| Prompt: | |
| Generate a Bail Application involving the following key legal details: | |
| - CASE: Crime No. 123 of 2014 | |
| - DISTRICT: Not available | |
| - BAIL APPLICATION: Not available | |
| --- | |
| Output: | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD, | |
| LUCKNOW BENCH, LUCKNOW | |
| Criminal Misc. Case No. (B) of 2015 | |
| Aasheen son of Mohd. Safiq resident of Village – | |
| Lawana, Police Station - Nawabganj, District – | |
| Pratapgarh | |
| .....Applicant | |
| (In Jail from 20.08.2014) | |
| Versus | |
| State of Uttar Pradesh | |
| .....Opposite Party | |
| Case Crime No. 123 of 2014 | |
| Under section 498A/304B I.P.C. | |
| 3/4, The Dowry Prohibition Act | |
| Police Station - Nawabganj | |
| District – Pratapgarh | |
| Bail application rejected by the | |
| Sessions Judge, Pratapgarh on 31.01.2015 | |
| 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 (Dr. Gyan Singh) | |
| Advocate | |
| Dated : .2015 Counsel for the applicant | |
| Case Crime No. 123 of 2014 | |
| Under section 498A/304B I.P.C. | |
| 3/4, The Dowry Prohibition Act | |
| Police Station - Nawabganj | |
| District – Pratapgarh | |
| Bail application rejected by the | |
| Sessions Judge, Pratapgarh on 31.01.2015 | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD, | |
| LUCKNOW BENCH, LUCKNOW | |
| Criminal Misc. Case No. (B)of 2015 | |
| Aasheen …...Applicant | |
| (In Jail from 20.08.2014) | |
| Versus | |
| State of Uttar Pradesh ....Opposite Party | |
| AFFIDAVIT | |
| (In support of bail application) | |
| I, Mohd. Islam aged about 35 years son of Mohd. Rafi | |
| resident of Village – Lawana, Police Station - | |
| Nawabganj, District – Pratapgarh, Religion – Muslim, | |
| Education – Literate, Occupation – Band Master, do | |
| hereby solemnly affirm and state on oath as under :- | |
| That the deponent is the brother of the applicant | |
| 1. | |
| and duly authorized by the applicant to file 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 | |
| 2. | |
| 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 a first | |
| 3. | |
| information report has been lodged against | |
| applicant and three family members of the | |
| applicant on 31.07.2014 on 14.30 hours by the | |
| father of the deceased namely Mohd. Arman, under | |
| section 498A, 304B I.P.C. and 3/4 The Dowry | |
| Prohibition Act on the basis of wrong facts, the | |
| incident took place on 26.07.2014. The photocopy | |
| of the first information report dated 31.07.2014 | |
| is being annexed as Annexure No. 01 to this | |
| application. | |
| That the informant stated in the first | |
| 4. | |
| information report, the marriage of daughter of | |
| informant namely Shaziya Bano was solemnized with | |
| applicant on 23.02.2014 in group marriage in | |
| District – Pratapgarh without dowry. Just after | |
| marriage, the applicant and his family member was | |
| demanding dowry and when the demand of the | |
| applicant and his family member has not fulfilled | |
| in result of that they brutally murdered his | |
| daughter. | |
| That some spot witnesses namely Ayodhya Prasad | |
| 5. | |
| Maurya and others given statement before the | |
| investigating officer as on 26.07.2014 near about | |
| 3.00 PM deceased quarreled with the applicant for | |
| leaving the family member of the applicant and | |
| wants to settle with the applicant in Mumbai, | |
| where the applicant residing for the livelihood | |
| of his family. Just after quarrel the deceased | |
| enter her room and locked from inside. When the | |
| deceased raised alarm for saving her life then | |
| the applicant and some other villagers tried to | |
| open the door but door was locked from inside. | |
| Thereafter the applicant enters the room from the | |
| back side of the home by using stair and opens | |
| the door from inside, where the deceased was | |
| burning and the applicant brought the deceased | |
