| Prompt: | |
| Generate a Bail Application involving the following key legal details: | |
| - CASE: Crime No. 36 of 2016 | |
| - 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 2017 | |
| Mohd. Zuber son of Arkhul Rahman, resident of Village – | |
| Bachhandamau, Police Station – Hathgawan, District – | |
| Pratapgarh | |
| .....Applicant | |
| (In Jail from 26.02.2016) | |
| Versus | |
| State of Uttar Pradesh .....Opposite Party | |
| Case Crime No. 36 of 2016 | |
| U/s 302, 307, 504, 506, 34 I.P.C. | |
| and 7, Criminal Law Amendment Act | |
| P.S. – Manikpur | |
| District – Pratapgarh | |
| Bail application rejected by the | |
| Special/ Additional Sessions Judge, Pratapgarh on 02.08.2017 | |
| 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 (Dr. Gyan Singh) | |
| Advocate | |
| Dated : .2017 Counsel for the applicant | |
| Case Crime No. 36 of 2016 | |
| U/s 302, 307, 504, 506, 34 I.P.C. | |
| and 7, Criminal Law Amendment Act | |
| P.S. – Manikpur | |
| District – Pratapgarh | |
| Bail application rejected by the | |
| Special/ Additional Sessions Judge, | |
| Pratapgarh on 02.08.2017 | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD, | |
| LUCKNOW BENCH, LUCKNOW | |
| Criminal Misc. Case No. (B)of 2017 | |
| Mohd. Zuber ...Applicant | |
| (In Jail from 26.02.2016) | |
| Versus | |
| State of Uttar Pradesh ....Opposite Party | |
| AFFIDAVIT | |
| (In support of bail application) | |
| I, Hazifur Rahman son of Arkhul Rahman, resident of | |
| Village – Bachhandamau, Police Station – Hathgawan, | |
| District – Pratapgarh Religion – Muslim, Education – | |
| Literate, Occupation – Agriculture, do hereby solemnly | |
| affirm and state on oath as under :- | |
| That the deponent is the brother of the applicant | |
| 1. | |
| and 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. 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 3 | |
| named and 3 unnamed persons on 25.02.2016 at | |
| 00.15 hours by the informant namely S.O., Police | |
| Station – Manikpur, Shri Pramod Kumar Singh under | |
| Sections 302, 307, 504, 506, 34 I.P.C. and 7, | |
| Criminal Law Amendment Act at Police Station – | |
| Manikpur, District – Pratapgarh with regard to | |
| murder of on duty Homeguard Mahadev Prasad | |
| (hereinafter referred to as deceased). The | |
| alleged incident was took place on 24.02.2016 | |
| around 23.30 hours. The photocopy of the first | |
| information report dated 25.02.2016 is being | |
| annexed as Annexure No. 01 to this application. | |
| That it is relevant to mention here that the | |
| 4. | |
| applicant is not named in the first information | |
| report. According to the first information report | |
| lodged on 25.02.2016 by informant, in which he | |
| alleged that around 23.30 hours the most wanted | |
| criminal of area along with others criminals | |
| fired and bombard on the Police Station – | |
| Manikpur and run away from incident place. The | |
| informant and his companions tried to catch him | |
| failed to do so. | |
| That the post mortem was conducted at District | |
| 5. | |
| Hospital, Pratapgarh on 25.02.2016 by the doctor | |
| concerned. The cause of death ascertained as | |
| “Shock due to coma as a result of Anti-mortem | |
| firearm injury”. The photo/typed copy of the post | |
| mortem report dated 25.02.2016 is being annexed | |
| as Annexure No. 02 to this application. | |
| That the concerned police arrested the accused of | |
| 6. | |
| the said case crime namely Shiva alias Shivmani | |
| Tiwari and Vikash Mishra and they were given | |
