| Prompt: | |
| Generate a Bail Application involving the following key legal details: | |
| - CASE: Crime No. 632 of 2014 | |
| - 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 2015 | |
| Badshah alias Dada son of Hemant Singh resident of | |
| Dahilamau, Police Station – Kotawali Nagar, District – | |
| Pratapgarh | |
| .....Applicant | |
| (In Jail) | |
| Versus | |
| State of Uttar Pradesh | |
| .....Opposite Party | |
| Case Crime No. 632 of 2014 | |
| Under section 452, 323, 504, 506, 354B, | |
| And 7/8 The Protection of Children | |
| From Sexual Offences Act, 2012 | |
| Police Station – Kotwali Nagar | |
| District – Pratapgarh | |
| Bail application rejected by the, | |
| Additional Sessions Judge, Room No. 1, | |
| Pratapgarh on 18.09.2015 | |
| 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 : .2015 Counsel for the applicant | |
| Case Crime No. 632 of 2014 | |
| Under section 452, 323, 504, 506, 354B, | |
| And 7/8 The Protection of Children | |
| From Sexual Offences Act, 2012 | |
| Police Station – Kotwali Nagar | |
| District – Pratapgarh | |
| Bail application rejected by the, | |
| Additional Sessions Judge, Room No. 1, | |
| Pratapgarh on 18.09.2015 | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD, | |
| LUCKNOW BENCH, LUCKNOW | |
| Criminal Misc. Case No. (B)of 2015 | |
| Badshah alias Dada ...Applicant | |
| (In Jail) | |
| Versus | |
| State of Uttar Pradesh ....Opposite Party | |
| AFFIDAVIT | |
| (In support of bail application) | |
| I, Suraj Kumar Singh aged about 18 years son of | |
| Hemant Singh resident of Dahilamau, Police Station – | |
| Kotawali Nagar, District – Pratapgarh, Religion – | |
| Hindu, Education – Literate, Occupation – Perusing | |
| B.Sc. II year , do hereby solemnly affirm and state on | |
| oath as under :- | |
| That the deponent is the real brother of the | |
| 1. | |
| applicant and duly authorized by the applicant | |
| for doing pairvi of the case/ 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 one another & two unmanned persons | |
| on 31.07.2014 at 17.30 hours by the informant | |
| Ghanshyam Rawat under Section 452, 323, 504, 506, | |
| 354B I.P.C. and under Section 7/8 The Protection | |
| of Children From Sexual Offences Act, 2012 at | |
| Police Station – Kotwali Nagar, District – | |
| Pratapgarh. The photocopy of the first | |
| information report dated 31.07.2015 is being | |
| annexed as Annexure No. 01 to this application. | |
| That as per first information report, the alleged | |
| 4. | |
| incident took place on 31.07.2014 at 01.00 P.M. | |
| as the applicant with other accused on | |
| 31.07.2014, when the daughter of the informant | |
| namely Ku. Rajni came back from her school, the | |
| accused persons beaten the daughter of the | |
| informant and also abusing to her. | |
| That the real incident is that, being resident of | |
| 5. | |
| same locality of the accused and the informant, | |
| the daughter of the informant and accused/ | |
| applicant quarreled for passing the cycle on the | |
| road, when the victim returning home from her | |
| school. | |
| That thereafter informant become annoyed and | |
| 6. | |
| decided to punished the accused person and for | |
| that purpose the informant putting the gravity of | |
| the case lodged the said first information report | |
| on the false ground and reason. | |
| That from perusal of the first information | |
| 7. | |
| report, it is clear that the Section 7/8 The | |
| Protection of Children from Sexual Offences Act, | |
| 2012 is not made against the applicant as the | |
| nothing was alleged and mentioned in first | |
| information report and as well as statement of | |
| the victim, which is essential element of the | |
| Section 7 of The Protection of Children From | |
| Sexual Offences Act, 2012. The fact itself | |
| creates doubt on the genuineness of the first | |
| information report. The type of the statement of | |
| the victim is being annexed as Annexure No. 02 to | |
| this application. | |
| That the medical of the victim done at District | |
