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Prompt: |
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Generate a Bail Application involving the following key legal details: |
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- CASE: Crime No. 49 of 2021 |
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- DISTRICT: Pratapgarh |
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- BAIL APPLICATION: Not available |
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Output: |
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IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD |
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LUCKNOW BENCH, LUCKNOW |
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Crl. Misc. Case No. (B) Of 2021 |
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Sudhakar Singh …..Applicant |
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Versus |
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State of Uttar Pradesh ....Opposite Party |
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INDEX |
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Sr.N |
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o |
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Particulars Page |
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No. |
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Application for anticipatory bail |
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under section 438 Cr.P.C. |
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1. |
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Affidavit in support of application |
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2. |
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Annexure No. 1 |
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3. |
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The photocopy of the order dated |
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15.07.2021 passed by this Session |
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Judge, Pratapgarh |
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Annexure No. 2 |
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4. |
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The photo/typed copy of the First |
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Information Report dated 02.04.2021 |
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Annexure No. 3 |
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5. |
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The typed copy of the statements of |
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arrested accused |
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Annexure No. 4 |
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6. |
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The photo/type copy of the |
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certificate issued by the railway |
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authority on 15.04.2021 |
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Annexure No. 5 |
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7. |
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The photocopies of the fee receipts |
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of the applicant’s children |
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Annexure No. 6 |
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8. |
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The photocopies of the certificates |
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related to the volleyball |
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Annexure No. 7 |
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9. |
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The typed of the remand application |
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moved by the concerned police on |
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14.04.2021 |
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Annexure No. 8 |
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10. |
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The photocopies of the bail orders |
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passed by the court concerned in said |
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case crime |
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Annexure No. 9 |
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11. |
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The photo/ typed copy of the forged |
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and fabricated recovery memo dated |
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02.04.2021 prepared by the concerned |
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police |
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Annexure No. 10 |
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12. |
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The photocopies of the bail order and |
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other related documents |
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Annexure No. 11 |
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13. |
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The photocopies of the bail order |
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accused of the case crime passed by |
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this Hon'ble High Court and court |
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below |
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Annexure No. 11 |
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14. |
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The photocopy of the order dated |
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28.07.2021 passed by this Hon'ble |
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High Court |
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ID proof of the deponent |
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15. |
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Power |
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16. |
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Lucknow (Pradeep Kumar Singh “Bisen”) |
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Advocate |
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Dated : .08.2021 Counsel for the applicant |
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Mobile No. 9415288732 |
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AoR No. B/P0262 |
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IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD |
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LUCKNOW BENCH, LUCKNOW |
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Crl. Misc. Case No. (B) Of 2021 |
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Sudhakar Singh aged about 38 years son of Shri Kunj |
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Bihari Singh resident of Village – Purmai Sultanpur, |
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Police Station – Maheshganj, District – Pratapgarh |
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presently residing at House No. 20/71, Sector – 20, |
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Indira Nagar, Lucknow |
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....Applicant |
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Versus |
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State of Uttar Pradesh .....Opposite Party |
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Case Crime No. 49 of 2021 |
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U/s 420, 467, 468, 471, 272, 273 of I.P.C., |
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60(2), 60A, 63 of U.P. Excise Act, 1910, |
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63A of Copyright Act, 1957 |
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and 103, 104 of The Trade and |
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Merchandise Marks Act, 1958 |
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Police Station – Hathigawan |
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District – Pratapgarh |
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Anticipatory Bail Application |
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No. 1300 of 2021 has been rejected by |
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Sessions Judge, Pratapgarh on 15.07.2021 |
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APPLICATION FOR ANTICIPATORY BAIL |
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UNDER SECTION 438 Cr. P.C. |
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The applicant most respectfully submits as under:- |
