Datasets:

SHASWATSINGH3101
/

bail_data_text

Rajesh Kumar Pandey alias Napoleon aged about 44 years
son Shri Ramakant Pandey, resident of Village - Nevani
Narai, Police Station - Sangramgarh, District –
Pratapgarh

.....Applicant

(In Jail from 05.10.2018)

Versus

State of Uttar Pradesh .....Opposite Party

Case Crime No. 19 of 2006

U/S 307 I.P.C.

Police Station - Sangramgarh

District – Pratapgarh

Bail application rejected by 1st
Additional Session Judge/ Special
Judge, Human Rights and POSCO Act,
Pratapgarh, on 05.10.2018

APPLICATION FOR BAIL UNDER SECTION 439 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 the interest of Justice.
Lucknow (Pradeep Kumar Singh ‘Bisen’)

Advocate

Date: .2018 Counsel for the Applicant

Case Crime No. 19 of 2006

U/S 307 I.P.C.

Police Station - Sangramgarh

District – Pratapgarh

Bail application rejected by 1st

Additional Session Judge/ Special

Judge, Human Rights and

POSCO Act, Pratapgarh, on 5.10.2018

IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD,

LUCKNOW BENCH, LUCKNOW

Criminal Misc. Case No. (B) of 2018

Rajesh Kumar Pandey alias Napoleon

...Applicant

(In Jail from 05.10.2018)

Versus

State of Uttar Pradesh ....Opposite Party

AFFIDAVIT

(In support of bail application)

I, Nagendra Pratap Singh aged about 37 years son of

Shri Awadhesh Pratap Singh Resident of Village –
Nauriha, Police Station – Sangramgarh, District –
Pratapgarh, Religion – Hindu, Education – Literate,
Occupation – Agriculture, do hereby solemnly affirm and
state on oath as under :-

That the deponent is the pairokar of the 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 this is the first bail application before

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

07.04.2006, the informant Shiv Mohan Singh
resident of Shri Chandra Pal Singh resident of
Village - Nevani Narai, Police Station -
Sangramgarh, District – Pratapgarh lodged a first
information report bearing Case Crime No. 19 of
2006 under Section 307 I.P.C. at Police Station –
Sangramgarh, District – Pratapgarh against the
applicant/petitioner with regard to attempt to
murder of the opposite party No. 2 by firing three
rounds with 15 Bore country made pistol (Katta) on
06.04.2006. The photo/typed copy of the first
information report dated 07.04.2006 is being
annexed herewith as Annexure No. 01 to this
application.
That the medical of the injured/informant was

conducted initially at Community Heath Centre,
Sangramgarh, District – Pratapgarh on 06.04.2006
and thereafter his medical conducted at S. R. N.
Hospital, Allahabad. The photo/typed copy of the
medical reports of the injured/informant is being
annexed herewith as Annexure No. 2 to this
affidavit.
That the statement of the informant has been

recorded under Section 161 of Cr.P.C. by the

concerned police in which he repeated his first
information version after modified his story to
prove his allegation. The photocopy of the
statement of the informant is being annexed
herewith as Annexure No. 3 to this affidavit.
That after lodging the first information report

the investigating officer after proper
investigation i.e. on basis of statements of the
witnesses & other evidences, submitted the final
report bearing No. 09 of 2006 dated 11.07.2011 in
favour of the applicant. The photo/typed copy of
the final report dated 11.07.2006 is being annexed
herewith as Annexure No. 4 to this affidavit.
That thereafter the informant against the final

report dated 11.07.2006 moved protest application
before the court concerned on 30.10.2006. The
opposite party No. 2 made several allegations upon
the investigating officer on false and frivolous
basis.
That upon said protest application, after hearing

to the parties concerned, the court concerned vide
its order dated 18.04.2007 quashed the final
report dated 11.07.2006 directed to investigate
the matter under Section 190(1)B of Cr.P.C.. The
photocopy of the order dated 18.04.2007 passed by
the court concerned is being annexed herewith as
Annexure No. 5 to this affidavit.
That the informant, lodged the said first

information report and later on filed protest
application against final report dated 11.07.2006
only for the harassing to the applicant and his

family members and try to blackmail.
That the summoning order dated 18.06.2007 has