| 8. | |
| Hospital, Pratapgarh on 31.07.2014 and as per | |
| medical report the one injury shown which is | |
| simple in nature. The photo/ type copy of the | |
| medical report dated 31.07.2014 is being annexed | |
| as Annexure No. 03 to this application. | |
| That the statement of the informant has been | |
| 9. | |
| recorded by the concerned police under Section | |
| 161 of Cr.P.C. on 31.07.2014 and also alleged | |
| eyewitnesses therein all repeat the first | |
| information report, nothing has been changed in | |
| their statements. The type copies of the | |
| informant and alleged eyewitness are being | |
| annexed collectively as Annexure No. 04 to this | |
| application. | |
| That alleged eyewitness produced by the informant | |
| 10. | |
| are not really eyewitnesses as the said incident | |
| not took place, they are well managed produced by | |
| the informant. | |
| That a minor quarreled between the victim and | |
| 11. | |
| accused but due to ego of the informant, he | |
| cooked false incident and implicate the | |
| applicant. | |
| That the alleged incident is said to have been | |
| 12. | |
| taken place in broad day and it is also | |
| impossible to the applicant to tried as alleged | |
| by the informant. | |
| That there is no credible evidence on record | |
| 13. | |
| which could show that the applicant is guilty or | |
| committed the crime in question and the evidence | |
| available on record itself show that no prima- | |
| facie offence under Section 452, 323, 504, 506, | |
| 354B I.P.C. and under Section 7/8 The Protection | |
| of Children From Sexual Offences Act, 2012 is | |
| made out against the applicant. | |
| That the applicant is student and belongs to | |
| 14. | |
| respected family of the society also and due to | |
| ego of the informant he falsely implicated in the | |
| said case crime. | |
| That since the applicant has not committed any | |
| 15. | |
| offence as alleged but he has been falsely | |
| implicated in the case by the informant in | |
| malafide intention. | |
| That the applicant moved bail application bearing | |
| 16. | |
| No. 1528 of 2015 before Additional Sessions | |
| Judge, Room No. 1, Pratapgarh and his bail | |
| application has been rejected by the court | |
| concerned on 18.09.2015. Certified copy of the | |
| bail rejection order dated 18.09.2015 is being | |
| annexed as Annexure No. 05 to this application. | |
| That the applicant in jail since 14.09.2015. | |
| 17. | |
| That the applicant has no criminal history except | |
| 18. | |
| the aforesaid false case and not likely to hope | |
| in future to commit any offence. | |
| 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 : 2015 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 | |
| Dated: 2015 Deponent | |
| I, identify the deponent on the basis of the record | |
| produced by the deponent, who has signed before me. | |
| Advocate | |
| Solemnly affirmed before me on | |
| at A.M./P.M. by the deponent, who has been | |
| identified by Sri Prabhat Kumar Mishra, Advocate, High | |
| Court, Lucknow, Bench, Lucknow. Enrollment No. 8078 of | |
| 2011, resident Nigohan, Lucknow. Mobile No. 8004776600 | |
| 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 2015 | |
| Badshah alias Dada ...Applicant | |
| (In Jail) | |
| 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 | |
| 31.07.2015 | |
| Annexure No. 2 | |
| 4. | |
| The type of the statement of the | |
| victim | |
| Annexure No. 3 | |
| 5. | |
| The photo/ type copy of the | |
| medical report dated 31.07.2014 | |
| Annexure No. 4 | |
| 6. | |
| The type copies of the informant | |
| and alleged eyewitness | |
| Annexure No. 5 | |
| 7. | |
| Certified copy of the bail | |
| rejection order dated 18.09.2015 | |
| Memo | |
| 8. | |
| Lucknow (Dr. Gyan Singh) | |
| Advocate | |
| Dated : .2015 Counsel for the applicant | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW | |
| BENCH, LUCKNOW | |
| Criminal Misc. Case No. (B)of 2015 | |
| Badshah alias Dada ...Applicant(In Jail) | |
