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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
Rajpal Rawat son of Shri Shatrohan resident of Village
–Dhakawa, Police Station – Gossaiganj, District –
Lucknow
.....Applicant
(In Jail from 17.10.2017)
Versus
State of Uttar Pradesh .....Opposite Party
Case Crime No. 406 of 2017
Under Sections 420, 467, 468,
471, 120B, 34, 506 I.P.C.
Police Station – Gossaiganj
District – Lucknow
Bail application rejected
by Special Judge, C.B.I.,
Room No. 3, Lucknow, on 30.03.2018
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. 3, Lucknow, on 30.03.2018
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 17.10.2017)
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 17.10.2017,
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, C.B.I.,
Room No. 3, Lucknow, and his bail application has
been rejected by the court concerned on
30.03.2018. The copy of the order dated 30.03.2018
passed by court concerned is being annexed as
Annexure No. 04 to this application.
That it is relevant to mention here that the free
22.
copy of the bail rejection order dated 30.03.2018
has been misplaced by the deponent due to which
the same has been not brought on record before
this Hon'ble High Court. The another certified
copy of the bail rejection order dated 30.03.2018
has been annexed with this affidavit.
That the applicant in jail since 17.10.2017
23.
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
24.
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
25.
conviction because he has not committed the crime
in question as alleged by the informant.
That the applicant undertakes that he will not
26.
misuse the liberty of bail if so granted by this
Court.
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 : .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 17.10.2017)
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
30.03.2018 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
Chandra Pal Versus State of U. P.
Type copy of the Annexure No.
11-07-2017
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