| hospital for medication. The type copy of the | |
| statements of spot witnesses of the case is being | |
| annexed collectively as Annexure No. 02 to this | |
| application. | |
| That after opening the door the applicant called | |
| 6. | |
| the Ambulance by the helpline No. 108 and brings | |
| the deceased with family members to SRN Hospital, | |
| Allahabad for treatment and admitted in hospital | |
| at 07.25 PM. The photocopy of the hospital | |
| admission slip dated 27.07.2014 is being annexed | |
| as Annexure No. 03 to this application. | |
| That the inquest report was prepared by the | |
| 7. | |
| concerned police on 27.07.2014 before the | |
| presence of ACM, Sushila at SRN Hospital, | |
| Mortuary, Allahabad and the Panchat are as under: | |
| 1. Mohd. Arman son of Mohd. Nasir resident of | |
| Pateullapur, Police Station – Manikpur, | |
| District – Pratapgarh, | |
| 2. Mohd. Murtaza son of Mustafa resident of | |
| Gaura, Police Station – Sorawan, District- | |
| Allahabad, | |
| 3. Mohd. Junaid son of Mohd. Arman resident of | |
| Pateullapur, Police Station – Manikpur, | |
| District – Pratapgarh | |
| 4. Aasheen son of Mohd. Safiq resident of Village | |
| – Lawana, Police Station - Nawabganj, District | |
| – Pratapgarh | |
| 5. Mohd. Islam son of Ali Hasan resident of | |
| Varista, Police Station – Jethwara, District – | |
| Pratapgarh | |
| The type copy of the inquest report dated | |
| 27.07.2014 prepared by the investigating officer | |
| is being annexed as Annexure No. 04 to this | |
| application. | |
| That the post mortem was done on body of the | |
| 8. | |
| deceased on 27.07.2014 in MLN, Hospital, | |
| Allahabad at 4.00 PM. The photocopy of the post | |
| mortem report dated 27.07.2014 is being annexed | |
| as Annexure No. 05 to this application. | |
| That the statement of the informant has been | |
| 9. | |
| recorded by the investigating officer on | |
| 31.07.2014 wherein the informant repeated the | |
| version of his first information report. The type | |
| copy of the statement of informant dated | |
| 31.07.2014 is being annexed as Annexure No. 06 to | |
| this application. | |
| That the applicant belongs to very poor family | |
| 10. | |
| and has bearing Antyoday Ration Card but the | |
| informant alleged the applicant and his family | |
| demanded one Motorcycle and Rs. 1,00,000/- same | |
| is unbelievable. The photocopy of the Antyoday | |
| Ration Card is being annexed as Annexure No. 07 | |
| to this application. | |
| That charge sheet filed by the investigation | |
| 11. | |
| officer on 06.11.2014 against only applicant | |
| including under section 498A, 304B I.P.C. and 3/4 | |
| The Dowry Prohibition Act. | |
| That the applicant has been arrested by the | |
| 12. | |
| police on 20.08.2014 and moved the bail | |
| application before the court concerned and his | |
| bail application has been rejected by the court | |
| concerned on 31.01.2015. The copy of the order | |
| dated 31.01.2015 passed by court concerned is | |
| being annexed as Annexure No. 08 to this | |
| application. | |
| That the applicant in jail since 20.08.2014 and | |
| 13. | |
| has no criminal history. | |
| That investigating officer has not found any | |
| 14. | |
| evidence against the other accused on the basis | |
| of statements of the spot witnesses. | |
| That the applicant was living in Mumbai for the | |
| 15. | |
| survival/livelihood of his family members but the | |
| deceased always pressurized him to bring her to | |
| Mumbai and the deceased was always quarreled for | |
| this issue with the applicant but the economic | |
| status of the applicant has not allowed bringing | |
| the deceased to Mumbai. | |
| That on date of incident i.e. 26.07.2014, the | |
| 16. | |
| deceased was start quarreling with applicant near | |
| about 01.00 PM and suddenly about 03.00 PM she | |
| run away in room and locked from inside and | |
| committed suicide. | |