| Versus | |
| State of Uttar Pradesh ....Opposite Party | |
| Annexure No. 2 | |
| Type copy | |
| Examined Rajni Rawat aged 15 F daughter of Ghanshyam | |
| Rawat resident of Dahilamau, Police Station – Kotwali | |
| Ngar, dated 31.07.2014 at 5.55P.M. | |
| B/B Sharita Dubey HG 1076, Police Station – Kotwali | |
| Nagar | |
| A black mole on the lower lip medial | |
| Injries | |
| Abrasion 1cm*.2cm on the Lt. forearm 7 cm below | |
| 1. | |
| from Lt. elbow joint red color. | |
| Opinion – Injury is simple in nature. Caused by rab and | |
| object duration fresh. | |
| Rt. I attested Sd. Illegible | |
| EMO EMO | |
| District Hospital District Hospital | |
| Pratapgarh Pratapgarh | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW | |
| BENCH, LUCKNOW | |
| Criminal Misc. Case No. (B)of 2015 | |
| Badshah alias Dada ...Applicant(In Jail) | |
| Annexure No. 3 | |
| c;ku et:c%& jtuh jkor iq=h ?ku”;ke jkor fu0 nfgykeÅ Fkkuk | |
| dksrokyh uxj izrkix< iwNus ij crk;k fd ?kVuk vkt yxHkx 1 cts fnu | |
| dh gSA Ldwy ls i<dj vius ?kj igqaph rks eSaus viuh lkbfdy [kMh | |
| djh Fkh iMksl ds nks yMds ckn’kkg mQZ nknk iq= gseUr flag] | |
| vfer iky iq= rqylhjke iky nks vU; yMds ftUgsa eSa igpkurh ugha | |
| gWw [kMs Fks eSa lkbfdy [kMh dj ?kj ds vanj ?kwl x;h rks | |
| mijksDr pkjksa yMds vanj ?kj esa ?kql vk;s vkSj xyr uh;r ls esjs | |
| lkFk tksj tcjtLrh djus yxs vkSj cykRdkj djus dh uh;r ls esjs diMs | |
| QkM Mkys esjs fojks/k djus ij eq>s ykr ?kwlk FkIiM ls ekjs ihVs | |
| o Hkn~nh xkyh nsus yxs eSaus tc 'kksj epk;k rks gekjs iMksl ds | |
| vkse izdk”k flag ekSds ij igqaps rks oks pkjksa yksx mudks Hkh | |
| xkyh xykSt nsus yxs o esjk HkkbZ Hkh ckgj ls ekSds ij igqapk | |
| rks mldk eksckby Nhu fy, /khjs /khjs vkl ikl ds yksx Hkh vkds | |
| bdB~Bk gksus yxs rks eksckby Qasddj tku ls ekjus dh /kedh | |
| nsrs gq, Hkkx x;sA ftlds ckn ge Fkkuk x;s eqdnek fy[kk;k o viuh | |
| MkDVjh bykt djk;hA ;gh esjk c;ku gSA | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW | |
| BENCH, LUCKNOW | |
| Criminal Misc. Case No. (B)of 2015 | |
| Badshah alias Dada ...Applicant(In Jail) | |
| Annexure No. 4 | |
| c;ku oknh%& ?ku”;ke jkor iq= ekrk izlkn jkor fu0 nfgykeÅ | |
| Fkkuk dksrokyh uxj izrkix< iwNus ij crkrk gS fd ?kVuk vkt nksigj | |
| yxHkx 1 cts dh gS esjh yMdh jtuh mez yxHkx 15 o"kZ d{kk 9 dh | |
| Nk=k gSA Ldwy ls ?kj okil vk;h rks cxy ds nks yMds ckn”kkg | |
| mQZ nknk iq= gseUr flag] vfer iky iq= rqylhjke iky fu0 nfgykeÅ | |
| Fkkuk dks0 uxj] izrkix< o nks vU; yksx ftUgsa igpku u lds esjh | |
| yMdh tc lkbfdy [kMh djds ?kj ds vanj ?kqlh rks mijksDr pkjksa | |
| yksx ?kj ds vanj ?kql x;s rFkk esjh yMdh ds lkFk tksj tcjtLrh ls | |
| cykRdkj djus dh dksf”k”k fd;s rFkk euk djus ij pkjksa yMdksa us | |
| esjh yMdh dks ykr ?kwlk ewdk FkIiM ls ekjk ihVk rFkk xkyh | |
| xqIrk nsus yxs o mlds lkFk NsM[kkuh djus yxs esjh yMdh ds | |
| fpYykus ij esjs iMkslh vkse izdk’k nkSMdj vk;s rks mUgsa Hkh | |
| xkyh xqIrk nsus ysxs blh nkSjku izkFkhZ dk yMdk Hkh ekSds ij | |
| igqapk rks mldk eksckby Nhu fy, ckn esa yksxksa dh HkhM | |
| bdB~Bk gksus ij eksckby Qsad dj tku ls ekjus dh /kedh nsrs gq, | |
| pys x;s ;gh esjk c;ku gSA | |
| c;ku xokg p”enhn%& vkse izdk”k iq= pUnz Hkku flag fu0 | |
| nfgykeÅ Fkkuk dksrokyh uxj izrkix< iwNus ij crkrk gS fd ?kVuk | |
| vkt yxHkx 1 cts dh gSA eSa vius ?kj ij ekStwn Fkk eq>s ?ku’;ke | |
| jkor ds ?kj ls fpYykus dh vkokt lqukbZ nh eSa nkSMdj ekSds ij | |
| igqapk rks ns[kk fd iMksl ds yMds ckn”kkg mQZ nknk iq= | |
| gseUr flag] vfer iky iq= rqylhjke iky nks vU; yMds vKkr ftUgsa | |
| eSa igpkurk ugha gWw ?ku’;ke jkor ds ?kj ds vanj mldh yMdh | |
| ds lkFk NsMNkM dj jgs Fks eSaus tc mudks euk fd;k rks oks | |
| yksx eq>s xkyh xqIrk nsus yxs o jtuh jkor dks ykr ?kwalk o | |
| FkIiM ls ekjus yxs 'kksj lqudj /khjs /khjs dkQh yksx bdB~Bk | |
| gksus yxs blh chp ?ku”;ke dk yMdk lqHkk"k jkor Hkh igaqp x;k | |
| ftldk og yksx eksckby Nhu fy;k o HkhM ns[kdj og yksx eksckby | |
| Qasd dj tku ls ekjus dh /kedh nsrs gq, pys x;sA eSaus ?kVuk | |
| dks ns[kk gS ;gh esjk c;ku gSA | |