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Prompt:
Generate a Bail Application involving the following key legal details:
- CASE: Crime No. 128 of 2022
- SECTIONS: 3 (1) of U.P.
- POLICE STATION: Gossainganj
- DISTRICT: Ayodhya
- BAIL APPLICATION: Bail Application No. 732 of 2023
---
Output:
IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD
SITTING AT : LUCKNOW
Crl. Misc. Case No. (BAIL) Of 2023
Sanjay Pratap Singh alias Guddu Singh aged about 42
years son of Shri Hari Singh resident of Village –
Mohaddinagar, Balipur, Police Station – Hathigawan,
District – Pratapgarh
.... Applicant
(In Jail since 03.04.2023
Versus
State of U.P. through Additional Chief Secretary Home,
Government of U.P., Civil Secretariat, Lucknow
.... Opposite Party
Crime No: 128 of 2022
Under Section: 3 (1) of U.P.
Gangster and Anti-Social
Activities (Prevention) Act, 1986
Police Station: Gossainganj
District: Ayodhya
Bail Application No. 732 of 2023
has been rejected by Additional
Sessions Judge (Gangster Act),
Room No.12, Faizabad on 12.04.2023
FIRST BAIL APPLICATION UNDER SECTION 439 Cr.P.C.
For the facts, reasons and circumstances stated
in the accompanying affidavit, it is most
respectfully prayed that this Hon’ble may kindly be
pleased to enlarge the applicant on bail, in
connection with Case Crime No. 128 of 2022 under
section 3(1) of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986 registered at
Police Station – Gossainganj, District– Ayodhya
during the pendency of his trial, in the interest of
justice.
Lucknow (Pradeep Kumar Singh ‘Bisen’)
Advocate
Date: 15.04.2023 Counsel for the Applicant
IN THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLHABAD SITTING AT: LUCKNOW
Crl. Misc. Case No. (BAIL) Of 2023
Sanjay Pratap Singh alias Guddu Singh
…..Applicant
(In Jail since 03.04.2023)
Versus
State of U.P. through Additional Chief Secretary Home,
Government of U.P., Civil Secretariat, Lucknow
....Opposite Party
AFFIDAVIT
(In support of first bail application)
I, Shiavakar Singh aged about 20 years son of
Shri Chhail Bihari resident of Angurihan Purab Nara
District – Allahabad, Religion – Hindu, Qualification
– Literate, Occupation – Agriculture, the deponent do
hereby solemnly affirm and state on oath as under :-
That the deponent is cousin brother of applicant
1.
and doing pairvi of applicant in the above noted
case and duly authorized by him for filing
instant application before the Hon'ble Court and
as such he is fully conversant with the facts of
the case deposed herein under.
That the photo of the deponent is being pasted on
2.
the first page of this affidavit and photocopy of
ID proof of the deponent is being annexed with
this affidavit.
That this is first bail of the applicant filed
3.
before this Hon’ble Court and no other bail
application on same cause of action is filed or
pending in any court of law.
That on 13.05.2022 at about 22.59 Hours, the
4.
informant Shri Krishna Kumar Mishra Station House
Officer, Police Station – Gossainganj, District –
Ayodhya lodged a first information report against
6 persons including the applicant at Case Crime
No. 128 of 2021 under section 3(1) of U.P.
Gangster and Anti-Social Activities (Prevention)
Act, 1986 (hereinafter referred to ‘Gangster
Act’) in Police Station – Gossainganj, District –
Ayodhya. The certified and typed copy of the
first information report dated 13.05.2022 is
being annexed herewith as Annexure No. 1 to this
affidavit.
That brief fact of the alleged prosecution story
5.
is that the applicant is gang member of a gang,
who used to commit the offences in organized
manner regularly as they are habitual, for their
economic benefit and due to their terror no one
can dare to speak against them.
That prior to lodging the aforesaid case crime
6.
against the applicant, the gang chart has been
approved by the District Magistrate, Ayodhya on
11.05.2022. The photo and typed copy of the gang
chart is being annexed herewith as Annexure No. 2
to this affidavit.
That for proper adjudication of the case it is
7.
submitted that the applicant is totally innocent
and does not commit any offence as alleged in the
first information report by the informant.