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For the facts and reasons mentioned in accompanying |
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affidavit, it is most respectfully prayed that this |
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Hon’ble Court may kindly be pleased to grant the |
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anticipatory bail to the applicant in connection with |
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Case Crime No. 49 of 2021 under Sections 420, 467, 468, |
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471, 272, 273 of I.P.C., 60(2), 60A, 63 of U.P. Excise |
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Act, 1910, 63A of Copyright Act, 1957 and 103, 104 of |
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The Trade and Merchandise Marks Act, 1958 at Police |
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Station – Hathigawan, District – Pratapgarh, in the |
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interest of Justice. |
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Lucknow (Pradeep Kumar Singh “Bisen”) |
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Advocate |
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Dated : .08.2021 Counsel for the applicant |
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Case Crime No. 49 of 2021 |
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U/s 420, 467, 468, 471, 272, 273 of I.P.C., |
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60(2), 60A, 63 of U.P. Excise Act, 1910, |
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63A of Copyright Act, 1957 |
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and 103, 104 of The Trade and |
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Merchandise Marks Act, 1958 |
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Police Station – Hathigawan |
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District – Pratapgarh |
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Anticipatory Bail Application |
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No. 1300 of 2021 has been rejected by |
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Sessions Judge, Pratapgarh on 15.07.2021 |
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IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD |
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LUCKNOW BENCH, LUCKNOW |
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Crl. Misc. Case No. (B) Of 2021 |
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Sudhakar Singh |
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…..Applicant |
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Versus |
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State of Uttar Pradesh |
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....Opposite Parties |
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AFFIDAVIT |
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(In support of bail application) |
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I, Sudhakar Singh aged about 38 years son of Shri |
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Kunj Bihari Singh resident of Village – Purmai |
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Sultanpur, Police Station – Maheshganj, District – |
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Pratapgarh presently residing at House No. 20/71, |
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Sector – 20, Indira Nagar, Lucknow, Religion – Hindu, |
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Occupation – Government Servant, Education – |
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Intermediate do hereby solemnly affirm and states on |
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oath as under :- |
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That the deponent is the applicant himself in |
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1. |
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aforesaid application and as such he is fully |
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conversant with the facts of the case, deposed to |
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hereunder. The photo verification slip issued by |
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the Awadh Bar Association, Lucknow of the deponent |
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is affixed on the affidavit and his ID proof is |
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enclosed with the affidavit. |
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That the concerned police is intended to arrest to |
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2. |
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the applicant with connection to the First |
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Information Report dated 02.04.2021 lodged by the |
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informant namely Shri Doodhnath Singh Yadav, |
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Station House Officer against the applicant and 2 |
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other persons as Case Crime No. 49 of 2021 under |
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Sections 420, 467, 468, 471, 272, 273 of I.P.C., |
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60(2), 60A, 63 of U.P. Excise Act, 1910, 63A of |
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Copyright Act, 1957 and 103, 104 of The Trade and |
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Merchandise Marks Act, 1958 at Police Station – |
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Hathigawan, District – Pratapgarh. |
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That the applicant, further declared that the |
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3. |
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first information report lodged by informant under |
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Sections 420, 467, 468, 471, 272, 273 of I.P.C., |
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60(2), 60A, 63 of U.P. Excise Act, 1910, 63A of |
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Copyright Act, 1957 and 103, 104 of The Trade and |
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Merchandise Marks Act, 1958 at Police Station – |
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Hathigawan, District – Pratapgarh which is not |
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fallen under Section 438(6) of Cr.P.C.. |
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That this is the First anticipatory bail |
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4. |
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application before this Hon'ble Court, which is |
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being filed under Section 438 of Cr.P.C., before |
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this Hon'ble High Court and no any other |
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anticipatory bail is being before this Hon'ble |
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High Court or at Allahabad or before any other |
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High Court in India, pertaining to the same |
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subject matter. |
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That the applicant has moved anticipatory bail |
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5. |
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application bearing No. 1300 of 2021 filed before |
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the Session Judge, Pratapgarh by the applicant has |
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been rejected vide order dated 15.07.2021 passed |
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by the court concerned. No other any anticipatory |
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bail application pending before this Hon'ble High |
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Court or rejected by this Hon'ble High Court. The |
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photocopy of the order dated 15.07.2021 passed by |
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this Session Judge, Pratapgarh is being annexed |
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herewith as Annexure No. 01 to this application. |
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That the First Information Report dated 02.04.2021 |
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6. |
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lodged by the informant as Case Crime No. 49 of |
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2021 under Sections 420, 467, 468, 471, 272, 273 |
