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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.
|