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