| Prompt: | |
| Generate a Bail Application involving the following key legal details: | |
| - CASE: Crime No. 50 of 2021 | |
| - DISTRICT: Pratapgarh | |
| - BAIL APPLICATION: Not available | |
| --- | |
| Output: | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD | |
| LUCKNOW BENCH, LUCKNOW | |
| Crl. Misc. Case No. (B) Of 2021 | |
| Sudhakar Singh …..Applicant | |
| Versus | |
| State of Uttar Pradesh ....Opposite Party | |
| INDEX | |
| Sr.N | |
| o | |
| Particulars Page | |
| No. | |
| Application for anticipatory bail | |
| under section 438 Cr.P.C. | |
| 1. | |
| Affidavit in support of application | |
| 2. | |
| Annexure No. 1 | |
| 3. | |
| The photocopy of the order dated | |
| 17.08.2021 passed by this Session | |
| Judge, Pratapgarh | |
| Annexure No. 2 | |
| 4. | |
| The photo/typed copy of the First | |
| Information Report dated 03.04.2021 | |
| Annexure No.3 | |
| 5. | |
| The photo/type copy of the | |
| certificate issued by the railway | |
| authority on 15.04.2021 | |
| Annexure No.4 | |
| 6. | |
| The photocopies of the fee receipts | |
| of the applicant’s children | |
| Annexure No.5 | |
| 7. | |
| The photocopies of the certificates | |
| related to the volleyball | |
| Annexure No. 6 | |
| 8. | |
| The photocopies of the bail order and | |
| other related documents | |
| Annexure No. 7 | |
| 9. | |
| The photocopy of the order dated | |
| 25.08.2021 passed by this Hon'ble | |
| High Court | |
| ID proof of the deponent | |
| 10. | |
| Power | |
| 11. | |
| Lucknow (Pradeep Kumar Singh “Bisen”) | |
| Advocate | |
| Dated : .09.2021 Counsel for the applicant | |
| Mobile No. 9415288732 | |
| AoR No. B/P0262 | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD | |
| LUCKNOW BENCH, LUCKNOW | |
| Crl. Misc. Case No. (B) Of 2021 | |
| Sudhakar Singh aged about 38 years son of Shri Kunj | |
| Bihari Singh resident of Village – Purmai Sultanpur, | |
| Police Station – Maheshganj, District – Pratapgarh | |
| presently residing at House No. 20/71, Sector – 20, | |
| Indira Nagar, Lucknow | |
| ....Applicant | |
| Versus | |
| State of Uttar Pradesh .....Opposite Party | |
| Case Crime No. 50 of 2021 | |
| U/s 420, 467, 468, 471, 272, 273 of I.P.C., | |
| 60(2), 63, 60A, of U.P. Excise Act, 1910,63A of | |
| Copyright Act,1957 and 103, 104 of The Trade and | |
| Merchandise Marks act, 1958. | |
| Police Station – Hathigawan | |
| District – Pratapgarh | |
| Anticipatory Bail Application | |
| No. 1507 of 2021 has been rejected by | |
| Sessions Judge, Pratapgarh on 17.08.2021 | |
| APPLICATION FOR ANTICIPATORY BAIL | |
| UNDER SECTION 438 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 | |
| anticipatory bail to the applicant in connection with | |
| Case Crime No. 50 of 2021 under Sections 420, 467, 468, | |
| 471, 272, 273 of I.P.C., 60, 60A, 63 of U.P. Excise | |
| Act, 1910, 63A of Copyright Act,1957 and 103, 104 of | |
| The Trade and Merchandise Marks act, 1958 at Police | |
| Station – hathigawan, District – Pratapgarh, in the | |
| interest of Justice. | |
| Lucknow (Pradeep Kumar Singh “Bisen”) | |
| Advocate | |
| Dated : .09.2021 Counsel for the applicant | |
| Case Crime No. 50 of 2021 | |
| U/s 420, 467, 468, 471, 272, 273 of I.P.C., | |
| 60, 60A, 63 of U.P. Excise Act, 1910, ,63A of | |
| Copyright Act,1957 and 103, 104 of The Trade and | |
| Merchandise Marks act, 1958 | |
| Police Station –Hathigawan | |
| District – Pratapgarh | |
| Anticipatory Bail Application | |
| No. 1508 of 2021 has been rejected by | |
| Sessions Judge, Pratapgarh on 17.08.2021 | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD | |
| LUCKNOW BENCH, LUCKNOW | |
| Crl. Misc. Case No. (B) Of 2021 | |
| Sudhakar Singh | |
| …..Applicant | |
| Versus | |
| State of Uttar Pradesh | |
| ....Opposite Parties | |
| AFFIDAVIT | |
| (In support of bail application) | |
| I, Sudhakar Singh aged about 38 years son of Shri | |
| Kunj Bihari Singh resident of Village – Purmai | |
| Sultanpur, Police Station – Maheshganj, District – | |
| Pratapgarh presently residing at House No. 20/71, | |
| Sector – 20, Indira Nagar, Lucknow, Religion – Hindu, | |
| Occupation – Government Servant, Education – | |
| Intermediate do hereby solemnly affirm and states on | |
| oath as under :- | |
| That the deponent is the applicant himself in | |
| 1. | |
| aforesaid application and as such he is fully | |
