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