10.

never been served upon the applicant thus he was
not aware about the said criminal proceeding.
Meanwhile the learned court below imitated the
proceeding under Section 82 of Cr.P.C. against the
applicant on 07.09.2017.
That the applicant challenged the summoning dated

11.

18.06.2007 as well as Non Bail Warrant order dated
07.09.2017 issued by the learned court below
before this Hon'ble High Court by filing Crl.
Misc. Case No. 2479 (A-482) of 2018 (Rajesh Kumar
Pandey alias Napoleon Vs State of U.P. and
another).
That aforesaid case has been decided by this

12.

Hon'ble High Court on 26.04.2018 and directed the
applicant to surrender before the court concerned
and moved bail application and such application
would be decided by the court concerned under the
law laid down in Lal Kamlendra Pratap Singh Vs.
State of U.P., reported in 2009(3) ADJ, 322 (SC).
The photocopy of the order dated 26.04.2018 passed
by this Hon'ble High Court is being annexed
herewith as Annexure No. 6 to this affidavit.
That in pursuant to directions of this Hon'ble

13.

High Court the applicant surrendered before the
court concerned and the court concerned granted
interim bail to the applicant but later on the
bail application has been rejected by the court.

That it is also relevant to mention here that no

14.

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

15.

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

16.

offence committed with the informant but the he
was falsely implicate in said case crime.
That there is no credible evidence on record,

17.

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 I.P.C. is made
out against the applicant.
That neither any evidence was found against the

18.

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

19.

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 moved bail application bearing

20.

No. 772 of 2018 before 1st Additional Session
Judge/ Special Judge, Human Rights and POSCO Act,
and his bail application has been rejected by the
court concerned on 05.10.2018. The free copy and
certified copy of the order dated 05.10.2018
passed by court concerned is being annexed as
Annexure No. 7 to this application.
That the learned 1st Additional Session Judge/

21.

Special Judge, Human Rights and POSCO Act on basis
of criminal history rejected the bail application
of the applicant, which is as under:

Case Crime No. 19 of 2006 under Sections 307 of

IPC at Police Station – Sangramgarh, District –
Pratapgarh, in which the applicant is in jail.

Case Crime No. 17 of 2005 under Sections

ii.

323, 504, 506 of IPC at Police Station –
Sangramgarh, District – Pratapgarh, in which
the applicant is enlarged on bail and trail is
going on.

Case Crime No. 47 of 2006 under Sections

iii.

323, 504 of IPC at Police Station –
Sangramgarh, District – Pratapgarh, with this
regard, the applicant has no any information.

Case Crime No. 124 of 2007 under Sections

iv.

307 of IPC at Police Station – Nawabganj,
District – Pratapgarh, in which the applicant
acquittal by the court concerned.
Case Crime No. 126 of 2007 under Sections 25 of

Arms Act at Police Station – Nawabganj,
District – Pratapgarh, in which the applicant
acquittal by the court concerned.

Case Crime No. 91 of 2008 under Sections

vi.

2/3 of U.P. Gangster and Anti-Social Activities
(Prevention) Act, 1986 at Police Station –
Sangramgarh, District – Pratapgarh, in which
the applicant acquittal by the court concerned.
The photocopy of the acquittal order passed by
court concerned is being annexed as Annexure
No. 8 to this application.

Case Crime No. 58 of 2009 under Sections

vii.

110G of Cr.P.C. at Police Station –
Sangramgarh, District – Pratapgarh, the said
proceeding is windup.

Case Crime No. 23 of 2011 under Sections

viii.

