to the applicant on 30.11.2021. Case Crime No. 17 of 2015 under Section 392 iv. of IPC registered at Police Station – Manikpur, District – Pratapgarh, in which the applicant has been granted by the court concerned on 26.03.2015. Case Crime No. 197 of 2012 under Section 379, v. 411, 420, 467, 468, 471 of IPC registered at Police Station – Vajirganj, District – Lucknow, in which the applicant has been granted bail by the court concerned. The photocopy of the order passed by this Hon'ble High Court and court below is being annexed herewith as Annexure No. - 06 to this affidavit. That the impugned first information report has 27. been lodged by the Opposite party No. 2 against the applicant on the basis of wrong facts and the applicant believed that the concerned police would be arrest the applicant. That the applicant has no any criminal history and 28. the allegations against the applicant is false and baseless. That if the applicant will arrested, the applicant 29. will suffer irreparable loss and injury as the applicant has not committed any offence. That there is no chance of the applicant 30. absconding or tempering with the prosecution witnesses. That the applicant is ready to furnished the 31. 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 32. and necessary in the interest of justice that the applicant be enlarged on anticipatory bail in connection with Case Crime No. 98 of 2021 under Sections 147, 148, 352, 353, 332, 427, 188, 171F, 395, 412 of I.P.C., 7 of Criminal Law (Amendment) Act, 1932 and 139 Public Representative Act, 1951 relating to Police Station – Baghrai, District – Pratapgarh, during pendency of case. Lucknow Date: 15.02.2022 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 : 15.02.2022 Deponent I, identify the deponent, who has 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, 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 IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW BENCH, LUCKNOW Crl. Misc. Application No. (ABAIL) of 2022 Monu alias Sunil Saroj ...Applicant Versus State of Uttar Pradesh through its Additional Chief Secretary, Home, Government of U.P., Civil Secretariat, Lucknow ....Opposite Party Annexure No.