| conversant with the facts of the case, deposed to | |
| hereunder. The photo verification slip issued by | |
| the Awadh Bar Association, Lucknow of the deponent | |
| is affixed on the affidavit and his ID proof is | |
| enclosed with the affidavit. | |
| That the concerned police is intended to arrest to | |
| 2. | |
| the applicant with connection to the First | |
| Information Report dated 03.04.2021 lodged by the | |
| informant namely Shri Doodnath Singh Yadav, | |
| Station House Officer against the applicant and 18 | |
| other persons alongwith Unknown persons as Case | |
| Crime No.50 of 2021 under Sections 420, 467, 468, | |
| 471, 272, 273 of I.P.C., 60, 60A, 63 of U.P. | |
| Excise Act, 1910, ,63A of Copyright Act,1957 and | |
| 103, 104 of The Trade and Merchandise Marks act, | |
| 1958 at Police Station – Hathigawan, District – | |
| Pratapgarh. | |
| That the applicant, further declared that the | |
| 3. | |
| first information report lodged by informant under | |
| Sections 420, 467, 468, 471, 272, 273 of I.P.C., | |
| 60, 60A, 63 of U.P. Excise Act, 1910, ,63A of | |
| Copyright Act,1957 and 103, 104 of The Trade and | |
| Merchandise Marks act, 1958 at Police Station – | |
| Hathigawan, District – Pratapgarh which is not | |
| fallen under Section 438(6) of Cr.P.C.. | |
| That this is the First anticipatory bail | |
| 4. | |
| application before this Hon'ble Court, which is | |
| being filed under Section 438 of Cr.P.C., before | |
| this Hon'ble High Court and no any other | |
| anticipatory bail is being before this Hon'ble | |
| High Court or at Allahabad or before any other | |
| High Court in India, pertaining to the same | |
| subject matter. | |
| That the applicant has moved anticipatory bail | |
| 5. | |
| application bearing No. 1507 of 2021 filed before | |
| the Session Judge, Pratapgarh by the applicant has | |
| been rejected vide order dated 17.08.2021 passed | |
| by the court concerned. No other any anticipatory | |
| bail application pending before this Hon'ble High | |
| Court or rejected by this Hon'ble High Court. The | |
| photocopy of the order dated 17.08.2021 passed by | |
| the Session Judge, Pratapgarh is being annexed | |
| herewith as Annexure No. 01 to this application. | |
| That the First Information Report dated 03.04.2021 | |
| 6. | |
| lodged by the informant as Case Crime No.50 of | |
| 2021 under Sections 420, 467, 468, 471, 272, 273 | |
| of I.P.C., 60, 63 of U.P. Excise Act, 1910, 63A of | |
| Copyright Act,1957 and 103, 104 of The Trade and | |
| Merchandise Marks act, 1958 at Police Station – | |
| Hathigawan, District– Pratapgarh. The photo/typed | |
| copy of the First Information Report dated | |
| 03.04.2021 is being annexed herewith as Annexure | |
| No. 02 to this affidavit. | |
| That the informant lodged a first information | |
| 7. | |
| report against the several known and unknown | |
| persons on 03.04.2021 about 23.52 hours and stated | |
| the informant and his team (other police | |
| personnel) got information with regard to huge | |
| adulterated liquor and manufacturing items which | |
| were stored in Gausala\Farmhouse situated in | |
| Ibrahimpur gram sabha Parsipur. | |
| That the raid has been conducted by the informant | |
| 8. | |
| alongwith his team on 02.04.2021 time about 16.00 | |
| hours at alleged place of occurrence and seized | |
| lot of adulterated liquor and no anyone arrested | |
| by the concerned police at the time raid. | |
| That the real fact of the incident is that the | |
| 9. | |
| applicant has been falsely implicated in the case | |
| crime due to political enmity. The applicant is | |
| been implicate under the case crime in influence | |
| of one active member of the ruling party. | |
| That the informant falsely implicates the | |
| 10. | |
| 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 informant falsely implicates the | |
| 11. | |
| applicant, in the said crime, due to their own | |
| persons reasons, which is baseless and illegal due | |
| to ulterior motive. | |
| That nothing has been recovered in the regard of | |
| 12. | |
| adulterated liquor from the applicant’s possession | |
| and place in any manner by the informant. | |
| That the applicant has no concerned with the | |
| 13. | |
| recovered liquor from the alleged place by the | |