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of I.P.C., 60(2), 63 of U.P. Excise Act, 1910, 63A |
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of Copyright Act, 1957 and 103, 104 of The Trade |
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and Merchandise Marks Act, 1958 at Police Station |
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– Hathigawan, District – Pratapgarh. The |
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photo/typed copy of the First Information Report |
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dated 02.04.2021 is being annexed herewith as |
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Annexure No. 02 to this affidavit. |
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That the informant lodged a first information |
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7. |
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report against the several known and unknown |
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persons on 02.04.2021 about 12.23 hours and stated |
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the informant and his team (other police |
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personnel) got information with regard to huge |
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adulterated liquor and manufacturing items which |
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were stored in house of the Shivmurti resident of |
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Village - Mohaddinagar. |
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That the raid has been conducted by the informant |
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8. |
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along with his team on 02.04.2021 and arrested 7 |
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accused from the spot and also seized lot of |
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adulterated liquor. |
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That it is further relevant to mention that the |
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9. |
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applicant was not named in the first information |
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report, his name comes light in statements of some |
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arrested accused persons, who were arrested at |
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time of raid. The typed copy of the statements of |
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arrested accused is being annexed herewith as |
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Annexure No. 03 to this affidavit. |
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That the raid has been conducted by the informant |
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10. |
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alongwith his team on 02.04.2021 at alleged place |
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of occurrence and seized lot of adulterated liquor |
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and no anyone arrested by the concerned police at |
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the time raid. |
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That the real fact of the incident is that the |
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11. |
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applicant has been falsely implicated in the case |
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crime due to political enmity. The applicant is |
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been implicate under the case crime in influence |
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of one active member of the ruling party. |
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That the informant falsely implicates the |
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12. |
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applicant, in the said crime for ulterior motive, |
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which is baseless and illegal as the applicant is |
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not involved in any criminal activity as alleged |
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against him. |
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That the informant falsely implicates the |
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13. |
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applicant, in the said crime, due to their own |
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persons reasons, which is baseless and illegal due |
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to ulterior motive. |
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That nothing has been recovered in the regard of |
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14. |
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adulterated liquor from the applicant’s possession |
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and place in any manner by the informant. |
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That the applicant has no concerned with the |
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15. |
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recovered liquor from the alleged place by the |
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informant. |
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That it is further relevant to mention here that |
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16. |
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neither any other evidence against the applicant |
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nor there is hope to found by the investigation |
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officer as nothing has been done by the applicant. |
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That the applicant is innocent and belongs to a |
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17. |
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respected family and has good reputation being |
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national player of volleyball. |
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That the applicant is presently serving to the |
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18. |
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Central Government and is posted as Point-man, at |
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Northern Railways, District – Sultanpur. The |
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photo/type copy of the certificate issued by the |
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railway authority on 15.04.2021 is being annexed |
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herewith as Annexure No. 04 to this application. |
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That the applicant had shifted to Lucknow along |
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19. |
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with his family since long back and he rarely |
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visits his village. |
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That the children of the applicant are studying in |
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20. |
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class VIII & III City Montessori School, Indira |
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Nagar, Lucknow. The photocopies of the fee |
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receipts of the applicant’s children are being |
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annexed herewith as Annexure No. 05 to this |
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application. |
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That the applicant was National Player of |
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21. |
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Volleyball and won several awards and lastly he |
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was participated in 31st National Games, Punjab – |
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2001, in which he secured Silver Medal. The |
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photocopies of the certificates related to the |
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volleyball are being annexed herewith as Annexure |
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No. 06 to this application. |
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That the entire case has been made and based |
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22. |
