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Prompt:
Generate a Bail Application involving the following key legal details:
- CASE: Crime No. 192 of 2013
- BAIL APPLICATION: Bail Application No. 8546 of 2014
- DISTRICT: Not available
---
Output:
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD,
LUCKNOW BENCH, LUCKNOW
Criminal Misc. Case No. (B) of 2015
Digvijay Singh alias Tufan son of Late Shamsher Singh
resident of Village – Peethapur, Police Station –
Sangipur, District – Pratapgarh
.....Applicant
(In Jail since 25.05.2013)
Versus
State of U.P. .....Opposite Party
Case Crime No. 192 of 2013
Under section 147, 148, 149, 302, 307/34
323, 504, 506 I.P.C. And
Section 7 of Criminal Law Amendment Act
Police Station – Sangrampur
District – Amethi
IInd APPLICATION FOR BAIL U/s 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: /06/2015 Counsel for the Applicant
Note: That this is second bail application. First bail
application No. 6827 of 2013 was rejected by Hon’ble
Arvind Kumar Tripathi II “J” on 04.04.2014.
The second bail application No. 8546 of 2014 has been
dismissed as not press on 28.05.2015 by Hon'ble Sudhir
Kumar Saxena “J”.
Lucknow (Dr. Gyan Singh)
Advocate
Dated: /06/2015 Counsel for the Applicant
Mobile No. 9452226667
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD,
LUCKNOW BENCH, LUCKNOW
Criminal Misc. Case No. (B)of 2015
Digvijay Singh alias Tufan
.....Applicant
(In Jail)
Versus
State of Uttar Pradesh .....Opposite Party
AFFIDAVIT
(In support of IIInd bail application)
I, Rana Pratap Singh aged about 23 years son of
Shamsher Singh resident of House No. 140, Peethapur,
Tashil – Lalganj Ajhara, Police Station – Sangipur,
District – Pratapgarh, Religion – Hindu, Education –
Pursuing Graduation, Occupation – Studying and the
photograph of the deponent is affixed on the affidavit
and his ID proof is enclosed with the affidavit, do
hereby solemnly affirm and state on oath as under :-
That the deponent is the brother of the applicant
1.
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.
That this is the third bail application, first bail
2.
application No. 6827 of 2013 was rejected by
Hon’ble Arvind Kumar Tripathi “J” on 04.04.2014 and
the second bail application No. 8546 of 2014 has
been dismissed as not press on 28.05.2015 by
Hon'ble Sudhir Kumar Saxena “J”. The photocopy of
the Hon'ble Court order dated 04.04.2014 passed in
first bail application and order dated 28.05.2015
passed in second bail application are annexed
herewith as Annexure No. 1 & 2 to this affidavit.
That on 30.04.2013 about 06.30 Hours the informant
3.
Shri Ram Mishra lodged a first information report
against 05 persons including the applicant bearing
Case Crime No. 192 of 2013 under Section section
147, 148, 149, 302, 307/34, 323, 504, 506 I.P.C.
And Section 7 of Criminal Law Amendment Act in
Police Station – Sangrampur, District – Amethi. The
photo and typed copy of the first information
report dated 30.04.2013 is annexed herewith as
Annexure No. 3 to this affidavit.
That brief fact of the alleged prosecution story is
4.
that the alleged accused as mentioned in the first
information report, the applicant and other accused
persons of the above case crime, armed with the
iron rod, Lathi & Danda came at the door of the
informant, where the father of the informant
sitting in courtyard, all the accused persons
caught hold and dragged him up to the tree by
assaulting mercilessly. The mother and brother-in-
law of the informant namely Girija Shankar with the
help of 108 brought to the injured at Community
Health Centre, Amethi from where he was referred to
Lucknow where he is being treated and there is
least possibility of his survival.
That the injured was hospitalized at Mayo Medical
5.
Centre Pvt. Ltd., Gomti Nagar, Lucknow on
30.04.2013 at 12.30 p.m. and was expired on
19.05.2013 at 06.40p.m.. The police of Gomti Nagar
was informed for conducting the inquest through
G.D. No. 44 at 07.20 p.m.. Photocopy of the letter
dated 19.05.2013 is annexed herewith as Annexure
No. 4 to this affidavit.
That the inquest was conducted on 20.05.2013 at
6.
09.05 p.m. at Mayo Medical Centre, Police Station –
Gomti Nagar, Lucknow in presence of the informant
and chance eye witness Girija Shankar as per
information, death occurred due to sustaining the
grievous injuries during mar-peet. Photocopy of the
inquest report is being filed herewith annexed
herewith as Annexure No. 5 to this affidavit.