110G of Cr.P.C. at Police Station –
Sangramgarh, District – Pratapgarh, the said
proceeding is windup.

Case Crime No. 139 of 2012 under Sections

ix.

110G of Cr.P.C. at Police Station –
Sangramgarh, District – Pratapgarh, the said
proceeding is windup.

The serial No. iv & v of the above list were lodged by
the concerned police falsely showing the applicant was
involve in police encounter.

That the applicant in jail since 05.10.2018

22.

without committing any offence as alleged against
the applicant by the informant.
That there is no possibility of the applicant’s

23.

conviction because he has not committed the crime
in question as alleged by the informant.
That the applicant undertakes that he will not

24.

misuse the liberty of bail if so granted by this
Court.
That there is no chance of the applicant

25.

absconding or tempering with the prosecution
witnesses.
That the applicant is ready to furnished the

26.

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

27.

and necessary in the interest of justice that the
applicant be enlarged on bail during pendency of
case.

Lucknow
Date : .2018 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: .2018 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 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 2018

Rajesh Kumar Pandey alias Napoleon

...Applicant

(In Jail from 05.10.2018)

Versus

State of Uttar Pradesh ....Opposite Party

INDEX

Sr.No

Particulars Page No.

Application for bail under section
439 Cr.P.C.

Affidavit in support of

application
Annexure No. 1

The photo/typed copy of the first
information report dated
07.04.2006
Annexure No. 2

The photo/typed copy of the
medical reports of the
injured/informant
Annexure No. 3

The photocopy of the statement of
the informant
Annexure No. 4

The photo/typed copy of the final
report dated 11.07.2006
Annexure No. 5

The photocopy of the order dated
18.04.2007 passed by the court
concerned
Annexure No. 6

The photocopy of the order dated
26.04.2018 passed by this Hon'ble
High Court
Annexure No. 7

The photo copy of the order dated
05.10.2018 passed by court
concerned
Annexure No. 8

10.

The photocopy of the acquittal
order passed by court concerned
ID proof of the deponent

11.

Memo

12.

Lucknow (Pradeep Kumar Singh ‘Bisen’)

Advocate

Date: .2018 Counsel for the Applicant

IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD,

LUCKNOW BENCH, LUCKNOW

Criminal Misc. Case No. (B)of 2018

Rajesh Kumar Pandey Versus State of U. P.

Type copy of the Annexure No.

Examine Sri Shiv Mohan Singh aged 55 M S/o Sri Late
Chandra Pal Singh R/o Village – Narai Police Station –
Sangramgarh PBH on 06.04.06 at 7.15AM at CHC
Sangramgarh, PBH B/B VP 351 Aftab Alam Police Station –
Sangramgarh, PBH M/I LTE Turn Blue not
Injury

Gun shot wound of entry .3*.3cm* dept 1Cm on Lt

side of forehead 2 cm above medial 1 cm
No Bleeding
Injury is come by gun shot from in
Aa X-ray
Ref to SRN Hospital, Alld for
X-ray &

Sd illegible

Seal of hospital

IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD,

LUCKNOW BENCH, LUCKNOW

Criminal Misc. Case No. (B)of 2018

Rajesh Kumar Pandey Versus State of U. P.

Type copy of the Annexure No.

Department of Radiology
M.L.N. Medical Collage
S.R.N. Hospital, Allahabad
Name of patient Shiv Mohan Singh
WD/OPD W/B E-26
X-Ray Nos No. 2495-99/06
Year Date 06.04.06
MLC X-Ray report
X-ray lt knee AP Lat view
These is evidence of fracture of medial inter
tubercle of tibia seen in the part visualised.
X-ray Rt shoulder jt AP Lat

No bony fracture seen in the part visualised.

X-ray Skull AP Lat

No bony fracture seen in the part visualised.

illegible
11.04.06

Dr. R. Ranjan

Seal of hospital