| informant. | |
| That it is further relevant to mention here that | |
| 14. | |
| neither any other evidence against the applicant | |
| nor there is hope to found by the investigation | |
| officer as nothing has been done by the applicant. | |
| That the applicant is innocent and belongs to a | |
| 15. | |
| respected family and has good reputation being | |
| national player of volleyball. | |
| That the applicant is presently serving to the | |
| 16. | |
| Central Government and is posted as Point-man, at | |
| Northern Railways, District – Sultanpur. The | |
| photo/type copy of the certificate issued by the | |
| railway authority on 15.04.2021 is being annexed | |
| herewith as Annexure No. 03 to this application. | |
| That the applicant had shifted to Lucknow along | |
| 17. | |
| with his family since long back and he rarely | |
| visits his village. | |
| That the children of the applicant are studying in | |
| 18. | |
| class VIII & III City Montessori School, Indira | |
| Nagar, Lucknow. The photocopies of the fee | |
| receipts of the applicant’s children are being | |
| annexed herewith as Annexure No. 04 to this | |
| application. | |
| That the applicant was National Player of | |
| 19. | |
| Volleyball and won several awards and lastly he | |
| was participated in 31st National Games, Punjab – | |
| 2001, in which he secured Silver Medal. The | |
| photocopies of the certificates related to the | |
| volleyball are being annexed herewith as Annexure | |
| No. 05 to this application. | |
| That the entire case has been made and based | |
| 20. | |
| against the applicant only on information of the | |
| police informer, which is not reliable as nothing | |
| is supported to prosecution story. | |
| That the Tanki test of alleged adulterated liquor | |
| 21. | |
| has not been conducted by the Excise Officer | |
| concerned and even prior to information regarding | |
| said liquor, while the Excise Inspector was | |
| present at time of alleged raid, even the | |
| informant and Excise Inspector were themselves not | |
| assured that the recovered liquor is adulterated. | |
| That on bare perusal of the first information | |
| 22. | |
| report, it is also evident that there were no | |
| independent witnesses of raid conducted by the | |
| informant, which also creates doubts upon the | |
| story of the informant, which itself concocted and | |
| false. | |
| That the first information report lodged prior to | |
| 23. | |
| the raid and preparation of the recovery memo, on | |
| basis which the first information report lodged by | |
| the informant. | |
| That till date there is no any chemical report | |
| 24. | |
| stating that the recovered liquor was obnoxious or | |
| spurious for human consumption. | |
| That the applicant is falsely implicated in | |
| 25. | |
| 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.50 of 2021 under Sections 420, | |
| i. | |
| 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, this is the | |
| present case, in which the applicant is being | |
| filing the anticipatory bail before this | |
| Hon'ble High Court. | |
| Case Crime No.49 of 2021 under Sections 420, | |
| ii. | |
| 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. | |
| iii.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. | |
| Case Crime No. 48 of 2021 under section 420, | |
| iv. | |
| 467, 468, 471, 272, 273 of I.P.C., 60, 63 of | |
| U.P. Excise Act, Police Station: Hathigawan | |
| District: Pratapgarh. The applicant was not | |
| named in the First information Report his name | |
| was added by the investigation officer during | |
| the investigation. | |
| Case Crime No. 125 of 2021 under Sections 420, | |
| v. | |
| 467, 468, 471, 272, 273 of I.P.C., 60A, 60 of | |
| U.P. Excise Act, 1910, at Police Station – | |
| Kunda, District – Pratapgarh. | |
| Case Crime No. 121 of 2021 under Sections 3/25 | |
| vi. | |
| Arms Act registered at Police Station – | |
| Maheshganj, District – Pratapgarh. | |
| That the aforesaid 6 cases are recently lodged | |
| under the political pressure of the local | |
| politician. The applicant moved the | |
| anticipatory bail application in court below, | |
| in case mentioned at serial No. (i) to (iv), | |
| which are rejected by the court concerned | |
| except mentioned at serial No. (ii). | |
