| Prompt: | |
| Generate a Bail Application involving the following key legal details: | |
| - CASE: Crime No. 370 of 2020 | |
| - DISTRICT: Not available | |
| - BAIL APPLICATION: Not available | |
| --- | |
| Output: | |
| IN THE HON’BLE HIGH COURT F JUDICATURE AT ALLAHABAD | |
| LUCKNOW BENCH : LUCKNOW | |
| Crl. Misc. Case No. (B) Of 2020 | |
| Mohammad Iqbal aged about 40 years son of Shri Abdul | |
| kamal resident of in front of civil court, subhash | |
| nagar Kunda Police Station – Kunda, District – | |
| Pratapgarh. | |
| ....Accused- Applicant | |
| (In Jail since 20.04.2020) | |
| Versus | |
| State of U.P. ......Opposite Party | |
| Crime No. :370 of 2020 | |
| Under Section : 2/3 of U.P. | |
| Gangster and Anti-Social | |
| Activities (Prevention) Act, 1986 | |
| Police Station :Kunda | |
| District :Pratapgarh | |
| Bail No. 1655 of 2021 rejected by | |
| Additional Session Judge, Room No. | |
| 5, Special session | |
| judge( Gangster) Pratapgarh on | |
| 15.09.2021 | |
| 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. 370 of 2020 under | |
| section 2/3 of U.P. Gangster and Anti-Social | |
| Activities (Prevention) Act, 1986 registered at | |
| Police Station – Kunda, District – Pratapgarh during | |
| the pendency of his trial, in the interest of | |
| justice. | |
| Lucknow (Pradeep Kumar Singh ‘Bisen’) | |
| Advocate | |
| Date: 23.09.2021 Counsel for the Applicant | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLHABAD | |
| LUCKNOW BENCH: LUCKNOW | |
| Crl. Misc. Case No. (B) Of 2020 | |
| Crime No. :370 of 2020 | |
| Under Section : 2/3 of U.P. | |
| Gangster and Anti-Social | |
| Activities (Prevention) Act, 1986 | |
| Police Station :Kunda | |
| District :Pratapgarh | |
| Bail No. 1655 of 2021 rejected | |
| by Additional | |
| Special Session judge (Gangster) | |
| Pratapgarh on 15.09.2021 | |
| Mohhamad Iqbal ....Applicant | |
| (In Jail since 20.04.2020) | |
| Versus | |
| State of U.P. ....Opposite Party | |
| AFFIDAVIT | |
| (In support of first bail application) | |
| I, Anand Kumar | |
| Smt. Khurshida Bano aged 35 years wife of Iqbal Ahmad | |
| resident of resident of in front of civil Court, | |
| Subhash Nagar, kunda District – Pratapgarh, Religion | |
| – Muslim, Qualification – Literate, Occupation – | |
| Housewife, the deponent do hereby solemnly affirm and | |
| state on oath as under :- | |
| That the deponent is wife of the applicant and | |
| 1. | |
| doing pairvi of applicant in the above noted case | |
| duly authorized by him and as such he is fully | |
| conversant with the facts of the case deposed in | |
| the instant affidavit. | |
| That the photo of the deponent is being pasted on | |
| 2. | |
| 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 | |
| 3. | |
| 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 02.09.2020 at about 11.41 Hours, the | |
| 4. | |
| informant Shri Devendra pratap Singh, In-Charge | |
| Station House Officer, Police Station – Kunda, | |
| District – Pratapgarh lodged a first information | |
| report against 2 persons including the applicant | |
| at Case Crime No. 370 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 certified and typed | |
| copy of the first information report dated | |
| 02.09.2020 is being annexed herewith as Annexure | |
| No. 1 to this affidavit. | |
| That brief fact of the alleged prosecution story | |
| 5. | |
| is that the applicant along with his companions | |
| are 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 | |
| 6. | |
| against the applicant, the gang chart has been | |
| approved by the District Magistrate, Pratapgarh | |
| on 28.08.2020. 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 | |
| 7. | |
| 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 | |
| 8. | |
| 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 02.09.2020 under Section | |
| 2/3 of Gangster Act mentioning the Two cases | |
| mentioned below:- | |
| Case Crime No. 112 of 2020 under Sections | |
| 8.i. | |
| 307,504,506 IPC and 4/5 of explosive act , | |
| at Police Station – Kunda, District – | |
| Pratapgarh. In which the applicant has | |
| granted bail by this Hon'ble High Court on | |
| 19.11.2020. | |
| Case Crime No. 365 of 2019 under | |
| 8.ii. | |
| Sections 3/25 of Arms act , at Police | |
| Station – Kunda, District – Pratapgarh, in | |
| which the applicant has granted bail by | |
| the Additional Chif judicial magistrate on | |
| 31.10.2019. | |
| That it is relevant to mention here that apart | |
| 9. | |
| from above cases, the applicant has been also | |
| falsely implicated in below mentioned case | |
| crimes, which are as under: | |
| Case Crime No. 817 of 2014 under Sections, | |
| a. | |
| 396, 302, 201, 412, 34 of IPC, related to | |
| Police Station – Munshiganj, District – | |
| Amethi, in which the applicant has been | |
| enlarged on bail by this Hon'ble High Court. | |
