Prompt: Generate a Bail Application involving the following key legal details: - CASE: Crime No. 406 of 2017 - DISTRICT: Not available - BAIL APPLICATION: Not available --- Output: IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH, LUCKNOW Criminal Misc. Case No. (B) of 2018 Chandra Pal aged about 40 years son of Late Gajodahar resident of Village – Pasin Dhakawa, Bakkas, Police Station – Gossaiganj, District – Lucknow .....Applicant (In Jail from 08.01.2018) Versus State of Uttar Pradesh .....Opposite Party Case Crime No. 406 of 2017 Under Sections 419, 420, 467, 468, 471, 120B, 34, 506 I.P.C. Police Station – Gossaiganj District – Lucknow Bail application rejected by Special Judge, P.C. Act, C.B.I., Room No. 6, Lucknow, on 05.02.2018 APPLICATION FOR BAIL UNDER SECTION 439 Cr. P.C. The applicant most respectfully submits as under:- For the facts and reasons mentioned in accompanying affidavit, it is most respectfully prayed that this Hon’ble Court may kindly be pleased to grant the bail to the applicant in the interest of Justice. Lucknow (Pradeep Kumar Singh ‘Bisen’) Advocate Date: .2018 Counsel for the Applicant Case Crime No. 406 of 2017 Under Sections 419, 420, 467, 468, 471, 120B, 34, 506 I.P.C. Police Station – Gossaiganj District – Lucknow Bail application rejected by Special Judge, P.C. Act, C.B.I., Room No. 6, Lucknow, on 05.02.2018 IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH, LUCKNOW Criminal Misc. Case No. (B)of 2018 Chandra Pal ...Applicant (In Jail from 08.01.2018) Versus State of Uttar Pradesh ....Opposite Party AFFIDAVIT (In support of bail application) I, Dashrath aged about 42 years son of Shri Ram Das Resident of Village – Bisara, Kalli Pashchim, Police Station – P.G.I., District – Lucknow, Religion – Hindu, Education – Literate, Occupation – Labour, do hereby solemnly affirm and state on oath as under :- That the deponent is the relative/pairokar of the 1. applicant and duly authorized by the applicant to doing pairavi and files the aforesaid application before this Hon'ble Court and as such he is fully conversant with the facts of the case and deposed as under. The ID Proof of the deponent is enclosed and his photograph is affixed on the affidavit. That this is the first bail application before 2. this Hon'ble Court. No any other bail application pending before this Hon'ble Court or rejected by this Hon'ble Court. That brief facts of the case is that a first 3. information report has been lodged against the applicant and 3 other persons on 09.07.2017 by informant namely Santosh Kumar bearing Case Crime No. 406 of 2017 under Sections 420, 467, 468, 471, 506 I.P.C., at Police Station – Gossaiganj, District – Lucknow on false, incorrect and baseless grounds. The photo/typed copy of the first information report dated 09.07.2017 is being annexed herewith as Annexure No. 01 to this application. That fact of the first information report dated 4. 09.07.2017 is in nutshell; the informant was sold his land gata No. 1353 situated at Village – Anandipur through his nephew namely Virendra, who is also named accused in said case crime. Thereafter Virendra offered to the informant for purchase of a roadside land, after spot visit the informant was ready to purchase said land in Rs. 5,00,000.00 and given Rs. 1,00,000.00 as advance and after giving another Rs. 1,50.000.00 on 16.04.2016 to the accused Virendra. Then on request of his nephew the informant, paid Rs. 1,00,000.00 on 08.06.2016 and Rs. 1,50,000.00 on 10.10.2016 and that day a deed was executed between the buyer & seller. When the informant gone his purchased land then he was informed by the villagers his purchased land is gram samaj land then the informant complaint to his nephew regarding said issue then his nephew threatened to him for life. That it is relevant to mention here that the 5. applicant was falsely implicated by the informant in said case crime with collusion of the concerned police. That the informant in his first information report 6. stated that the accused persons executed sale deed on 10.10.2016 but on bare perusal of the alleged sale deed, it is crystal clear that the alleged sale deed is actually not a sale deed, it is agreement of sale, which is executed on 16.04.2016. The photocopy of the alleged sale deed dated 16.04.2016 is being annexed herewith as Annexure No. 02 to this application. That the statement of the informant was recorded 7. by the concerned police on 11.07.2017, in which the informant stated all most first information report version in improved manner and in detail. The type copy of the statement of the informant dated 09.07.2017 given to the concerned police is being annexed herewith as Annexure No. 03 to this application. That the informant in his statement stated that 8. the applicant himself admitted he was involve in said case crime and received the Rs. 52,500.00 and he has given in writing to the informant on 04.07.2017 as he will pay Rs. 52,500.00 on 07.07.2017. That the real story of the case is that so far 9. concerned to the applicant is that; the applicant has no concerned with the said alleged incident. The applicant and another accused Virendra i.e. nephew of the informant are known to each other being resident of same hamlet and also gone at house of the accuse Virendra at several occasions. That it was purely co-incident as at time of 10. execution of agreement on 16.04.2016, the applicant was met at Registrar Office, with the accused Virendra and informant and stayed with them sometime. That later on when the fraud of the accused 11. Virendra comes out at that moment the informant related the co-incident of dated 16.04.2016 and pressurized to the applicant for