That the informant in order to showing his good
8.
and hard work, falsely implicate the applicant in
several case crimes, which are pending before him
and thereafter finally lodged the said first
information report dated 13.05.2022 under Section
3(1) of Gangster Act, The one mentioned in the
gang chart which is as Case Crime No. 107 of 2021
under Sections 302, 307, 120B, 34, 272, 419, 420,
467, 468, 471 of IPC and 60 of U.P. Excise Act
registered at Police Station – Gossainganj,
District – Ayodhya, in which the applicant has
been granted bail on 24.12.2021 by this Hon'ble
High Court. The photocopy of Bail order dated
24.12.2021 passed by this Hon'ble High Court is
being annexed herewith as Annexure No.3 to this
affidavit.
That in relation to the Case Crime No. 107 of
9.
2021, there are to First Information Reports
lodged under Gangster Act i.e. 1. 217 of 2021
against 10 persons and 2. 128 of 2022 against 6
persons, which are registered at Police Station –
Gossainganj, District – Ayodhya under Section
3(1) of Gangster Act. The photocopy of the first
information report of Case Crime No. 217 of 2021
is being annexed herewith as Annexure No. 4 to
this affidavit.
That after lodging the first information report
10.
against the applicant, he challenged the same
before this Hon'ble High Court bearing Writ
Petition No. 3843 (CRLP) of 2022, which is still
pending.
That according to Rule 4 (3) of The Uttar Pradesh
11.
Gangster and Anti-Social Activities (Prevention)
Rules, 2021 (hereinafter referred to as ‘Rules,
2021’) that if needed after investigation that
some other accuses are involve in crime and
against them gang chart not approved then
authority concerned proceed further for approval
of the gang chart but there is no provision to
lodge another first information report.
That the applicant is falsely implicated in
12.
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. 48 of 2021 under section 420,
467, 468, 471, 272, 273 of I.P.C., 60, 63 of
U.P. Excise Act, Police Station - Hathigawan
District – Pratapgarh, in which the applicant
granted bail on 15.11.2021 passed by this
Hon'ble High Court.
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 registered at Police Station –
Hathigawan, District – Pratapgarh, in which the
applicant granted bail on 22.11.2021 passed by
this Hon'ble High Court
Case Crime No. 50 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 registered at
Police Station – Hathigawan, District –
Pratapgarh, in which the applicant granted bail
on 06.12.2021 passed by this Hon'ble High
Court.
Case Crime No. 51 of 2021 under section 60, 63
of U.P. Excise Act, Police Station - Hathigawan
District – Pratapgarh, in which the applicant
granted bail on 14.12.2021 passed by court
below.
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, in which the
applicant granted bail on 24.11.2021 passed by
this Hon'ble High Court.
Case Crime No. 125 of 2021 under Sections 420,
i.
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, in which the
applicant granted bail on 09.12.2021 passed by
this Hon'ble High Court.
Case Crime No. 107 of 2021 under Sections
ii.
302, 307, 120B, 34, 272, 419, 420, 467, 468,
471 of IPC and 60A, 60 U.P. Excise Act
registered Police Station – Gossainganj,
District – Ayodhya. In this case the name of
the applicant came in light from the statements
of the accused persons, in which the applicant
granted bail on 24.12.2021 passed by this
Hon'ble High Court.
Case Crime No. 201 of 2021 under Sections
iii.
2/3 of U.P. Gangster and Anti-Social Activities
(Prevention) Act, 1986 lodged on 09.10.2021 at
Police Station – Hathigawan, District –
Pratapgarh, in which the applicant granted
bail on 18.05.2022 passed by this Hon'ble High
Court.
Another case has been lodged against the
applicant, when he is jail, under the influence
of the local politician on 14.10.2021 bearing
Case Crime No. 208 of 2021 under Sections 419,
420, 467, 468, 471, 486, 487, 272, 273 of
I.P.C., 60, 60A, 63 of U.P. Excise Act, 1910,
63 of Copyright Act, 1957 and 103, 104 of The
Trade and Merchandise Marks Act, 1958
registered at Police Station – Hathigawan,
District – Pratapgarh, in which the applicant
granted bail on 10.12.2021 passed by this
Hon'ble High Court.
