| Prompt: | |
| Generate a Bail Application involving the following key legal details: | |
| - CASE: Crime No. 35 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. Anticipatory Bail No. Of 2021 | |
| Sunil Kumar Saroj alias Monu | |
| …..Applicant | |
| Versus | |
| State of Uttar Pradesh ....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 The certified copy of | |
| 3. | |
| the order dated 15.11.2021 passed by | |
| this Session Judge, Pratapgarh | |
| Annexure No. 2 The certified/typed | |
| 4. | |
| copy of the FIR dated 05.02.2021 | |
| Annexure No. 3The photo/typed copy of | |
| 5. | |
| the medical of the brother of the | |
| informant | |
| Annexure No. 4The typed copy of the | |
| 6. | |
| CD-1 dated 05.02.2021 | |
| Annexure No. 5The photocopy of the | |
| 7. | |
| representation moved by the deponent | |
| before the Chairman of S.C. & S. C. | |
| Commission, U.P. | |
| Annexure No. 6The photocopy of the | |
| 8. | |
| order dated 12.11.2021 passed by this | |
| Hon'ble High Court | |
| Annexure No. 7 The photocopy of the | |
| 9. | |
| bail order passed by the court below | |
| Annexure No. 8 The photocopies of the | |
| 10. | |
| bail orders passed by the court | |
| concerned in favour of the applicant | |
| Annexure No. 9 The photocopy of the | |
| 11. | |
| marriage card of the applicant’s | |
| brother | |
| ID proof of the deponent | |
| 12. | |
| Power | |
| 13. | |
| Lucknow (Pradeep Kumar Singh “Bisen”) | |
| Advocate | |
| Dated : 20.11.2021 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. Anticipatory Bail No. Of 2021 | |
| Sunil Kumar Saroj alias Monu aged about 35 years son of | |
| Shri Keshav Lal resident of Village – Trilokpur, Police | |
| Station – Baghrai, District – Pratapgarh | |
| ....Applicant | |
| Versus | |
| State of Uttar Pradesh .....Opposite Party | |
| Case Crime No. 35 of 2021 | |
| U/s 147, 148, 149, 341, 504, | |
| 506, 323, 307, 325 of I.P.C. | |
| Police Station – Baghrai | |
| District – Pratapgarh | |
| Anticipatory Bail Application | |
| No. 2554 of 2021 has been rejected by | |
| Sessions Judge, Pratapgarh on 15.11.2021 | |
| 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. 35 of 2021 under Sections 147, 148, 149, | |
| 341, 504, 506, 323, 307, 325 of I.P.C. at Police | |
| Station – Baghrai, District – Pratapgarh, in the | |
| interest of Justice. | |
| Lucknow (Pradeep Kumar Singh “Bisen”) | |
| Advocate | |
| Dated :20.11.2021 Counsel for the applicant | |
| Case Crime No. 35 of 2021 | |
| U/s 147, 148, 149, 341, 504, | |
| 506, 323, 307, 325 of I.P.C. | |
| Police Station – Baghrai | |
| District – Pratapgarh | |
| Anticipatory Bail Application | |
| No. 2554 of 2021 has been rejected by | |
| Sessions Judge, Pratapgarh on 15.11.2021 | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD | |
| LUCKNOW BENCH, LUCKNOW | |
| Crl. Misc. Anticipatory Bail No. Of 2021 | |
| Sunil Kumar Saroj alias Monu | |
| …..Applicant | |
| Versus | |
| State of Uttar Pradesh ....Opposite Party | |
| AFFIDAVIT | |
| (In support of anticipatory bail application) | |
| I, Sunil Kumar Saroj aged about 35 years son of Shri | |
| Keshav Lal resident of Village – Trilokpur, Police | |
| Station – Baghrai, District – Pratapgarh, Religion – | |
| Hindu, Occupation – Agriculture, Education – | |
| Intermediate, do hereby solemnly affirm and states on | |
| oath as under :- | |
| That the deponent is the applicant himself in the | |
| 1. | |
| instant applicant 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 05.02.2021 lodged by the | |
| informant namely Mahendra Pratap Singh son of | |
