| Prompt: | |
| Generate a Bail Application involving the following key legal details: | |
| - CASE: Crime No. 128 of 2022 | |
| - SECTIONS: 3 (1) of U.P. | |
| - POLICE STATION: Gossainganj | |
| - DISTRICT: Ayodhya | |
| - BAIL APPLICATION: Bail Application No. 732 of 2023 | |
| --- | |
| Output: | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD | |
| SITTING AT : LUCKNOW | |
| Crl. Misc. Case No. (BAIL) Of 2023 | |
| Sanjay Pratap Singh alias Guddu Singh aged about 42 | |
| years son of Shri Hari Singh resident of Village – | |
| Mohaddinagar, Balipur, Police Station – Hathigawan, | |
| District – Pratapgarh | |
| .... Applicant | |
| (In Jail since 03.04.2023 | |
| Versus | |
| State of U.P. through Additional Chief Secretary Home, | |
| Government of U.P., Civil Secretariat, Lucknow | |
| .... Opposite Party | |
| Crime No: 128 of 2022 | |
| Under Section: 3 (1) of U.P. | |
| Gangster and Anti-Social | |
| Activities (Prevention) Act, 1986 | |
| Police Station: Gossainganj | |
| District: Ayodhya | |
| Bail Application No. 732 of 2023 | |
| has been rejected by Additional | |
| Sessions Judge (Gangster Act), | |
| Room No.12, Faizabad on 12.04.2023 | |
| 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. 128 of 2022 under | |
| section 3(1) of U.P. Gangster and Anti-Social | |
| Activities (Prevention) Act, 1986 registered at | |
| Police Station – Gossainganj, District– Ayodhya | |
| during the pendency of his trial, in the interest of | |
| justice. | |
| Lucknow (Pradeep Kumar Singh ‘Bisen’) | |
| Advocate | |
| Date: 15.04.2023 Counsel for the Applicant | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT | |
| ALLHABAD SITTING AT: LUCKNOW | |
| Crl. Misc. Case No. (BAIL) Of 2023 | |
| Sanjay Pratap Singh alias Guddu Singh | |
| …..Applicant | |
| (In Jail since 03.04.2023) | |
| Versus | |
| State of U.P. through Additional Chief Secretary Home, | |
| Government of U.P., Civil Secretariat, Lucknow | |
| ....Opposite Party | |
| AFFIDAVIT | |
| (In support of first bail application) | |
| I, Shiavakar Singh aged about 20 years son of | |
| Shri Chhail Bihari resident of Angurihan Purab Nara | |
| District – Allahabad, Religion – Hindu, Qualification | |
| – Literate, Occupation – Agriculture, the deponent do | |
| hereby solemnly affirm and state on oath as under :- | |
| That the deponent is cousin brother of applicant | |
| 1. | |
| and doing pairvi of applicant in the above noted | |
| case and duly authorized by him for filing | |
| instant application before the Hon'ble Court and | |
| as such he is fully conversant with the facts of | |
| the case deposed herein 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 13.05.2022 at about 22.59 Hours, the | |
| 4. | |
| informant Shri Krishna Kumar Mishra Station House | |
| Officer, Police Station – Gossainganj, District – | |
| Ayodhya lodged a first information report against | |
| 6 persons including the applicant at Case Crime | |
| No. 128 of 2021 under section 3(1) of U.P. | |
| Gangster and Anti-Social Activities (Prevention) | |
| Act, 1986 (hereinafter referred to ‘Gangster | |
| Act’) in Police Station – Gossainganj, District – | |
| Ayodhya. The certified and typed copy of the | |
| first information report dated 13.05.2022 is | |
| being annexed herewith as Annexure No. 1 to this | |
| affidavit. | |
| That brief fact of the alleged prosecution story | |
| 5. | |
| is that the applicant is gang member of a gang, | |
| who used to commit 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, Ayodhya on | |
| 11.05.2022. 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 13.05.2022 under Section | |
| 3(1) of Gangster Act, The one mentioned in the | |
| gang chart which is as Case Crime No. 107 of 2021 | |
| under Sections 302, 307, 120B, 34, 272, 419, 420, | |
| 467, 468, 471 of IPC and 60 of U.P. Excise Act | |
| registered at Police Station – Gossainganj, | |
| District – Ayodhya, in which the applicant has | |
| been granted bail on 24.12.2021 by this Hon'ble | |
| High Court. The photocopy of Bail order dated | |
| 24.12.2021 passed by this Hon'ble High Court is | |
| being annexed herewith as Annexure No.3 to this | |
| affidavit. | |