That the doctor conducted the autopsy on the body
7.
of the deceased on 20.05.2013at 3.30 p.m. The death
is due to coma as result of anti-mortem head
injury. The doctor has noted four injuries on the
person of deceased, first is on the right side
heads 3cm above the right ear, second injury is on
the frond of right forearm 7.00 cm above right
wrist joint, third injury is stated on the left
forearm 9 cm above left wrist join, fourth injury
is on right ankle joint. Photocopy of the autopsy
report is being annexed herewith annexed herewith
as Annexure No. 6 to this affidavit.
That it is admitted that the informant is not eye
8.
witness of the occurrence. His statement under sec.
161 Cr.P.C. was recorded on 01.05.2013 and stated
therein he was remained in private service at Delhi
after hearing the news he came at the village. The
statement of Girija Shankar Pandey resident of
Padari, Gauriganj, District – Amethi stated therein
the deceased was dragged by the applicant and
others and was allegedly assaulted by Lathi, danda
and iron rod.
That thereafter the investigating officer recorded
9.
the statement of Smt. Rajpati wife of deceased who
stated in her statement that the applicant and co-
accused Jitndra Singh have assaulted with Iron rod
and Satyam and Ram Pratap assaulted by lathi and
danda. The co-accused Sheetla Prasad caught hold of
the deceased in Osara and dragged him at the place
of occurrence. Type copies of the statements of the
witnesses are being annexed herewith collectively
as Annexure No. 7 to this affidavit.
That in the meantime the injured/deceased was being
10.
treated in Mayo Hospital, Gomti Nagar, Lucknow and
took his last breath on 19.05.2013. The case
summary was prepared by Doctor Siddharth Singh who
is hospital administrator. The Neurosurgeon doctor
Tarun Pandey has opined that the patient was
referred for the head injury but there is no
evidence of head injury. C.T. brain is normal. The
group of doctors six in numbers have expressed
their opinion that the patient progressed well in
post-operative period. The patient shifted to room
on 07.05.2013 developed breathlessness
(Pneumonitis) on 08.05.2013 and was again shifted
to I.C.U. expired on 19.05.2013. Dr. S. S. Gupta
(M.D.) Chest was looking after the patient for
respiratory problem. He was Tracheotomised by anti-
surgeon and was seen by me on 14.05.2013. The
patient was also looked after by the plastic
surgeon. The report of doctor who conducted post
mortem is contrary with the report of the doctor
who treated the patient from 01.05.2013 to
19.05.2013. Photo copy of the of the case summary
given by the doctor Siddharth Singh Hospital in
Administration dated 01.05.2013 is being herewith
as Annexure No. 8 to this affidavit.
That according to the report given by the doctor
11.
Tarun Pandey (M.S., M.C.H., Neurosurgeon) deceased
was referred to him but no evidence of head injury
was found in the C.T. Scan report.
That this fact has deliberately been concealed by
12.
the investigating officer of this case with some
oblique motive and for this reason he has not taken
the C.T. Scan plates on the record of the
investigation of the case.
That investigating officer took up investigation on
13.
23.06.2013 again recorded the statement of the
informant Shri Ram Mishra. He has stated that there
was dispute of land, the accused persons armed with
lathi, danda, iron rod surrounded his father. This
incident was being witnesed by his brother-in-law
and mother inside the house from the gap of the
gates. The similar statement of Shri Rajpati and
Girija Shankar Pandey without slight change. The
investigating officer again recorded statement just
to twist the story after seeing the post mortem.
The investigating officer recorded the statement of
14.
doctor Unday Pratap Singh on 23.07.2013 who has
stated that he was posted at C.H.C., Amethi and on
30.04.2013 at 9.00 a.m. examined injured Ram Akbal
who was brought by 108 mobile vehicle, a that
moment Naib Tahsildar Ajeet Singh also came there
and recorded the dying declaration. It is to be
noted that doctor Uday Pratap Singh has not given
fitness certificate and he is referring that the
condition of the patient was serious, the general
conditions of the patient was very poor as
mentioned in the injury report, in such
circumstances, it is evident that the injured was
not in position to make his statement. The dying
declaration was manipulated and concocted under the
political influence. Photo copy of the statement of
Doctor Uday Pratap Singh is being filed herewith as
Annexure No. 9 to this affidavit.
That the investigation officer has made recovery
15.
of two pieces of brick and one piece of blood
stained wooden danda, on 02.05.2013. Photo copy of
the recovery memo is being herewith as Annexure No.
10 to this affidavit.
That the informant is not an eyewitness Girija
16.
Shankar Pandey is the chance witness and brother-
in-law of the informant is highly unreliable and a
chance witness. The statement of informant is to
the effect that the incident was seen in side of
the house is also belies the prosecution case.
That the dying declaration is alleged to be
17.
concocted and manipulated. In the first information
report weapon was lathi, danda and iron rod while
in dying declaration gadansa, lathi and danda,
bricks and the numbers of the accused were not
specified. There was no injury report of gadansa
and the same was not mentioned in first information
report. In the first information report fire arm
was alleged to be used was katta, while in dying
declaration rifle has been attributed. In dying
declaration the name of Sheetal has not been
mentioned. The name of Ram Bahadur’s sons are not
mentioned in first information report. The dying
declaration is not in question answer form. Type
copy of dying declaration being herewith as
Annexure No. 11 to this affidavit.