| Mohan Lal Singh (hereinafter referred to as | |
| ‘informant’), against the applicant and 4 other | |
| persons as Case Crime No. 35 of 2021 under | |
| Sections 147, 148, 149, 341, 504, 506, 323, 308 of | |
| I.P.C. at Police Station – Baghrai, District – | |
| Pratapgarh. | |
| That the applicant, further declared that the | |
| 3. | |
| first information report lodged by the informant | |
| under Sections 147, 148, 149, 341, 504, 506, 323, | |
| 308 of I.P.C. 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. 2554 of 2021 filed before | |
| the Session Judge, Pratapgarh by the applicant has | |
| been rejected vide order dated 15.11.2021 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 | |
| certified copy of the order dated 15.11.2021 | |
| passed by this Session Judge, Pratapgarh is being | |
| annexed herewith as Annexure No. 01 to this | |
| application. | |
| That the first information report dated 05.02.2021 | |
| 6. | |
| has been lodged by the informant against the | |
| applicant and 4 other persons bearing Case Crime | |
| No. 35 of 2021 under Sections 147, 148, 149, 341, | |
| 504, 506, 323, 308 of I.P.C. at Police Station – | |
| Baghrai, District – Pratapgarh. The | |
| certified/typed copy of the FIR dated 05.02.2021 | |
| is being annexed herewith as Annexure No. 02 to | |
| this affidavit. | |
| That the case of prosecution story is in nutshell | |
| 7. | |
| that the brother of the informant is presently | |
| Village Pradhan and due to political reasons the | |
| uncle of the applicant having political enmity | |
| with the informant. On 23.01.2021 around 08.00 PM, | |
| when the informant was returning to home alongwith | |
| his brother at that time the applicant alongwith | |
| other accused brutally assaulted upon the | |
| informant and his brother also abused. | |
| That on bare perusal of the medical report, it is | |
| 8. | |
| clear that the brother of the informant has | |
| sustained simple injuries. The photo/typed copy of | |
| the medical of the brother of the informant is | |
| being annexed herewith as Annexure No. 03 to this | |
| application. | |
| That the informant lodged the first information | |
| 9. | |
| report about 13 days delay without giving any | |
| reasonable explanation, which itself creates | |
| doubts upon the prosecution story. | |
| That the name of the applicant is shown at serial | |
| 10. | |
| No. 3 in the accused column in the first | |
| information report dated 05.02.2021. | |
| That there is no concerned with the said | |
| 11. | |
| allegation regarding the incident took place on | |
| 23.01.2021 as alleged by the informant against the | |
| applicant in any manner. | |
| That the informant is belonging to the upper caste | |
| 12. | |
| and his brother was Village Pradhan due to which | |
| they are financially strong persons. | |
| That the family of the applicant is common man of | |
| 13. | |
| society and belonging to the Scheduled Caste | |
| category due to which the informant always | |
| humiliated the family of the applicant. | |
| That the informant having enmity with the father | |
| 14. | |
| and uncle of the applicant due to political | |
| reasons and after declaration of the village | |
| panchayat election, the village Pradhan seat has | |
| been reserved for the OBC category as such the | |
| applicant’s family decided to support a OBC | |
| village pradhan candidate while the informant and | |
| his brother wanted to support their candidate. | |
| That the applicant’s father and uncle denied for | |
| 15. | |