| That in relation to the Case Crime No. 107 of | |
| 9. | |
| 2021, there are to First Information Reports | |
| lodged under Gangster Act i.e. 1. 217 of 2021 | |
| against 10 persons and 2. 128 of 2022 against 6 | |
| persons, which are registered at Police Station – | |
| Gossainganj, District – Ayodhya under Section | |
| 3(1) of Gangster Act. The photocopy of the first | |
| information report of Case Crime No. 217 of 2021 | |
| is being annexed herewith as Annexure No. 4 to | |
| this affidavit. | |
| That after lodging the first information report | |
| 10. | |
| against the applicant, he challenged the same | |
| before this Hon'ble High Court bearing Writ | |
| Petition No. 3843 (CRLP) of 2022, which is still | |
| pending. | |
| That according to Rule 4 (3) of The Uttar Pradesh | |
| 11. | |
| Gangster and Anti-Social Activities (Prevention) | |
| Rules, 2021 (hereinafter referred to as ‘Rules, | |
| 2021’) that if needed after investigation that | |
| some other accuses are involve in crime and | |
| against them gang chart not approved then | |
| authority concerned proceed further for approval | |
| of the gang chart but there is no provision to | |
| lodge another first information report. | |
| That the applicant is falsely implicated in | |
| 12. | |
| 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. 48 of 2021 under section 420, | |
| 467, 468, 471, 272, 273 of I.P.C., 60, 63 of | |
| U.P. Excise Act, Police Station - Hathigawan | |
| District – Pratapgarh, in which the applicant | |
| granted bail on 15.11.2021 passed by this | |
| Hon'ble High Court. | |
| Case Crime No. 49 of 2021 under Sections 420, | |
| 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, in which the | |
| applicant granted bail on 22.11.2021 passed by | |
| this Hon'ble High Court | |
| Case Crime No. 50 of 2021 under Sections 420, | |
| 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, in which the applicant granted bail | |
| on 06.12.2021 passed by this Hon'ble High | |
| Court. | |
| Case Crime No. 51 of 2021 under section 60, 63 | |
| of U.P. Excise Act, Police Station - Hathigawan | |
| District – Pratapgarh, in which the applicant | |
| granted bail on 14.12.2021 passed by court | |
| below. | |
| 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, in which the | |
| applicant granted bail on 24.11.2021 passed by | |
| this Hon'ble High Court. | |
| Case Crime No. 125 of 2021 under Sections 420, | |
| i. | |
| 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, in which the | |
| applicant granted bail on 09.12.2021 passed by | |
| this Hon'ble High Court. | |
| Case Crime No. 107 of 2021 under Sections | |
| ii. | |
| 302, 307, 120B, 34, 272, 419, 420, 467, 468, | |
| 471 of IPC and 60A, 60 U.P. Excise Act | |
| registered Police Station – Gossainganj, | |
| District – Ayodhya. In this case the name of | |
| the applicant came in light from the statements | |
| of the accused persons, in which the applicant | |
| granted bail on 24.12.2021 passed by this | |
| Hon'ble High Court. | |
| Case Crime No. 201 of 2021 under Sections | |
| iii. | |
| 2/3 of U.P. Gangster and Anti-Social Activities | |
| (Prevention) Act, 1986 lodged on 09.10.2021 at | |
| Police Station – Hathigawan, District – | |
| Pratapgarh, in which the applicant granted | |
| bail on 18.05.2022 passed by this Hon'ble High | |
| Court. | |
| Another case has been lodged against the | |
| applicant, when he is jail, under the influence | |
| of the local politician on 14.10.2021 bearing | |
| Case Crime No. 208 of 2021 under Sections 419, | |
| 420, 467, 468, 471, 486, 487, 272, 273 of | |
| I.P.C., 60, 60A, 63 of U.P. Excise Act, 1910, | |
| 63 of Copyright Act, 1957 and 103, 104 of The | |
| Trade and Merchandise Marks Act, 1958 | |
| registered at Police Station – Hathigawan, | |
| District – Pratapgarh, in which the applicant | |
| granted bail on 10.12.2021 passed by this | |
| Hon'ble High Court. | |
| The aforesaid 9 cases are recently lodged under | |
| the political pressure of the local politician | |
| against the applicant. | |
| Case Crime No. 53 of 2004 under Sections | |
| iv. | |
| 323, 504, 506, 343 of IPC registered at Police | |
| Station – Hathigawan, District – Pratapgarh, in | |