| vii.Case Crime No. 15 of 2016 under Sections 420, | |
| 467, 468, 471, 272, 273 of I.P.C., registered | |
| at Police Station – Maheshganj, District – | |
| Pratapgarh, in which the investigation is going | |
| on. | |
| Case Crime No. 517 of 2016 under Sections | |
| viii. | |
| 420, 467, 468, 471, 272, 273 of I.P.C., 60, 63 | |
| of U.P. Excise Act, 1910, 63 of Copyright Act, | |
| 1957 registered at Police Station – Mil Area, | |
| District – Raebareli, in which the applicant | |
| released on bail. | |
| Case Crime No. 17 of 2016 under Section 135 The | |
| ix. | |
| Electricity Act registered at Police Station – | |
| Maheshganj, District – Pratapgarh, in which the | |
| applicant has paid the bill but the concerned | |
| police in malafide manner submitted the charge | |
| sheet against the applicant. | |
| Case Crime No. 178 of 2014 under Sections 420, | |
| x. | |
| 467, 468, 471, 272, 273, 427 of I.P.C., 60, 63 | |
| of U.P. Excise Act, 1910, 3/4 of Copyright Act, | |
| 1957 and 103, 104 of The Trade and Merchandise | |
| Marks Act, 1958 registered at Police Station – | |
| Maheshganj, District – Pratapgarh, in which the | |
| charge sheet has been submitted by concerned | |
| police and the applicant is exonerated from the | |
| said case crime as he was falsely implicated in | |
| case. | |
| Case Crime No. 44 of 2018 under Sections 420, | |
| xi. | |
| 467, 468, 471, 272, 273 of I.P.C., 60, 63 of | |
| U.P. Excise Act, 1910 registered at Police | |
| Station – Nawabganj, District – Pratapgarh, in | |
| which the charge sheet has been submitted by | |
| concerned police and the applicant is | |
| exonerated from the said case crime as he was | |
| falsely implicated in case. | |
| xii.Case Crime No. 513 of 2010 under Sections 307, | |
| 323, 325, 364, 395, 427 of I.P.C. and 7 of | |
| Criminal Law Amendment Act registered at Police | |
| Station – Kunda, District – Pratapgarh, in | |
| which the applicant is released on bail by this | |
| Hon'ble High Court. | |
| The photocopies of the bail order and other | |
| related documents are being annexed herewith as | |
| Annexure No. 06 to this application. | |
| That the Hon'ble High Court granted anticipatory | |
| 26. | |
| bail in Case Crime NO. 125/2021 Under Section 420, | |
| 467, 468, 471, 272, 273 of I.P.C and 60, 60 A, 63 | |
| of U.P Excise Act,1910 at Police Station- Kunda | |
| Pratapgarh to the accused namely Raj Pratap Singh | |
| Alias Shekhar Singh Vs state of U.P and other in | |
| Anticipatory Bail No. 7291 of 2021 vide order | |
| dated 25.08.2021. The photocopy of the order dated | |
| 25.08.2021 passed by this Hon'ble High Court is | |
| being annexed herewith as Annexure No. 07 to this | |
| application. | |
| That if the applicant will arrested, the applicant | |
| 27. | |
| will suffer irreparable loss and injury as the | |
| applicant has not committed any offence. | |
| That there is no chance of the applicant | |
| 28. | |
| absconding or tempering with the prosecution | |
| witnesses. | |
| That the applicant is ready to furnished the | |
| 29. | |
| security and bond and also undertake that he will | |
| be never misused liberty of anticipatory bail. | |
| That in view of the above, it would be expedient | |
| 30. | |
| and necessary in the interest of justice that the | |
| applicant be enlarged on anticipatory bail in | |
| connection with Case Crime No.50 of 2021 under | |
| Sections 420, 467, 468, 471, 272, 273 of I.P.C., | |
| 60, 60A, 63 of U.P. Excise Act, 1910, ,63A of | |
| Copyright Act,1957 and 103, 104 of The Trade and | |
| Merchandise Marks act, 1958 at Police Station – | |
| Hathigawan, District – Pratapgarh, in the interest | |
| of Justice, during pendency of case. | |
| Lucknow | |
| Date: .09.2021 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 | |
| Date : .09.2021 Deponent | |
| I, identify the deponent and 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 as | |
| per identity shown by him. | |
| Advocate | |
| Solemnly affirmed before me on | |
| at A.M./P.M. by the deponent, named above, | |
| 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. | |
| 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 | |
| Crl. Misc. Case No. (B) Of 2021 | |
| Sudhakar Singh | |
| …..Applicant | |
| Versus | |
| State of Uttar Pradesh | |
| ....Opposite Party | |
| Annexure No. | |