| same due to which they become annoyed and | |
| threatened to the applicant’s uncle and father to | |
| face the consequences of the same. | |
| That for building the pressure upon the | |
| 16. | |
| applicant’s father and uncle, on 23.01.2021 around | |
| 07.30 PM, the informant and other persons have | |
| stooped the brother of the applicant and assaulted | |
| him, in which the applicant sustained several | |
| injuries. | |
| That the applicant tried his best lodged a first | |
| 17. | |
| information report but same has not been lodged as | |
| the informant has good political approach. | |
| That the informant for his safeguard lodged the | |
| 18. | |
| first information report dated 05.02.2021 against | |
| the applicant and his family members. | |
| That after lodging the first information report on | |
| 19. | |
| 05.02.2021, the concerned police also lodged the | |
| first information report of the applicant on | |
| 08.02.2021 bearing Case Crime No. 38 of 2021 under | |
| Sections 323, 504, 506 of I.P.C. and 3(1) Da, 3 | |
| (1) Dha & 3(2) Va of S.C. & S. T. Act at Police | |
| Station – Baghrai, District – Pratapgarh. | |
| That the investigation officer of the case gone | |
| 20. | |
| through the injury reports of the injured persons | |
| and mentioned in the CD No. 1 dated 05.02.2021 | |
| that the injuries of the injured persons are in | |
| simple nature. The typed copy of the CD-1 dated | |
| 05.02.2021 is being annexed herewith as Annexure | |
| No. 04 to this application. | |
| That the concerned police recorded the statement | |
| 21. | |
| of the informant on 30.05.2021 alongwith the | |
| injured persons, which have been endorsed in C.D. | |
| No. 5. | |
| That later on the village pradhan election was | |
| 22. | |
| held on 19.04.2021, in which some persons have | |
| broken the ballot box due to which a first | |
| information report bearing Case Crime No. 99 of | |
| 2021, lodged against the unknown person. The | |
| concerned police threaten the applicant that if he | |
| has not paid Rs. 1,50,000/- then he alongwith | |
| family sent to the jail in connection of said | |
| case. | |
| That due to fear and threat of the concerned | |
| 23. | |
| 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 on 23.06.2021, the concerned police entered | |
| 24. | |
| 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 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. C. 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. C. Commission, U.P. is being annexed herewith | |
| as Annexure No. – 05 to this affidavit. | |
| That the informant produced the forged and | |
| 25. | |
| fabricated city scan report of his brother before | |
| the concerned police, who have hand in gloves with | |
| the informant, in which nothing adverse deducted | |
| and injuries are in simple nature despite that the | |
| concerned police added the Sections 307 and 325 of | |
| IPC due to extraneous reasons in the said case | |
| crime. | |
| That the informant falsely implicates the | |
| 26. | |
| applicant, in the said crime, due to his own | |
| personal i.e. political reasons, which is baseless | |
| and illegal due to ulterior motive to ruin the | |
| life of the applicant. | |
| That it is relevant to mention here that neither | |
| 27. | |
| 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 first information report has been lodged | |
| 28. | |
| by the Informant against the applicant on the | |
| basis of wrong facts and the applicant believed | |
| that the concerned police would be arrest the | |
| applicant. | |