| That on basis of said issue the deceased | |
| 17. | |
| committed suicide and nothing was done by the | |
| applicant as alleged by the informant and proved | |
| the concerned police. | |
| That the applicant has no issue with the deceased | |
| 18. | |
| in his life and both are very happy except above | |
| mentioned but the informant has lodged first | |
| information report on the wrong facts. | |
| That there is no any evidence found by the | |
| 19. | |
| investigating officer in regard of demand of the | |
| dowry. After suicide of the deceased the | |
| informant cooked this story overnight. | |
| That the applicant is innocent and due to take | |
| 20. | |
| revenge with informant falsely implicated in the | |
| aforesaid case crime. | |
| That there is no any evidence against the | |
| 21. | |
| applicant to connect him with the aforesaid case | |
| crime and the only evidence against the applicant | |
| in regard of alleged offence is only false story | |
| and baseless ground, which was by the informant | |
| and the police. | |
| That since the applicant has not committed any | |
| 22. | |
| offence as alleged but he has been falsely | |
| implicated in the case by the informant in | |
| malafide intention. | |
| That no any involvement in the said case as | |
| 23. | |
| alleged in first information report, the | |
| applicant has no reason to murder the deceased. | |
| That a false story cooked up by the concerned | |
| 24. | |
| police and informant as the applicant committing | |
| the aforesaid case crime. | |
| That the applicant has no motive to commit the | |
| 25. | |
| alleged crime and false motive, for the money, | |
| has been fabricated by the concerned police. | |
| That the applicant has no criminal history except | |
| 26. | |
| the aforesaid false case and not likely to hope | |
| in future to commit any offence. | |
| That there is no chance of the applicant | |
| 27. | |
| absconding or tempering with the prosecution | |
| witnesses. | |
| That the applicant is ready to furnished the | |
| 28. | |
| 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 | |
| 29. | |
| and necessary in the interest of justice that the | |
| applicant be enlarged on bail during pendency of | |
| case. | |
| Lucknow | |
| Date : 2015 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 | |
| Dated: 2015 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 Prabhat Kumar Mishra, Advocate, High | |
| Court, Lucknow, Bench, Lucknow. Enrollment No. 8078 of | |
| 2011, resident Nigohan, Lucknow. Mobile No. 8004776600 | |
| 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 | |
| Criminal Misc. Case No. (B)of 2015 | |
| Aashin …...Applicant | |
| (In Jail from 20.08.2014) | |
| Versus | |
| State of Uttar Pradesh ....Opposite Party | |
| INDEX | |
| Sr.No | |
| Particulars Page No. | |
| Application for bail under section | |
| 439 Cr.P.C. | |
| 1. | |
| Affidavit in support of | |
| 2. | |
| application | |
| Annexure No. 1 | |
| 3. | |
| The photocopy of the first | |
| information report dated | |
| 31.07.2014 | |
| Annexure No. 2 | |
| 4. | |
| The type copy of the statement of | |
| spot witness of the case dated | |
| 31.07.2014 | |
| Annexure No. 3 | |
| 5. | |
| The photocopy of the hospital | |
| admission slip dated 27.07.2014 | |
| Annexure No. 4 | |
| 6. | |
| The type copy of the inquest | |
| report dated 27.07.2014 prepared | |
| by the investigating officer | |
| Annexure No. 5 | |
| 7. | |
| The photocopy of the post mortem | |
| report dated 27.07.2014 | |
| Annexure No. 6 | |
| 8. | |
| The type copy of the statement of | |
| informant dated 31.07.2014 | |
| Annexure No. 7 | |
| 9. | |
| The photocopy of the Antyoday | |
| Ration Card | |
| Annexure No. 8 | |
| 10. | |
| The copy of the order dated | |
| 31.01.2015 passed by court | |
| concerned | |
| Vakalatnama/Power | |
| 11. | |
| Lucknow (Dr. Gyan Singh) | |
| Advocate | |
| Dated : .2015 Counsel for the applicant | |