| Prompt: | |
| Generate a Bail Application involving the following key legal details: | |
| - CASE: Crime No. 69 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 2023 | |
| Manish Singh aged about 35 years son of Hari Narayan | |
| Singh resident of Village – Muraini Police Station – | |
| Sangramgarh, District – Pratapgarh | |
| .....Accused/Applicant | |
| (In jail since 26.05.2020) | |
| Versus | |
| State of Uttar Pradesh through Additional Chief | |
| Secretary, Home, Civil Secretariat, Government of | |
| U.P., Lucknow ......Opposite Party | |
| Crime No. :69 of 2021 | |
| Under Section : 2/3 of U.P. | |
| Gangster and Anti-Social | |
| Activities (Prevention) Act, 1986 | |
| Police Station :Sangramgarh | |
| District :Pratapgarh | |
| Bail rejected by Additional | |
| Session Judge/ Special | |
| Judge(Gangster) Room no- 2, | |
| Pratapgarh on 10.01.2023 | |
| 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. 69 of 2021 under | |
| section 2/3 of U.P. Gangster and Anti-Social | |
| Activities (Prevention) Act, 1986 (in Police Station | |
| – Sangramgarh, District – Pratapgarh during the | |
| pendency of his trial, in the interest of justice. | |
| Lucknow (Pradeep Kumar Singh ‘Bisen’) | |
| Advocate | |
| Date: 16.01.2023 Counsel for the Applicant | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLHABAD | |
| LUCKNOW BENCH: LUCKNOW | |
| Crl. Misc. Case No. (B) Of 2023 | |
| Crime No. :69 of 2021 | |
| Under Section : 2/3 of U.P. | |
| Gangster and Anti-Social | |
| Activities (Prevention) Act, 1986 | |
| Police Station : Sangramgarh | |
| District :Pratapgarh | |
| Bail rejected by Additional | |
| Session Judge/ Special | |
| Judge(Gangster) Room no- 2, | |
| Pratapgarh on 10.01.2023 | |
| Manish Singh .....Applicant | |
| (In jail since 26.05.2020) | |
| Versus | |
| State of U.P. ....Opposite Party | |
| AFFIDAVIT | |
| (In support of first bail application) | |
| I, Hari Narayan Singh aged about 62 years son | |
| of Shri Sangam Singh resident of Village – Muraini, | |
| Dhangarh, Kunda, District – Pratapgarh, Religion – | |
| Hindu, Occupation – Agriculture, Qualification – | |
| Literate, do hereby solemnly affirm and states on | |
| oath as under, do hereby solemnly affirm and state on | |
| oath as under :- | |
| That the deponent is the father/pairokar of the | |
| 1. | |
| applicant and duly authorized by the applicant to | |
| doing pairavi and 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: | |
| 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 09.04.2021 at about 20.25 Hours, the | |
| 4. | |
| informant Shri Ashutosh Kumar Tripathi, In charge | |
| Inspector, Police Station – Sangramgarh, District | |
| – Pratapgarh lodged a first information report | |
| against 06 persons including the applicant at | |
| Case Crime No. 69 of 2021 under section 2/3 of | |
| U.P. Gangster and Anti-Social Activities | |
| (Prevention) Act, 1986 (hereinafter referred to | |
| ‘Gangster Act’) in Police Station – Sangramgarh, | |
| District – Pratapgarh. The photo and typed copy | |
| of the first information report dated 09.04.2021 | |
| 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 | |
| is 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 03.04.2021. The photo and typed copy of the | |
| gang chart is being annexed herewith as Annexure | |
| No. 2 to this affidavit. | |
| That the Gang chart prepared on the basis of case | |
| 7. | |
| crime no. 79 of 2020 under sections- 302,307, | |
| 308, 323, 504, 506, 452, 427, 147 of I.P.C., at | |
| Police Station – Sangramgarh, District – | |
| Pratapgarh, in which applicant granted bail on | |
| 22.12.2022 by this Hon’ble court. | |
| (Crl.misc.case.no. 13283(B) of 2022) Manish Singh | |
| versus State of U.P. is being annexed herewith as | |
| Annexure No. 3 to this affidavit. | |
| That for proper adjudication of the case it is | |
| 8. | |
| 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 | |
| 9. | |
| and hard work, falsely implicate the applicant in | |
| some case crimes, which are pending before him | |
| and thereafter finally lodged the said first | |
| information report dated 09.04.2021 under Section | |
| 2/3 of Gangster Act:- | |
| Case Crime No. 27 of 2009 under sections | |