The aforesaid 9 cases are recently lodged under
the political pressure of the local politician
against the applicant.
Case Crime No. 53 of 2004 under Sections
iv.
323, 504, 506, 343 of IPC registered at Police
Station – Hathigawan, District – Pratapgarh, in
which the applicant has been acquitted on
28.01.2020 by the court concerned.
Case Crime No. 685 of 2009 under Sections 147,
v.
148, 504, 506, 323, 363, 120 of IPC and 3(1)10
of S.C. and S.T. Act registered at Police
Station – Saurawan, District – Allahabad, in
which the concerned police filed submitted
final report in favour of the applicant.
Case Crime No. 513 of 2010 under Sections
vi.
395, 397, 307, 323, 504 of IPC registered at
Police Station – Kunda, District – Pratapgarh,
in which the applicant has been granted bail on
05.03.2011 by the court concerned.
Case Crime No. 302 of 2011 under Section
vii.
110G of Cr.P.C. registered at Police Station –
Hathigawan, District – Pratapgarh. The
applicant has no knowledge about said case.
Case Crime No. 19 of 2012 under Section
viii.
3(1) Gunda Act registered at Police Station –
Hathigawan, District – Pratapgarh. The
applicant has no knowledge about said case.
Case Crime No. 18 of 2013 under Sections
ix.
302 of IPC registered at Police Station –
Hathigawan, District – Pratapgarh, in which the
applicant has been granted bail on 04.03.2014
by the court concerned.
Case Crime No. 20 of 2013 under sections 302,
x.
504, 506, 120B of IPC registered at Police
Station – Hathigawan, District – Pratapgarh, in
which the final report has been submitted in
favour of the applicant.
Case Crime No. 21 of 2013 under sections
xi.
147, 148, 149, 302, 504, 506, 120B of IPC
registered at Police Station – Hathigawan,
District – Pratapgarh, in which the final
report has been submitted in favour of the
applicant.
case crime no. 57/2023 under section 63 of
xii.
U.P. Excise Act, Police station – Hathigawan,
district – Pratapgarh on 06.04.2023 registered
against the applicant after surrender in case
crime no. 128/2022 before Gangster Court
Faizabad on 03.04.2023.
The photocopies of the bail orders passed by
this Hon'ble High Court & court below and other
related documents of the applicant are being
annexed herewith as Annexure No. 5 to this
application.
That apart of above mentioned cases, there is no
13.
criminal history against the applicant.
That it is relevant to mention here that the
14.
applicant is neither member of alleged gang as
alleged in the first information report nor
involved any crime as alleged against him in the
gang chart by the informant. He further does not
committed any offence for his economical and
physical benefit due to which the local area
people are under the threat as such allegations
against the applicant are false and fabricated.
The police for showing there good work falsely
15.
implicated the applicant in the said case crime.
That the real fact is that the applicant is
16.
innocent and belongs to a respected family and
has good reputation.
That the entire case has been made and based
17.
against the applicant only on information of the
police informer, which is not reliable as nothing
is supported to prosecution story.
That the applicant having severe Chronic Liver
18.
Disease (70% liver is infected) and high diabetic
& also suffering from heart disease and was under
treatment. After surrender of the applicant,
there is no proper treatment is being given to
the applicant due to which his life is in danger.
The photocopy of the medical prescription of the
applicant is being annexed herewith as Annexure
No. 6 to this Affidavit.
That the Case Crime No. 128 of 2021 under section
19.
3(1) of U.P. Gangster and Anti-Social Activities
(Prevention) Act, 1986 (hereinafter referred to
‘Gangster Act’) in Police Station – Gossainganj,
District – Ayodhya. Except applicant all accused
granted bail by this Hon’ble Court. The Photocopy
of bail no. 2555 of 2023 (Sudhakar Singh ‘Gang
leader’) versus state of U.P. on 20.02.2023 are
being annexed herewith as Annexure no. 7 to this
application.
That informant working for the present local
20.
Member of the Parliament of the ruling party due
to political vendetta, he has been falsely
implicated in the case crime.