| Case Crime No. 193 of 2014 under Sections, | |
| b. | |
| 2/3 of U.P. Gangster and Anti-Social | |
| Activities (Prevention) Act, 1986, related to | |
| Police Station – Kotwali, District – | |
| Sultanpur, in which the applicant has been | |
| enlarged on bail by this Hon'ble High Court. | |
| Case Crime No. 175 of 2016 under Section | |
| c. | |
| 110G of Cr.P.C.. related to, Police Station – | |
| Kunda, District – Pratapgarh. The aforesaid | |
| case is not comes under the criminal history | |
| category. | |
| Case Crime No. 215 of 2016 under Sections | |
| d. | |
| 2/3 U.P. Gunda Act related to Police Station | |
| – Kunda, District – Pratapgarh. | |
| The photocopy of Bail orders is being Annexed | |
| herewith as Annexure No.3 to this affidavit. | |
| That it is relevant to mention here that the | |
| 10. | |
| applicant is neither member of alleged gang as | |
| alleged in the first information report nor | |
| involved 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 after arresting the applicant in connection | |
| 11. | |
| with Case Crime No. 112 of 2020 under Sections | |
| 307,504,506 and 4/5 of Explosive Substance | |
| Act,1908 , at Police Station – Kunda, District – | |
| Pratapgarh, the concerned police falsely | |
| implicated the applicant. | |
| That it is relevant to mention here that the | |
| 12. | |
| applicant is a labour and a sole earner of | |
| family, as he is in the jail since 20.04.2020 the | |
| family is facing trouble for survival | |
| That the applicant does not any committed offence | |
| 13. | |
| 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 | |
| 14. | |
| 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 | |
| 15. | |
| applicant is in jail since 20.04.2020 without | |
| committing any offense and the applicant is not | |
| convicted previously by any competent court of | |
| law. | |
| That the applicant had moved his bail application | |
| 16. | |
| bearing number 1655 of 2021 before the Bail | |
| rejected by Additional | |
| Special Session judge (Gangster) Pratapgarh on | |
| 15.09.2021, and same has been rejected on | |
| 15.09.2020. The free certified copy of the bail | |
| rejection order dated 15.09.2020 is annexed | |
| herewith as Annexure No. 4 to this affidavit. | |
| That the another accused of the case crime namely | |
| 17. | |
| Hashim khan is in jail. | |
| That the applicant will not misuse the liberty of | |
| 18. | |
| bail if so granted by this Court. | |
| That the applicant has no motive to commit the | |
| 19. | |
| 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 | |
| 20. | |
| absconding or tempering with the prosecution | |
| witnesses. | |
| That the applicant is ready to furnish personal | |
| 21. | |
| 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 | |
| 22. | |
| and necessary in the interest of justice that the | |
| applicant be enlarged on bail during pendency of | |
| his trial. | |
| Lucknow | |
| Date : 23.09.2021 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 : 23.09.2021 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, | |
| Raiberelly 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 : Raiberelly | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLHABAD | |
| LUCKNOW BENCH: LUCKNOW | |
| Crl. Misc. Case No. (B) Of 2020 | |
| Anuj Yadav ....Applicant | |
| (In Jail since 09.02.2020) | |
| Versus | |
| State of U.P. ....Opposite Party | |
| INDEX | |
| Sr | |
| Particulars Page | |
| No | |
| No. | |
| Index | |
| 1. | |
| Application for Bail | |
| 2. | |
| Affidavit in support of bail | |
| 3. | |
| application | |
| Annexure No. 1 | |
| 4. | |
| The photo and typed copy of the first | |
| information report dated 02.09.2020 | |
| Annexure No. 2 | |
| 5. | |
| The photo and typed copy of the gang | |
| chart | |
| Annexure No. 3 | |
| 6. | |
| The photocopy of the order dated | |
| 19.11.2020 passed by this Hon'ble High | |
| Court | |
| Annexure No. 4 | |
| 7. | |
| The photocopy of the order dated | |
| 05.10.2020 passed by the court | |
| concerned | |
| Annexure No. 5 | |
| 8. | |
| The photocopy of the order dated | |
| 05.10.2020 passed by the court | |
| concerned | |
| Annexure No. 6 | |
| 9. | |
| The photocopy of the order dated | |
| 20.06.2020 passed by court concerned | |
| Annexure No. 7 | |
| 10. | |
| The photocopy of the order dated | |
| 24.06.2020 passed by court concerned | |
| Annexure No. 8 | |
| 11. | |
| The free certified copy of the bail | |
| rejection order dated 26.11.2020 | |
| ID proof of the deponent | |
| 12. | |
| Memo | |
| 13. | |
| E-court fee receipt | |
| 14. | |
| Lucknow (Pradeep Kumar Singh ‘Bisen’) | |
| Advocate | |
| Date: 04.12.2020 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 | |
| Anuj Yadav Versus State of U.P. | |
| Annexure No. | |
| 24-06-2020 | |
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