| their confessional statement before the concerned | |
| police but they have said the name of the | |
| applicant. The typed copy of the confessional | |
| statement of the accused Shiva alias Shivmani | |
| Tiwari is being annexed herewith collectively as | |
| Annexure No. 03 to this application. | |
| That the concerned police was called the | |
| 7. | |
| applicant on 26.02.2016 for some queries with | |
| regard to incident and falsely implicate him in | |
| said crime case for ulterior motive. The | |
| concerned police forcefully taken confessional | |
| statement of the applicant and on said basis he | |
| was in jail. The typed copy of the confessional | |
| statement of the applicant is being annexed as | |
| Annexure No. 04 to this application. | |
| That the concerned police without proper | |
| 8. | |
| investigation, the investigating officer | |
| submitted charge sheet bearing No. 48 of 2016 | |
| dated 19.05.2016 against the applicant and 3 | |
| others persons. | |
| That the real story is this; the applicant is | |
| 9. | |
| common and law abiding citizen, on 26.02.2016, | |
| the applicant was called by the concerned police | |
| for the asking about the incident took place at | |
| Police Station – Manikpur but he was arrested by | |
| the concerned police and concerned police | |
| forcefully taken his confessional statement and | |
| falsely implicate. The applicant falsely | |
| implicate in several cased thereafter. | |
| That neither the applicant has motive nor any | |
| 10. | |
| motive has been assigned to him to commit the | |
| crime in question and the motive to commit the | |
| crime in question has been assigned by the | |
| concerned police. | |
| That the applicant has no concerned with the | |
| 11. | |
| murder of the deceased in any manner as alleged | |
| by the concerned police and allegation against | |
| the applicant and also the prosecution story is | |
| totally against the evidence and same is not | |
| reliable in manner so far concerned to the | |
| applicant. | |
| That there is no credible evidence on record | |
| 12. | |
| which could show that the applicant is guilty or | |
| committed the crime in question, except his | |
| confessional statement, which was taken | |
| forcefully by the concerned police and the | |
| evidence available on record itself show that no | |
| prima-facie offence under Section 302, 307, 504, | |
| 506, 34 I.P.C. and 7, Criminal Law Amendment Act | |
| at Police Station – Manikpur, District – | |
| Pratapgarh is made out against the applicant. | |
| That the applicant has no motive to commit the | |
| 13. | |
| alleged crime and false motive which given in | |
| case, is cooked and fabricated by the concerned | |
| police. | |
| That since the applicant has not committed any | |
| 14. | |
| offence as alleged but he has been falsely | |
| implicated in the case by the informant/concerned | |
| police in malafide intention. | |
| That the applicant moved bail application bearing | |
| 15. | |
| No. 941 of 2017 before Special/ Additional | |
| Sessions Judge, Pratapgarh and his bail | |
| application has been rejected by the court | |
| concerned on 02.08.2017. Certified copy of the | |
| bail rejection order dated 02.08.2017 passed by | |
| the court below is being annexed as Annexure No. | |
| 05 to this application. | |
| That two other co-accused of the aforesaid case | |
| 16. | |
| crime namely Pradeep Kumar Tiwari alias Rohit and | |
| Vipin Kumar Pandey, have been released on bail by | |