confessing his guilty, while he was not committed any offence as alleged against him. That the informant was approached to the concerned 12. police for his help. Then the concerned police called the accused Virendra and the applicant at Police Station on 04.07.2017 and under forcefully taken a hand writing promising note mentioning therein as he was involve in committing said case crime and was given by the accused Virendra Rs. 52,500.00, which will be paid by 07.07.2017 to the informant. That when the applicant not paid Rs. 52,500.00 to 13. the informant then the first information report has been lodged against the applicant without committing any offence as alleged against him. That the concerned police on 17.10.2017 added the 14. Sections 419, 120B and 34 IPC in said case crime. That the applicant has not committed said offence 15. but when the concerned police harassing the applicant and his family thereafter on 08.01.2018, the applicant surrendered before the competent court. That thereafter without proper investigation, 16. ignoring the fact and circumstances of the case, investigating officer submitted the charge sheet against the applicant and 4 other accused on 12.01.2018 under Sections 419, 420, 467, 468, 471, 120B, 34, 506 I.P.C. bearing charge sheet No. 01 of 2018. That the applicant has no concerned with said 17. fraud committed with the informant but the he was falsely implicate in said case crime. That there is no credible evidence on record, 18. which could show that the applicant is guilty or committed this crime in question and the evidence available on record, itself shows that no prima facie offence under Sections 419, 420, 467, 468, 471, 120B, 34, 506 I.P.C. is made out against the applicant. That neither any evidence was found against the 19. applicant nor has any motive been assigned to the applicant in the present case except general allegations against the applicant. That since the applicant has not committed any 20. offence as alleged but he has been falsely implicated and has no any involvement in the said case as alleged in first information report. That the applicant moved bail application bearing 21. No. 1358 of 2017 before Special Judge, P.C. Act, C.B.I., Room No. 6, Lucknow, and his bail application has been rejected by the court concerned on 05.02.2018. The copy of the order dated 05.02.2018 passed by court concerned is being annexed as Annexure No. 04 to this application. That the applicant in jail since 08.01.2018 22. without committing any offense as alleged against the applicant with regard to case crime No. 406 of 2017. That the applicant has no criminal history at all 23. except to this present case. The applicant is law abiding person and having good reputation in the society. That there is no possibility of the applicant’s 24. conviction because he has not committed the crime in question as alleged by the informant. That the applicant undertakes that he will not 25. misuse the liberty of bail if so granted by this Court. That there is no chance of the applicant 26. absconding or tempering with the prosecution witnesses. That the applicant is ready to furnished the 27. security and bond and also undertake that he will be never misused liberty of bail. That in view of the above, it would be expedient 28. and necessary in the interest of justice that the applicant be enlarged on bail during pendency of case. Lucknow Date : .2018 Deponent VERIFICATION I, the deponent, do hereby verify that the contents of para of the accompanying affidavit are true to my own knowledge and those of para are believed to true based on records and paragraph are true to legal advice. No part of its is false and nothing material has been concealed. So, help me “GOD”. Lucknow Dated: .2018 Deponent I, do hereby declare that the person making this affidavit and alleging himself to be the deponent is known to me from the perusal of papers and I am satisfied that he is the same person. Advocate Solemnly affirmed before me on at a.m./p.m. by the deponent who has been identified by Sri 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. , Mobile No. 9415288732 I, have satisfied myself by examining the deponent that she understands the contents of this affidavit, which have been read over and explained by me. OATH COMMISSIONER IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH, LUCKNOW Criminal Misc. Case No. (B)of 2018 Chandra Pal ...Applicant (In Jail from 08.01.2018) Versus State of Uttar Pradesh ....Opposite Party INDEX Sr.No Particulars Page No. Application for bail under section 439 Cr.P.C. 1. Affidavit in support of 2. application Annexure No. 1 3. The photocopy of the first information report dated 09.07.2017 Annexure No. 2 4. The photocopy of the alleged sale deed dated 16.04.2016 Annexure No. 3 5. The type copy of the statement of the informant dated 09.07.2017 given to the concerned police Annexure No. 4 6. The copy of the order dated 05.02.2018 passed by court concerned ID proof of the deponent 7. Memo 8. Lucknow (Pradeep Kumar Singh ‘Bisen’) Advocate Date: .2018 Counsel for the Applicant IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH, LUCKNOW Criminal Misc. Case No. (B)of 2018 Raj Pal Versus State of U. P. Type copy of the Annexure No. 11-07-2017 c;ku oknh& c;ku oknh Jh larks’k dqekj iq= esokyky fu0 vkuUnhiqj ,p@,e dVjk cDdkl Fkkuk xkslkbZxat y[kuÅ ,Q0vkbZ0vkj0 dk leFkZu djrs gq, crk;k fd eSaus xzke vkuUnhiqj fLFkr xkVk la0 1353 dks foi{kh ohjsUnz iq= jktkjke jkor fu0 dVjk cDdkl ds dgus ij mDr dh fczdh fd;k Fkk tc iSlk fey x;k rks foi{kh }kjk ;g dgk x;k fd eSa rqedks [ksrh ;ksX; Hkwfe fnyk nwaxkA esjk Hkrhtk gksus ds ukrs eq>s fo”okl gks x;k ftlls ohjsUnz o iflu