That in result of the above, the informant
21.
falsely implicates the 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 applicant is in jail since 03.04.2023
22.
after his surrender, without committing any
offence as alleged against him.
That the applicant does not committed any offence
23.
for his economical and physical benefit. The
applicant is not convicted previously in any case
crime. The allegations against the applicant are
false and fabricated.
That since the applicant has not committed any
24.
offence as alleged, hence no offence under
Sections 3(1) of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986 relating to
Police Station – Gossainganj, District – Ayodhya,
is made against him.
That the applicant had moved his bail application
25.
bearing number 732 of 2023 before the Special
Judge (Gangster) Additional Session judge Room
no. 12, Ayodhya and same has been rejected on
12.04.2023. The free certified copy of the bail
rejection order dated 12.04.2023 passed by the
court below is annexed herewith as Annexure No. 7
to this affidavit.
That the applicant will not misuse the liberty of
26.
bail if so granted by this Court.
That the applicant is previously not convicted by
27.
any court of law.
That the applicant further declares in compliance
28.
of the Section 19(4)(b) of U.P. Gangster and
Anti-Social Activities (Prevention) Act, 1986
that the applicant is committed any offense as
alleged in the first information report and also
he is not likely to commit any offense while on
bail, if so granted by this Hon'ble High Court.
That the applicant has no motive to commit the
29.
alleged crime and false motive which given in
case, is cooked and fabricated by the concerned
police.
That there is no chance of the applicant
30.
absconding or tempering with the prosecution
witnesses.
That the applicant is ready to furnish personal
31.
bond and sureties to the entire satisfaction
before the court, if the bail is granted to him.
That in view of the above, it would be expedient
32.
and necessary in the interest of justice that the
applicant be enlarged on bail during pendency of
his trial.
Lucknow
Date :15.04.2023 Deponent
VERIFICATION
I, the deponent, above named do hereby verify
that the contents of para 1 to of this affidavit are
true to my own knowledge. No part of it is false and
nothing material fact has been concealed. So help me
God.
Lucknow
Date :15.04.2023 Deponent
I, identify the deponent, who has 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 15.04.2023 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, AOR
No: B/P0262 resident of “Narsinghpur House”, 25 Preet
Vihar Colony, Raiberelly Road, Lucknow. Mobile No.
9415288732
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 to him.
OATH COMMISSIONER
Code : 401507(Minor)
GROUP : Bail
DISTRICT : Ayodhya
IN THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLHABAD SITTING AT: LUCKNOW
Crl. Misc. Case No. (BAIL) Of 2023
Sanjay Pratap Singh alias Guddu Singh
....Applicant
In Jail since 03.04.2023
Versus
State of U.P. through Additional Chief Secretary
Home, Government of U.P., Civil Secretariat, Lucknow
....Opposite Party
INDEX
Sr
Particulars Page
No
No.
1.
Index
2.
Application for Bail
3.
Affidavit in support of bail
application
4.
Annexure No. 1
The certified and typed copy of the
first information report dated
13.05.2022
5.
Annexure No. 2
The photo and typed copy of the gang
chart
6.
Annexure No. 3
The photocopy of Bail order dated
24.12.2021 passed by this Hon'ble
High Court
7.
Annexure No. 4
The photocopy of the first
information report of Case Crime No.
217 of 2021
8.
Annexure No. 5
The photocopies of the orders passed
by this Hon’ble High Court & court
below
9.
Annexure No. 6
The Photocopy of the medical
prescription of the applicant.
10.
Annexure no.7
The free copy of bail rejection order
dated 13.01.2022 passed by the court
concerned
11.
ID proof of the deponent
12.
Memo
Lucknow (Pradeep Kumar Singh ‘Bisen’)
Advocate
Date: 15.04.2023 Counsel for the Applicant
Mobile No. 9415288732
AoR No. B/P0262
IN THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLHABAD SITTING AT: LUCKNOW
Crl. Misc. Case No. (BAIL) Of 2023
Sanjay Pratap Singh alias Guddu Singh
…..Applicant
(In Jail since 03.04.2023)
Versus
State of U.P. through Additional Chief Secretary
Home, Government of U.P., Civil Secretariat, Lucknow
....Opposite Party
Annexure NO.
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