Datasets:

SHASWATSINGH3101
/

bail_data_text

Shubham Singh aged about 20 years son of Pushpraj
Singh resident of Village – Sahibapur Derva, Pahadpur
Banohi, Police Station - Kunda, District – Pratapgarh

.....Applicant

(In jail since 05.08.2020)

Versus

State of U.P. ......Opposite Party

Crime No. :35 of 2020
Under Section : 2/3 of U.P.
Gangster and Anti-Social
Activities (Prevention) Act, 1986
Police Station :Kunda
District :Pratapgarh
Bail rejected by Additional
Session Judge/ F.T.C. – 1
(Gangster Court), Pratapgarh on
28.08.2020

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. 35 of 2020 under
section 2/3 of U.P. Gangster and Anti-Social
Activities (Prevention) Act, 1986 (in Police Station
– Kunda, District – Pratapgarh during the pendency
of his trial, in the interest of justice.

Lucknow (Pradeep Kumar Singh ‘Bisen’)

Advocate

Date: 28.08.2020 Counsel for the Applicant

IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLHABAD

LUCKNOW BENCH: LUCKNOW

Crl. Misc. Case No. (B) Of 2020

Shubham Singh .....Applicant

(In jail since 05.08.2020)

Versus

State of U.P. ....Opposite Party

AFFIDAVIT

(In support of first bail application)

I, Pushpraj Singh aged about 47 years son of

Shri Hridesh Singh resident of Village – Sahibapur
Derva, Pahadpur Banohi, Police Station - Kunda,
District – Pratapgarh, Religion – Hindu, Occupation –
Agriculture, Education – Intermediate, do hereby
solemnly affirm and states on oath as under, do
hereby solemnly affirm and state on oath as under :-

That the deponent is the father/pairokar of the

applicant and duly authorized by the applicant to
doing pairavi and 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 the photo of the deponent is being pasted on

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

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 08.02.2020 at about 21.26 Hours, the

informant Shri Devendra Pratap Singh, In charge
Inspector, Police Station – Kunda, District –
Pratapgarh lodged a first information report
against 04 persons including the applicant at
Case Crime No. 35 of 2020 under section 2/3 of
U.P. Gangster and Anti-Social Activities
(Prevention) Act, 1986 (hereinafter referred to
‘Gangster Act’) in Police Station – Kunda,
District – Pratapgarh. The photo and typed copy
of the first information report dated 08.02.2020
is being annexed herewith as Annexure No. 1 to
this affidavit.

That brief fact of the alleged prosecution story

is that the applicant along with his companions
is the active member of the a gang, who is
committing 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

against the applicant, the gang chart has been
approved by the District Magistrate, Pratapgarh
on 11.01.2020. 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

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

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 08.02.2020 under Section
2/3 of Gangster Act:-

Case Crime No. 154 of 2019 under Sections

8.i.

457, 380, 411, 413, 414 of I.P.C., at
Police Station – Kunda, District –

Pratapgarh, in which the charge sheet No.
155A of 2020 filed by the concerned police
on 10.01.2020. In aforesaid case, the
applicant has been released on bail by the
court concerned on 02.01.2020.

Case Crime No. 155 of 2019 under

8.ii.

Sections 457, 380, 411, 413, 414 of
I.P.C., at Police Station – Kunda,
District – Pratapgarh, in which the charge
sheet No. 159A of 2020 filed by the
concerned police on 10.01.2020. In
aforesaid case, the applicant has been
released on bail by the court concerned on
11.12.2019.

Case Crime No. 156 of 2019 under

8.iii.

Sections 457, 380, 411, 413, 414 of
I.P.C., at Police Station – Kunda,
District – Pratapgarh, in which the charge
sheet No. 160A of 2020 filed by the
concerned police on 10.01.2020. In
aforesaid case, the applicant has been
released on bail by the court concerned on
11.12.2019.

Case Crime No. 193 of 2019 under

8.iv.

Sections 457, 380, 411, 413, 414 of
I.P.C., at Police Station – Kunda,
District – Pratapgarh, in which the charge
sheet No. 161A of 2020 filed by the

concerned police on 10.01.2020. In
aforesaid case, the applicant has been
released on bail by the court concerned on
17.12.2019.
Case Crime No. 246 of 2019 under Sections

8.v.

457, 380, 411, 413, 414 of I.P.C., at
Police Station – Kunda, District –
Pratapgarh, in which the charge sheet No.
162A of 2020 filed by the concerned police
on 10.01.2020. In aforesaid case, the
applicant has been released on bail by the
court concerned on 17.12.2019.

Case Crime No. 248 of 2019 under

8.vi.

Sections 457, 380, 411, 413, 414 of
I.P.C., at Police Station – Kunda,
District – Pratapgarh, in which the charge
sheet No. 153A of 2020 filed by the
concerned police on 10.01.2020. In
aforesaid case, the applicant has been
released on bail by the court concerned on
23.12.2019.