| 9.i. | |
| 323+ of I.P.C. and 3(i)x S.c.S.t Act, at | |
| Police Station – Sangramgarh, District – | |
| Pratapgarh, in which order passed by | |
| juvenile justice board Pratapgarh dated | |
| 14.12.2021 is being annexed herewith as | |
| Annexure No. 4 to this affidavit. | |
| That the case crime no. 139 of 2009 | |
| 9.ii. | |
| under section 110-g Police Station – | |
| Sangramgarh, District – Pratapgarh, | |
| proceeding is lapse of time. | |
| That the case crime no. 290 of 2009 | |
| 9.iii. | |
| under section 110-g Police Station – | |
| Sangramgarh, District – Pratapgarh, | |
| proceeding is lapse of time. | |
| Case Crime No. 79 of 2020 under | |
| 9.iv. | |
| sections- 302,307, 308, 323, 504, 506, | |
| 452, 427, 147 of I.P.C., at Police Station | |
| – Sangramgarh, District – Pratapgarh, in | |
| which applicant granted bail on 22.12.2022 | |
| by this Hon’ble court. (Crl.misc.case.no. | |
| 13283(B) of 2022) Manish Singh versus | |
| State of U.P. | |
| That the case crime no. 434 of 2022 under | |
| 9.v. | |
| section- 506 of I.P.C. Police Station- | |
| Kotwali city that the above case till | |
| today not to judicial remand of the | |
| applicant. | |
| N.C.R no. 81 of 2011 under section - | |
| 9.vi. | |
| 323, 504, 506, 427, of I.P.C. Police | |
| Station – Sangramgarh, District- | |
| Pratapgarh. That the above case is wrongly | |
| mentioned no concern of the applicant. | |
| That the accept aforesaid mention case no | |
| 10. | |
| criminal history. | |
| That it is relevant to mention here that the all | |
| 11. | |
| co-accused of the case crime granted bail by | |
| court below. | |
| That it is relevant to mention here that the | |
| 12. | |
| applicant is a poor villager and common man of | |
| society. He is neither member of alleged gang as | |
| alleged in the first information report nor | |
| involve 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 it is relevant to mention here that the | |
| 13. | |
| applicant belongs to respected family of society. | |
| The applicant is neither member of alleged gang | |
| as alleged in the first information report nor | |
| involves any crime as alleged against him in the | |
| gang chart by the informant. | |
| That the applicant does not any committed offence | |
| 14. | |
| 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 | |
| 15. | |
| 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 | |
| 16. | |
| applicant is in jail since 26.05.2020 without | |
| committing any offense. | |
| That the applicant had moved his bail application | |
| 17. | |
| bearing number 10 of 2023 before Additional | |
| Session Judge/ Special Judge(Gangster) room no. | |
| 2, Pratapgarh and same has been rejected on | |
| 10.01.2023. The free certified copy of the bail | |
| rejection order dated 10.01.2023 is annexed | |
| herewith as Annexure No. 5 to this affidavit. | |
| 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: 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: 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, | |
| Pratapgarh 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: Pratapgarh | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLHABAD | |
| LUCKNOW BENCH: LUCKNOW | |
| Crl. Misc. Case No. (B) Of 2021 | |
| Manish Singh ...Accused/Applicant | |
| (In jail since 26.05.2020) | |
| 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 certified and typed copy of the | |
| first information report dated | |
| 09.04.2021 | |
| Annexure No. 2 | |
| 5. | |
| The photo and typed copy of the gang | |
| chart | |
| Annexure No. 3 | |
| 6. | |
| The photocopy of the order passed by | |
| the Hon’ble high court | |
| Annexure No. 4 | |
| 7. | |
| The photocopy of the order dated | |
| 14.12.2021 | |
| Annexure No. 5 | |
| 8. | |
| The free certified copy of the bail | |
| rejection order dated 10.01.2023 | |
| ID proof of the deponent | |
| 9. | |
| Memo | |
| 10. | |
| Lucknow (Pradeep Kumar Singh ‘Bisen’) | |
| Advocate | |
| Date: 16.01.2023 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 2023 | |
| Manish Singh .....Applicant | |
| (In jail since 26.05.2020) | |
| Versus | |
| State of U.P. ....Opposite Party | |
| Annexure No. | |