| That the brother of applicant namely Sushil Kumar | |
| 29. | |
| Saroj, who is also named in the first information | |
| report, moved the Anticipatory bail application | |
| before this Hon'ble High Court, in which the | |
| interim order has been granted him vide order | |
| dated 12.11.2021. The photocopy of the order dated | |
| 12.11.2021 passed by this Hon'ble High Court is | |
| being annexed herewith as Annexure No. 06 to this | |
| application. | |
| That the three accused of the case crime has been | |
| 30. | |
| granted bail by the court below and till date the | |
| investigation is going on. The photocopy of the | |
| bail order passed by the court below is being | |
| annexed herewith as Annexure No. 07 to this | |
| application. | |
| That apart from the instant case crime, against | |
| 31. | |
| the applicant several cases have been lodged. The | |
| details of the cases lodged against the applicant | |
| are as under: | |
| Case Crime No. 17 of 2015 under Section | |
| i. | |
| 392 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 | |
| ii. | |
| 379, 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. | |
| Case Crime No. NIL of 2015, under Section | |
| iii. | |
| 41, 411 of IPC, registered at Police Station | |
| – Manikpur, District – Pratapgarh, in which | |
| the applicant released on bail by court | |
| concerned. | |
| Case crime No. 25 of 2015 under Sections | |
| iv. | |
| 3/25, Police Station – Manikpur, District – | |
| Pratapgarh in which the applicant released | |
| on bail by court concerned. | |
| Case Crime No. 99 of 2021 under Sections | |
| v. | |
| 147, 148, 352, 453, 332, 427, 188, 171F, | |
| 394, 412 of I.P.C. and 7 of Criminal Law | |
| Amendment Act registered at Police Station – | |
| Baghrai, District – Pratapgarh. The | |
| aforesaid case lodged against the unknown | |
| persons and later on accused named the | |
| applicant then his name came in light, in | |
| which the applicant is on anticipatory bail | |
| granted by this Hon'ble High Court. | |
| Case Crime No. 98 of 2021 under Sections | |
| vi. | |
| 147, 148, 352, 453, 332, 427, 188, 171F, | |
| 394, 412 of I.P.C. and 7 of Criminal Law | |
| Amendment Act registered at Police Station – | |
| Baghrai, District – Pratapgarh, the | |
| applicant has no information with regard to | |
| said case. | |
| The photocopies of the bail orders passed by the | |
| court concerned in favour of the applicant are | |
| being annexed herewith as Annexure No. 08 to this | |
| application. | |
| That apart from abovementioned cases, in which the | |
| 32. | |
| applicant named or his came in light, there is no | |
| criminal history as per his best knowledge. | |
| That the marriage of the brother of the applicant | |
| 33. | |
| is fixed on 28.11.2021 and the applicant has to | |
| perform several responsibility and rituals | |
| according to their customs. The photocopy of the | |
| marriage card of the applicant’s brother is being | |
| annexed herewith as Annexure No. 09 to this | |
| application. | |
| That if the applicant will arrested, the applicant | |
| 34. | |
| will suffer irreparable loss and injury as the | |
| applicant has not committed any offence. | |
| That there is no chance of the applicant | |
| 35. | |
| absconding or tempering with the prosecution | |
| witnesses. | |
| That the applicant is ready to furnished the | |
| 36. | |
| 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 | |
| 37. | |
| and necessary in the interest of justice that the | |
| applicant be enlarged on anticipatory bail, during | |