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against the applicant only on information of the |
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police informer, which is not reliable as nothing |
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is supported to prosecution story. |
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That during the investigation, the investigating |
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23. |
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officer added the Section 60A of U.P. Excise Act, |
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in the case crime. |
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That the Tanki test of alleged adulterated liquor |
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24. |
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has not been conducted by the Excise Officer |
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concerned and even prior to information regarding |
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said liquor, while the Excise Inspector was |
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present at time of alleged raid, even the |
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informant and Excise Inspector were themselves not |
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assured that the recovered liquor is adulterated. |
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That on bare perusal of the first information |
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25. |
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report, it is also evident that there were no |
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independent witnesses of raid conducted by the |
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informant, which also creates doubts upon the |
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story of the informant, which itself concocted and |
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false. |
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That it is further relevant to mention here that |
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26. |
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on bare perusal of the first information report it |
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is clear that the first information report has |
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been lodged on 02.04.2021 at 12.23 hours while in |
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the 7th to 9th line of the contents of the first |
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information mentioned that the informant leaved |
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the police station vide GD entry No. 21 dated |
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02.04.2021 at 20.48 hours. In this situation it is |
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clear that the informant has lied in recovery |
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memo, on which basis the first information report |
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has been lodged. |
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That the first information report lodged prior to |
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27. |
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the raid and preparation of the recovery memo, on |
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basis which the first information report lodged by |
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the informant. |
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That initially the first information report has |
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28. |
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been lodged under Sections 420, 467, 468, 471, |
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272, 273 of I.P.C., 60(2), 63 of U.P. Excise Act, |
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1910, 63A of Copyright Act, 1957 and 103, 104 of |
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The Trade and Merchandise Marks Act, 1958 on |
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02.04.2021 and after moving the bail application |
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before the court below by other accused, in |
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aforesaid Sections thereafter the concerned police |
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added the Section 60A of U.P. Excise Act, 1910 and |
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moved the application for taking the remand of the |
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applicants and other accused on 14.04.2021. The |
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typed of the remand application moved by the |
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concerned police on 14.04.2021 is being annexed |
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herewith as Annexure No. 07 to this Affidavit. |
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That at time of alleged raid and preparation of |
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29. |
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recovery and arresting of the memo, the signatures |
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of the all arrested accused have not taken on the |
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recovery memo, on basis of that ground four other |
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accused have been released on bail by the court |
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below. The photocopies of the bail orders passed |
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by the court concerned in said case crime are |
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being annexed herewith as Annexure No. 08 to this |
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Affidavit. |
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That the court concerned specifically stated in |
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30. |
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“tekur ds fcUnq ij |
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its orders that |
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vkosfndk@vfHk;qDrk ds fo)ku vf/koDrk ,oa ftyk |
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“kkldh; vf/koDrk QkStnkjh dks lquus rFkk miyC/k |
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izi=ksa ds lE;d :is.k ifj”khyuksijkUr fofnr gksrk gS fd |
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QnZ cjkenxh esa fdlh Hkh vfHk;qDrksa ds gLrk{kj |
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ugha gS] fof/k foKku iz;ksx”kkyk ls vis;dj ds ckor |
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dksbZ fjiksVZ vHkh rd izkIr ugha gS rFkk dksbZ |
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rfLdjk lh0Mh0 esa vaafdr ugha gSA” |
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That when the four accused have been released on |
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31. |
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bail on said ground thereafter the concerned |
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police prepared fake, fabricated and duplicate |
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recovery memo dated 02.04.2021 and also took the |
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signatures of the accused persons from jail. The |
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photo/ typed copy of the forged and fabricated |
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recovery memo dated 02.04.2021 prepared by the |
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concerned police is being annexed herewith as |
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Annexure No. 09 to this Affidavit. |
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That in forged and fabricated recovery memo an |
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32. |
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endorsement has been made by the concerned police |
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personnel mentioning that “QnZ ds vk/kkj ij |
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eq0v0la0 49@21 /kkjk 420] 467] 468] 471] 272] 273 |
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vkbZ0ih0lh0 60¼2½] 63] 60¼,½] 103@104 O;kikj ,oa |
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i.; oLrq fpUg vf/k0 iaft0 djk;k x;kA” The concerned |
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police person has signed on said forged recovery |