Case Crime No. 249 of 2019 under

8.vii.

Sections 457, 380, 411, 413, 414 of
I.P.C., at Police Station – Kunda,
District – Pratapgarh, in which the charge
sheet No. 150A of 2020 filed by the
concerned police on 10.01.2020. In
aforesaid case, the applicant has been
released on bail by the court concerned on

23.12.2019.

Case Crime No. 253 of 2019 under

8.viii.

Sections 457, 380, 411, 413, 414 of
I.P.C., at Police Station – Kunda,
District – Pratapgarh, in which the charge
sheet No. 164A of 2020 filed by the
concerned police on 10.01.2020. In
aforesaid case, the applicant has been
released on bail by the court concerned on
19.12.2019.

Case Crime No. 235 of 2019 under

8.ix.

Sections 147, 148, 149, 452, 386, 504, 506
of IPC and 3(2)5 of S.T. & S.C. Act, at
Police Station – Kunda, District –
Pratapgarh. In aforesaid case, the
applicant has been released on bail by the
court concerned on 09.01.2020.

The photocopies of the orders passed by the
court concerned by which the applicant has been
enlarged on bail are being annexed herewith as
Annexure No. 3 to this application.
That it is relevant to mention here that the co-

accused of the case crime namely Shubham Singh
alias Sibbu Singh enlarged on bail by this
Hon'ble High Court vide order dated 16.06.2020 in
Crl. Misc. Case. No. 3066 (B) of 2020 (Shubham
Singh @ Sibbu Singh Vs State of U.P.). The

photocopy of the order dated 16.06.2020 passed by
this Hon'ble High Court is being annexed herewith
as Annexure No. 4 to this affidavit.
That it is relevant to mention here that the

10.

applicant is a poor villager and common man of
society. He is neither member of alleged gang as
alleged in the first information report nor
involve 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.
That it is relevant to mention here that the

11.

applicant is student and belongs to respected
family of society. The applicant is neither
member of alleged gang as alleged in the first
information report nor involves any crime as
alleged against him in the gang chart by the
informant.
That the applicant does not any committed offence

12.

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

13.

offence as alleged, hence no offence under
Sections 2/3 of U.P. Gangster and Anti-Social

Activities (Prevention) Act, 1986 relating to
Police Station – Kunda, District – Pratapgarh, is
made against him.
That it is relevant to mention here that the

14.

applicant is in jail since 05.08.2020 without
committing any offense.
That the applicant had moved his bail application

15.

bearing number 1253 of 2020 before the Bail
rejected by Additional Session Judge/ F.T.C.-I,
(Gangster Court), Pratapgarh and same has been
rejected on 28.08.2020. The free certified copy
of the bail rejection order dated 28.08.2020 is
annexed herewith as Annexure No. 5 to this
affidavit.
That the applicant will not misuse the liberty of

16.

bail if so granted by this Court.
That the applicant has no motive to commit the

17.

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

18.

absconding or tempering with the prosecution
witnesses.
That the applicant is ready to furnish personal

19.

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

20.

and necessary in the interest of justice that the
applicant be enlarged on bail during pendency of
his trial.

Lucknow
Date : 29.08.2020 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 : 29.08.2020 Deponent

I, identify the deponent, who has I, do hereby

declare that the person making this affidavit and
alleging herself to be the deponent is known to me from
the perusal of papers and I am satisfied that she 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,
Pratapgarh 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 : Pratapgarh

IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLHABAD

LUCKNOW BENCH: LUCKNOW

Crl. Misc. Case No. (B) Of 2020

Shubham Singh .....Applicant

(In jail since 05.08.2020)

Versus

State of U.P. ....Opposite Party

INDEX

Particulars Page

No.

Index

Application for Bail

Affidavit in support of bail

application
Annexure No. 1

The photo and typed copy of the first
information report dated 08.02.2020
Annexure No. 2

The photo and typed copy of the gang
chart
Annexure No. 3

The photocopies of the orders passed
by the court concerned by which the
applicant has been enlarged on bail
Annexure No. 4

The photocopy of the order dated
16.06.2020 passed by this Hon'ble High
Court
Annexure No. 5

The certified copy of the bail
rejection order dated 28.08.2020
ID proof of the deponent

Memo

10.

E-court fee receipt

11.
Lucknow (Pradeep Kumar Singh ‘Bisen’)

Advocate

Date: 28.08.2020 Counsel for the Applicant

Mobile No. 9415288732

AoR No. B/P0262

IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLHABAD

LUCKNOW BENCH: LUCKNOW

Crl. Misc. Case No. (B) Of 2020

Shubham Singh .....Applicant

(In jail since 05.08.2020)

Versus

State of U.P. ....Opposite Party

Annexure No.