| this Hon'ble Court. The photocopy of the orders | |
| passed by this Hon'ble Court is being annexed as | |
| Annexure No. 06 to this application. | |
| That the applicant in jail since 26.02.2016 | |
| 17. | |
| without committing any offence. The applicant has | |
| not convicted ever before. | |
| That after arresting the applicant the concerned | |
| 18. | |
| police falsely implicate the applicant in several | |
| cases as under: | |
| i.Case Crime No. 36 of 2016 under Section 302, | |
| 307, 504, 506, 34 IPC, Police Station – | |
| Manikpur, District – Pratapgarh. | |
| Case Crime No. 37 of 2016 under Section | |
| ii. | |
| 307 IPC, Police Station – Manikpur, District – | |
| Pratapgarh. | |
| Case Crime No. 38 of 2016 under Section | |
| iii. | |
| 3/25 Arms Act, Police Station – Manikpur, | |
| District – Pratapgarh. | |
| Case Crime No. 41 of 2016 under Section | |
| iv. | |
| 307, 504, 506 IPC and 7, Criminal Law Amendment | |
| Act, Police Station – Hathigawan, District – | |
| Pratapgarh. | |
| v.Case Crime No. 22 of 2016 under Section 396, | |
| 412 IPC, Police Station – Nawabganj, District – | |
| Pratapgarh. | |
| That there is no chance of the applicant | |
| 19. | |
| absconding or tempering with the prosecution | |
| witnesses. | |
| That the applicant is ready to furnished the | |
| 20. | |
| 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 | |
| 21. | |
| and necessary in the interest of justice that the | |
| applicant be enlarged on bail during pendency of | |
| case. | |
| Lucknow | |
| Date : .10.2017 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 : .10.2017 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. | |
| Ashok Kumar Mishra | |
| Advocate Clerk | |
| Reg. No. | |
| Solemnly affirmed before me on | |
| at A.M./P.M. by the deponent above named, who | |
| has been identified by Sri Ashok Kumar Mishra clerk Dr. | |
| Gyan Singh, Advocate, High Court, Lucknow, Bench, | |
| Lucknow. Enrolment No. 11667 of 2010, resident of 34, | |
| Pipra Ghat, Dilkusha Cantt, Lucknow, Mobile No. | |
| 9452226667 | |
| 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 2017 | |
| Mohd. Zuber ...Applicant | |
| (In Jail from 26.02.2016) | |
| 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 application | |
| 2. | |
| Annexure No. 1 | |
| 3. | |
| The photocopy of the first information | |
| report dated 25.02.2016 | |
| Annexure No. 2 | |
| 4. | |
| The photo/typed copy of the post mortem | |
| report dated 25.02.2016 | |
| Annexure No. 3 | |
| 5. | |
| The typed copy of the confessional | |
| statement of the accused Shiva alias | |
| Shivmani Tiwari | |
| Annexure No. 4 | |
| 6. | |
| The typed copy of the confessional | |
| statement of the applicant | |
| Annexure No. 5 | |
| 7. | |
| Certified copy of the bail rejection | |
| order dated 02.08.2017 passed by the | |
| court below | |
| Annexure No. 6 | |
| 8. | |
| The photocopy of the orders passed by | |
| this Hon'ble Court | |
| ID proof of the deponent | |
| 9. | |
| Memo | |
| 10. | |
| Lucknow (Dr. Gyan Singh) | |
| Advocate | |
| Dated : .10.2017 Counsel for the applicant | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD, | |
| LUCKNOW BENCH, LUCKNOW | |
| Criminal Misc. Case No. (B)of 2017 | |
| Mohd. Zuber Versus State of U. P. | |
| Annexure No. | |
| c;ku vfHk;qDr & cnfj;k¶r vfHk0 f”kok mQZ f”ko ef.k | |
| frokjh iq= ccyw frokjh fu0 izrkiiqj ijsx<] Fkkuk laxzkex<] | |
| mez djhc 19 o’kZ yxHkx LosPNk ls tqeZ Lohdkj djrs gq, | |
| crk;k fd vkt chrs jkr eSa fodkl feJk iq= f”ko “kadj feJk] | |