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memo and mentioned date 02.04.2021. |
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That initially the first information report lodged |
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33. |
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on the basis of the recovery memo under Sections |
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420, 467, 468, 471, 272, 273 of I.P.C., 60(2), 63 |
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of U.P. Excise Act, 1910, 63A of Copyright Act, |
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1957 and 103, 104 of The Trade and Merchandise |
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Marks Act, 1958 on 02.04.2021 but during |
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preparation of the forged and fabricated recovery |
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memo, it has been mentioned that the on basis of |
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the recovery memo Case Crime No. 49 of 2021 under |
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Sections 420, 467, 468, 471, 272, 273 of I.P.C., |
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60A, 60(2), 63 of U.P. Excise Act, 1910, 63A of |
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Copyright Act, 1957 and 103, 104 of The Trade and |
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Merchandise Marks Act, 1958. |
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That in view of aforesaid mentioned facts it is |
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34. |
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crystal clear that the concerned police is |
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manipulating/ creating the evidences against the |
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accused of the case crimes including the |
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applicants by preparation of the forged and |
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fabricated papers to prove guilty of the applicant |
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before the trial court. |
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That till date there is no any chemical report |
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35. |
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stating that the recovered liquor was obnoxious or |
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spurious for human consumption. |
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That the applicant is falsely implicated in |
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36. |
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several cases lodged against the applicant, which |
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the applicant has not committed any offense. The |
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details of the case, which are lodged against the |
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applicant, as per best knowledge of the applicant |
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are as under: |
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Case Crime No. 49 of 2021 under Sections 420, |
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i. |
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467, 468, 471, 272, 273 of I.P.C., 60(2), 63 of |
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U.P. Excise Act, 1910, 63A of Copyright Act, |
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1957 and 103, 104 of The Trade and Merchandise |
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Marks Act, 1958 registered at Police Station – |
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Hathigawan, District – Pratapgarh, this is the |
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present case, in which the applicant is being |
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filing the anticipatory bail before this |
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Hon'ble High Court. |
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Case Crime No. 50 of 2021 under Sections 420, |
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ii. |
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467, 468, 471, 272, 273 of I.P.C., 60(2), 60A, |
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63 of U.P. Excise Act, 1910, 63A of Copyright |
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Act, 1957 and 103, 104 of The Trade and |
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Merchandise Marks Act, 1958 registered at |
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Police Station – Hathigawan, District – |
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Pratapgarh. |
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iii.Case Crime No. 124 of 2021 under Sections 420, |
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467, 468, 471, 272, 273 of I.P.C., 60A, 60 of |
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U.P. Excise Act, 1910, 63, 63A of Copyright |
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Act, 1957 and 103, 104 of The Trade and |
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Merchandise Marks Act, 1958 at Police Station – |
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kunda, District – Pratapgarh. |
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Case Crime No. 125 of 2021 under Sections 420, |
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iv. |
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467, 468, 471, 272, 273 of I.P.C., 60A, 60 of |
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U.P. Excise Act, 1910, 63, 63A of Copyright |
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Act, 1957 and 103, 104 of The Trade and |
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Merchandise Marks Act, 1958 at Police Station – |
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Kunda, District – Pratapgarh. |
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Case Crime No. 48 of 2021 under section 420, |
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v. |
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467, 468, 471, 272, 273 of I.P.C., 60, 63 of |
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U.P. Excise Act, Police Station: Hathigawan |
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District: Pratapgarh. The applicant name was |
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not named in the First information Report his |
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name was added by the investigation officer |
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during the investigation. |
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Case Crime No. 121 of 2021 under Sections 3/25 |
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vi. |
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Arms Act registered at Police Station – |
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Maheshganj, District – Pratapgarh. |
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That the aforesaid 6 cases are recently lodged |
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under the political pressure of the local |
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politician. The applicant moved the |
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anticipatory bail application in court below, |
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in case mentioned at serial No. (i) to (iv), |
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which are rejected by the court concerned |
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except mentioned at serial No. (ii). |
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vii.Case Crime No. 15 of 2016 under Sections 420, |
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467, 468, 471, 272, 273 of I.P.C., registered |
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at Police Station – Maheshganj, District – |
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Pratapgarh, in which the investigation is going |
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on. |
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Case Crime No. 517 of 2016 under Sections |
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viii. |
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420, 467, 468, 471, 272, 273 of I.P.C., 60, 63 |
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of U.P. Excise Act, 1910, 63 of Copyright Act, |
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1957 registered at Police Station – Mil Area, |
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District – Raebareli, in which the applicant |
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released on bail. |