That the dying declaration was recorded by the
18.
Tasildar on 30.04.2013 at C.H.C., Amethi when the
deceased was not in the position to give any
statement.
That the applicant and other co-accused persons
19.
have been falsely implicated only on the ground of
suspicion as in the murder of his father Samsher
Singh, deceased Ram Akbal was an accused along with
others and was convicted under section 302 I.P.C.
on 09.11.2000 in S.T. No. 141 of 1998 (State Versus
Ram Akbal and others). The deceased filed an appeal
being appeal No. 1048 of 2000 and he was on bail.
The deceased Shamsher Singh was renowned advocate
of District – Pratapgarh.
That an absurd story has been cooked up by the
20.
prosecution that the person is having the rifle and
tamancha will not use lathi, danda and iron rod.
The first information report resembling with the
autopsy report. The first information report is
contradictory with the dying declaration. The
statements recorded under section 161 Cr.P.C. is
also not corroborating with each other.
That following cases are registered against the
21.
applicant:-
Case crime No. 107 of 1997 under Section 374
1.
I.P.C. and bonded Labour Act, the applicant is on
bail case is pending.
Case crime No. 122 of 2008 under Section 147, 148,
2.
3223, 504,506 I.P.C., the applicant on bail, case
is pending.
Case is crime No. 143 of 2008 under Section 3 (1)
3.
Gunda Act withdraw of the notice by the then
District Magistrate.
Case crime No. 148 of 2008 under Section 110
4.
Cr.P.C., the proceeding is dropped. The applicant
is on bail and the same is pending.
That after 2008 no criminal case is registered
22.
against the applicant.
That the applicant is innocent. The criminal
23.
history shown against the applicant has been
explained in the preceding paragraph. There is
delay in lodging the first information report.
There is contradiction in first information report
and alleged dying declaration. The injured/deceased
was assaulted by the persons with whom civil
dispute was pending, even after losing the case in
the Hon'ble Court. He was forcibly having the
possession. The deceased was convicted in the
murder of the father of the applicant and was on
bail by the Hon'ble Court, this was suspicion and
the applicant schooling students were implicated.
That for proper adjudication of the case it is
24.
submitted that the applicant is falsely implicated
by the police persons without any reason and the
applicant has not commit any offence as alleged in
the first information report.
That the applicant in jail since 25/05/2013.
25.
That there is no chance of the applicant absconding
26.
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 : 2015 Deponent
VERIFICATION
I, the deponent, do hereby verify that the
contents of para Nos. of this affidavit
are true to my personal knowledge and those para Nos.
of the affidavit are based on perusal of record, those
of para Nos. of the
affidavit are based on information received by the
deponent, those of para Nos. of the
affidavit are based on legal advice which all I believe
to be true. No part of its is false and nothing
material has been concealed. So, help me “GOD”.
Lucknow
Date : 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 Dr. Gyan Singh, Advocate, High
Court, Lucknow, Bench, Lucknow. Enrolment No. 11667 of
2010, Address – 34 Pipra Ghat, Dilkusha, Cantt,
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
Criminal Misc. Case No. (B)of 2015
Digvijay Singh alias Tufan
.....Applicant
(In Jail since 25.05.2013)
Versus
State of Uttar Pradesh .....Opposite Party
INDEX
Sr.
Particulars Page No.
No
Application for bail under section
1.
439 Cr.P.C.
Affidavit in support of application
2.
Annexure No. 1
3.
The photocopy of the Hon'ble Court
order dated 04.04.2014 passed in
first bail application
Annexure No. 2
4.
The photocopy of the Hon'ble Court
order dated 28.05.2015 passed in
second bail application
Annexure No. 3
5.
The photo and typed copy of the
first information report dated
30.04.2013
Annexure No. 4
6.
Photocopy of the letter dated
19.05.2013
Annexure No. 5
7.
Photocopy of the inquest report
Annexure No. 6
8.
Photocopy of the autopsy report
Annexure No. 7
9.
Photo and copy of the witnesses
Annexure No. 8
10.
Photo copy of the of the case
summary given by the doctor
Siddharth Singh Hospital in
Administration dated 01.05.2013
Annexure No. 9
11.
Photo copy of the statement of
doctor Uday Pratap Singh
Annexure No. 10
12.
Photo copy of the recovery memo
Annexure No. 11
13.
Type copy of dying declaration
Identity proof of the deponent
14.
Memo
15.
Lucknow (Dr. Gyan Singh)
Advocate
Dated: /06/2015 Counsel for the Applicant
Mobile No. 9452226667
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