| bejku iq= eks0 gk:u] iznhi frokjh fu0 Hksokyiqj] | |
| laxzkex< iz0 eks0 tqcsj iq= gjeku o cky d`’.k feJk mQZ | |
| ckys uktk;l vlygksa ls ySl gksdj Fkkuk ekfudiqj esa jkf= | |
| 11-30 cts vU/kk/kqU/k Qk;fjax Qk;fjaxx o ceksa ls geykdj | |
| M~;wVh ij [kMs gksexkMZ dh gR;k dj nh Fkh rFkk | |
| fnukad 22-01-2016 dks viuh lkFkh bejku iq= eks0 gk:u o | |
| cky d`’.k feJk mQZ ckys ds lkFk feyk “kke djhc 7-00 cts | |
| Fkkuk ekfudiqj Fks dV~Vk fjokYoj Nhu fy;k FkkA esjs ikl | |
| cjken uksfd;k eksckby Qksu mlh ywV dk gSA blh rjg | |
| fnukad 03-02-2016 dks viuh mijksDr ikap lkfFk;ksa cky | |
| d`’.k mQZ ckys] bejku iq= eks0 gk:u] iznhi frokjh iq= | |
| mekdkUr frokjh eks0 tqcsj iq= jgeku] fodkl iq- fofiu | |
| dqekj iq= xk;=h izlkn ik.Ms; fuoklh jkeiqj pkSjkgk Fkkuk | |
| gksykx< tuin izrkix< Hkh cukdj gR;k o ywV fd;k FkkA | |
| vkSj ywV ls udnh o pkanh cjken gq;h FkhA 16000 | |
| gtkj :i;k feyk FkkA ftldk 7 gtkj :i;k esjh tsc ls vkt cjken | |
| gqvk gS vkt tks eks0 lk0 o mlds >ksys esa j[kh pkj ce | |
| cjken gq; gS o eks0 lk0 esjh gS ftlds dkxtkr esjs ikl ugha | |
| gSA vkt tks reapk esjs ikl ls cjken gqvk gS blh ls chrh jkr | |
| esa eSaus Qk;fjax djds M~;wVh ij [kMs xkMZ dks ekj | |
| fn;kA eq>s i”pkrki gks jgk gSA eSuas lkfFk;ksa ds | |
| cgdkos o ykyp esa lHkh crk;h ?kVuk dkfjr fd;k gSA | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD, | |
| LUCKNOW BENCH, LUCKNOW | |
| Criminal Misc. Case No. (B)of 2017 | |
| Mohd. Zuber Versus State of U. P. | |
| Annexure No. | |
| c;ku vfHk0 & okafNr eks0 tqcsj iq= jgeku Fkkuk | |
| gfFkxoka tuin izrkix< mez yxHkx 26 o’kZ tqeZ Lohdkj | |
| djrs gq, crk;k fd vkt eSa vius lkfFk;ksa cky d`’.k feJk mQZ | |
| ckys iq= lTtu yky fuoklh cNjkSyh o bejku iq= eks0 gk:u | |
| fu0 uUnk dk iqjok ds lkFk ,lvks izesUnz dqekj flag dh | |
| gR;k dh fu;r ls [kMs Fks vkSj gR;k dk iz;kl Hkh fd;k ysfdu | |
| foQy jgkA ,lvks mlds flikfg;ksa }kjk dV~Vk o ce cjken | |
| gqvkA ce ds lkFk eq>s idM fy;k x;kA ekSds ls ckys o | |
| bejku Hkkxus esa lQy jgsA ;g ?kVuk lk<s ckjg cts fnu | |
| LFkku ns”kjkt ds ikl dh gSA cky d`’.k feJk mQZ ckys ge | |
| yksxksa ds xSax yhMj gSaA cky d`’.k feJk mQZ ckys | |
| bejku] NksVw mQZ f”kok fuoklh izrkiiqj] iznhi frokjh iq= | |
| mek “kadj frokjh] fu0 Hkksykiqj Fkkuk laxzkex<] fodkl | |
| feJk iq= f”ko “kadj feJk mQZ fofiu ik.Ms; fu0 jkex< pkSjkl | |
| Fkkuk gkSykx< ds lkFk feydj fnukad 03-02-2016 dks le; | |
| yxHkx lk<s ikap cts “kke ykokuk cktkj esa ,d ifjokj dh | |
| gR;k djds :i;s o tsojkr ywV fy;s FksA eq>s bl ywV esa | |
| 16500 :i;s feys Fks rFkk fnukad 24-02-2016 dh jkr djhc | |
| lk<s 23 cts eSaus vius lkfFk;ksa cky d`’.k feJk mQZ ckys | |
| lqr lTtu yky feJk] bejku lqr eks0 gk:u fu0 f”kok mQZ | |
| f”ko ef.k frokjh iq= ccyw frokjh fu0 izrkiiqj pjgV Fkkuk | |
| laxzkex<] fodkl feJk iq= f”ko “kadj feJk fu0 /kekSj Fkkuk | |
| vUrw o iznhi frokjh iq= mekdkar frokjh fu0 laxzkex< ds | |
| lkFk feydj ,lvks izesUnz dqekj flag dh gR;k dh fu;r ls | |
| Fkkuk ekfudiqj x;s FksA ,lvks ds u feyus ij ge yksxksa us | |
| va/kk/kq/k xksfy;ka cjlkdj o ce ekj djds ogka ij [kMs ,d | |
| xkMZ dh gR;k dj nh FkhA ;gh xqukg Avijk/kA fd;s gSaA | |
| eq>ls xyrh gks x;hA eq>s {kek dj nsA vc tSlk vki yksxsa | |
| dgsxsa vkSj ifjokj okys pkgsxsa eSa ogh d:axkA | |
| fnXHkzfer gks x;k FkkA vki yksxksa ls ekQh ekaxrk | |
| gWwA vnkyr esa Hkh tks eSaus xqukg fd;s gSa mldh | |
| ekQh ekax ywaxkA vkSj tqeZ dh n.M U;k;ky; }kjk fn;k | |
| tk,xk mldks Lohdkj dj ywaxkA vc eSa vijk/k ls rkSck djrk | |
| gWwA bl izdkj vfHk0 eks0 tqcsj mijksDr }kjk viuk c;ku | |
| vafdr djk;k x;kA | |