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Case Crime No. 17 of 2016 under Section 135 The |
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ix. |
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Electricity Act registered at Police Station – |
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Maheshganj, District – Pratapgarh, in which the |
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applicant has paid the bill but the concerned |
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police in malafide manner submitted the charge |
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sheet against the applicant. |
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Case Crime No. 178 of 2014 under Sections 420, |
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x. |
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|
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467, 468, 471, 272, 273, 427 of I.P.C., 60, 63 |
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of U.P. Excise Act, 1910, 3/4 of Copyright Act, |
|
1957 and 103, 104 of The Trade and Merchandise |
|
Marks Act, 1958 registered at Police Station – |
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Maheshganj, District – Pratapgarh, in which the |
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charge sheet has been submitted by concerned |
|
police and the applicant is exonerated from the |
|
said case crime as he was falsely implicated in |
|
case. |
|
Case Crime No. 44 of 2018 under Sections 420, |
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xi. |
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467, 468, 471, 272, 273 of I.P.C., 60, 63 of |
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U.P. Excise Act, 1910 registered at Police |
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Station – Nawabganj, District – Pratapgarh, in |
|
which the charge sheet has been submitted by |
|
concerned police and the applicant is |
|
exonerated from the said case crime as he was |
|
falsely implicated in case. |
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xii.Case Crime No. 513 of 2010 under Sections 307, |
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323, 325, 364, 395, 427 of I.P.C. and 7 of |
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Criminal Law Amendment Act registered at Police |
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|
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Station – Kunda, District – Pratapgarh, in |
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which the applicant is released on bail by this |
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Hon'ble High Court. |
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The photocopies of the bail order and other |
|
related documents are being annexed herewith as |
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Annexure No. 10 to this application. |
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That in the similar case crime, this Hon'ble High |
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37. |
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Court granted the accused Diwakar Singh, Shubam |
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Singh and Bharat Lal Yadav and 4 other accused |
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have been granted on bail by the court below |
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namely Manju Devi, Gyan Devi, Roli and Rati Devi. |
|
The photocopies of the bail order accused of the |
|
case crime passed by this Hon'ble High Court and |
|
court below is being annexed herewith as Annexure |
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No. 11 to this affidavit. |
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That in similar sections this Hon'ble High Court |
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38. |
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|
|
granted anticipatory bail to applicant of the |
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Anticipatory Bail No. 6690 of 2021 (Ramesh Kumar |
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alias Ramesh Chandra Vs State of U.P. and another) |
|
vide order dated 28.07.2021. The photocopy of the |
|
order dated 28.07.2021 passed by this Hon'ble High |
|
Court is being annexed herewith as Annexure No. 12 |
|
to this application. |
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That if the applicant will arrested, the applicant |
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39. |
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will suffer irreparable loss and injury as the |
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applicant has not committed any offence. |
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That there is no chance of the applicant |
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40. |
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absconding or tempering with the prosecution |
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witnesses. |
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That the applicant is ready to furnished the |
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41. |
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security and bond and also undertake that he will |
|
be never misused liberty of anticipatory bail. |
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That in view of the above, it would be expedient |
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42. |
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|
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and necessary in the interest of justice that the |
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applicant be enlarged on anticipatory bail in |
|
connection with Case Crime No. 49 of 2021 under |
|
Sections 420, 467, 468, 471, 272, 273 of I.P.C., |
|
60(2), 60A, 63 of U.P. Excise Act, 1910, 63A of |
|
Copyright Act, 1957 and 103, 104 of The Trade and |
|
Merchandise Marks Act, 1958 at Police Station – |
|
Hathigawan, District – Pratapgarh, in the interest |
|
of Justice, during pendency of case. |
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Lucknow |
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Date: .08.2021 Deponent |
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VERIFICATION |
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I, the deponent, do hereby verify that the |
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contents of para 1 to of this affidavit are |
|
true to my personal knowledge. No part of its is false |
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and nothing material has been concealed. So, help me |
|
“GOD”. |
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Lucknow |
|
Date : .08.2021 Deponent |
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I, identify the deponent and do hereby declare that |
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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 |
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per identity shown by him. |
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Advocate |
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Solemnly affirmed before me on |
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at A.M./P.M. by the deponent, named above, |
|
who has been identified by Sri P. K. Singh “Bisen”, |
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Advocate, High Court, Lucknow, Bench, Lucknow. |
|
Enrolment No. 2933/2003 resident of “Narsinghpur |
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House”, 25 Preet Vihar Colony, Raiberelly Road, |
|
Lucknow. |
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I, have satisfied myself by examining the deponent |
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|
|
that he understands the contents of this affidavit, |
|
which have been read over and explained by me. |
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OATH |
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COMMISSIONER |
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IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD |
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LUCKNOW BENCH, LUCKNOW |
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Crl. Misc. Case No. (B) Of 2021 |
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Sudhakar Singh |
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…..Applicant |
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Versus |
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State of Uttar Pradesh |
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....Opposite Party |
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Annexure No. |
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