| pendency of case. | |
| Lucknow | |
| Date: 20.11.2021 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: 20.11.2021 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. Anticipatory Bail No. Of 2021 | |
| Sunil Kumar Saroj @ Monu Vs State of U. P. | |
| Annexure No. | |
| lh0Mh0 ua0 1 | |
| 05-02-2021 | |
| voyksdu esfMdy fjiksVZ et:c ohjsUnz flag iq= | |
| eksguyky flag fu0 xzk0 f=yksdiqj Fkkuk ck?kjk; tuin | |
| izrkix< mez 45 o’kZ dk esfMdy ijh{k.k lh-,l0lh0 ck?kjk; ls | |
| esfMdy dzekad 16437 ij fnukad 23-01-2021 dks le; 9-15 | |
| ih0,e0 cts Mk0 f”koe “kekZ lkeqnf;d LokLF; dsUnz ck?kjk; | |
| }kjk fd;k x;kA ftlesa et:c dks 04 pksV vk;h gS tks lk/kkj.k | |
| izd`fr dh gSA pksV gkMZ ,.M CyUV vkCtsDV ls vk;h gSA | |
| esfMdy fjiksVZ layXu jks0 [kkl gSA | |
| voyksdu esfMdy fjiksVZ et:c “kSysUnz flag iq= eksguyky | |
| flag fu0 xzk0 f=yksdiqj Fkkuk ck?kjk; tuin izrkix< mez 30 | |
| o’kZ dk esfMdy ijh{k.k lh-,l0lh0 ck?kjk; ls esfMdy fnukad | |
| 23-01-2021 dks le; 10-21 ih0,e0 cts Mk0 f”koe “kekZ | |
| lkeqnf;d LokLF; dsUnz ck?kjk; }kjk fd;k x;kA ftlesa et:c | |
| dks 03 pksV vk;h gS tks lk/kkj.k izd`fr dh gSA pksV gkMZ | |
| ,.M CyUV vkCtsDV ls vk;h gSA esfMdy fjiksVZ layXu jks0 | |
| [kkl gSA | |
| voyksdu esfMdy fjiksVZ et:c lR;sUnz flag iq= pUnziky | |
| flag fu0 xzk0 f=yksdiqj Fkkuk ck?kjk; tuin izrkix< mez 50 | |
| o’kZ dk esfMdy ijh{k.k lh-,l0lh0 ck?kjk; ls esfMdy fnukad | |
| 23-01-2021 dks le; 10-11 ih0,e0 cts Mk0 f”koe “kekZ | |
| lkeqnf;d LokLF; dsUnz ck?kjk; }kjk fd;k x;kA ftlesa et:c | |
| dks 01 pksV vk;h gS tks lk/kkj.k izd`fr dh gSA pksV gkMZ | |
| ,.M CyUV vkCtsDV ls vk;h gSA esfMdy fjiksVZ layXu jks0 | |
| [kkl gSA | |
| voyksdu esfMdy fjiksVZ et:c ukjsUnz flag iq= pUnziky | |
| flag fu0 xzk0 f=yksdiqj Fkkuk ck?kjk; tuin izrkix< mez 60 | |
| o’kZ dk esfMdy ijh{k.k lh-,l0lh0 ck?kjk; ls esfMdy ij | |
| fnukad 23-01-2021 dks le; 10-10 ih0,e0 cts Mk0 f”koe | |
| “kekZ lkeqnf;d LokLF; dsUnz ck?kjk; }kjk fd;k x;kA ftlesa | |
| et:c dks 04 pksV vk;h gS tks lk/kkj.k izd`fr dh gSA pksV | |
| gkMZ ,.M CyUV vkCtsDV ls vk;h gSA esfMdy fjiksVZ | |
| layXu jks0 [kkl gSA | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD | |
| LUCKNOW BENCH, LUCKNOW | |
| Crl. Misc. Anticipatory Bail No. Of 2021 | |
| State of U. P. | |
| Sunil Kumar Saroj @ Monu Vs | |
| Annexure No. | |
| pksfVy At[ehA O;fDr ds fpfdRlk fof/kd ijh{k.k dk | |
| pksV izi= | |
| pksV izi= & 2020&21 | |
| dze la[;k 16437 | |
| ijh{k.k djus okys dk fnukad le; o LFkku | |
| CHC Baghrai 23.01.2021 | |
| at 09.15 PM | |
| uke | |
| Virendra Singh 45 yrs M Father – Mohal Lal | |
| Singh | |
| irk | |
| Vill – Trilokpur, Pratapgarh, Police Station - Baghrai | |
| izFke lwpuk fjiksV la0 | |
| vxzlkfjr djus okys dk uke rFkk irk | |
| lgefr | |
| igpku fpUg | |
| “kkjhfjd fooj.k | |
| pksVksa dk fooj.k% | |
| LW on right side of head region (5cm x 1cm) | |
| 1. | |
| LW on left side palm region (4cm x 1cm) | |
| 2. | |
| Lower on right side of for | |
| 3. | |
| Cop of | |
| 4. | |
| LW right side of head near neck | |
| 5. | |
| d`i;k lHkh pksVksa dks js[kk fp= ds pkVZ esa n”kkZb, tks fd bl | |
| QkeZ ds lkFk layXu gSA | |
| pksVksa dh izd`fr & | |
| Simple | |
| 1- | |
| 2- pksVksa dh vof/k & | |
| 12 hours | |
| 3- mi;ksx esa yk;k x;k gfFk;kj@oLrq & | |
| Hard and blunt object | |
| fdlh tkap vFkok fo”ks’kK vfHker ds fy, vxzlkfjr djuk & | |
| lacaf/kr Fkkus dks lw;uk & | |
| ijh{k.k lekfIr dk fnukad ,oa le; & 23.01.2021 | |
| dksbZ vU; vUos’k.k | |
| izekf.kr vaxwBk fu”kku gLrk{kj | |
| fpfdRlkf/kdkjh dk uke | |
| Dr. Shivam Sharma | |
| M.O. | |
| inuke@eksgj | |