| which the applicant has been acquitted on | |
| 28.01.2020 by the court concerned. | |
| Case Crime No. 685 of 2009 under Sections 147, | |
| v. | |
| 148, 504, 506, 323, 363, 120 of IPC and 3(1)10 | |
| of S.C. and S.T. Act registered at Police | |
| Station – Saurawan, District – Allahabad, in | |
| which the concerned police filed submitted | |
| final report in favour of the applicant. | |
| Case Crime No. 513 of 2010 under Sections | |
| vi. | |
| 395, 397, 307, 323, 504 of IPC registered at | |
| Police Station – Kunda, District – Pratapgarh, | |
| in which the applicant has been granted bail on | |
| 05.03.2011 by the court concerned. | |
| Case Crime No. 302 of 2011 under Section | |
| vii. | |
| 110G of Cr.P.C. registered at Police Station – | |
| Hathigawan, District – Pratapgarh. The | |
| applicant has no knowledge about said case. | |
| Case Crime No. 19 of 2012 under Section | |
| viii. | |
| 3(1) Gunda Act registered at Police Station – | |
| Hathigawan, District – Pratapgarh. The | |
| applicant has no knowledge about said case. | |
| Case Crime No. 18 of 2013 under Sections | |
| ix. | |
| 302 of IPC registered at Police Station – | |
| Hathigawan, District – Pratapgarh, in which the | |
| applicant has been granted bail on 04.03.2014 | |
| by the court concerned. | |
| Case Crime No. 20 of 2013 under sections 302, | |
| x. | |
| 504, 506, 120B of IPC registered at Police | |
| Station – Hathigawan, District – Pratapgarh, in | |
| which the final report has been submitted in | |
| favour of the applicant. | |
| Case Crime No. 21 of 2013 under sections | |
| xi. | |
| 147, 148, 149, 302, 504, 506, 120B of IPC | |
| registered at Police Station – Hathigawan, | |
| District – Pratapgarh, in which the final | |
| report has been submitted in favour of the | |
| applicant. | |
| case crime no. 57/2023 under section 63 of | |
| xii. | |
| U.P. Excise Act, Police station – Hathigawan, | |
| district – Pratapgarh on 06.04.2023 registered | |
| against the applicant after surrender in case | |
| crime no. 128/2022 before Gangster Court | |
| Faizabad on 03.04.2023. | |
| The photocopies of the bail orders passed by | |
| this Hon'ble High Court & court below and other | |
| related documents of the applicant are being | |
| annexed herewith as Annexure No. 5 to this | |
| application. | |
| That apart of above mentioned cases, there is no | |
| 13. | |
| criminal history against the applicant. | |
| That it is relevant to mention here that the | |
| 14. | |
| 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. | |
| The police for showing there good work falsely | |
| 15. | |
| implicated the applicant in the said case crime. | |
| That the real fact is that the applicant is | |
| 16. | |
| innocent and belongs to a respected family and | |
| has good reputation. | |
| That the entire case has been made and based | |
| 17. | |
| against the applicant only on information of the | |
| police informer, which is not reliable as nothing | |
| is supported to prosecution story. | |
| That the applicant having severe Chronic Liver | |
| 18. | |
| Disease (70% liver is infected) and high diabetic | |
| & also suffering from heart disease and was under | |
| treatment. After surrender of the applicant, | |
| there is no proper treatment is being given to | |
| the applicant due to which his life is in danger. | |
| The photocopy of the medical prescription of the | |
| applicant is being annexed herewith as Annexure | |
| No. 6 to this Affidavit. | |
| That the Case Crime No. 128 of 2021 under section | |
| 19. | |
| 3(1) of U.P. Gangster and Anti-Social Activities | |
| (Prevention) Act, 1986 (hereinafter referred to | |
| ‘Gangster Act’) in Police Station – Gossainganj, | |
| District – Ayodhya. Except applicant all accused | |
| granted bail by this Hon’ble Court. The Photocopy | |
| of bail no. 2555 of 2023 (Sudhakar Singh ‘Gang | |
| leader’) versus state of U.P. on 20.02.2023 are | |
| being annexed herewith as Annexure no. 7 to this | |
| application. | |
| That informant working for the present local | |
| 20. | |
| Member of the Parliament of the ruling party due | |
| to political vendetta, he has been falsely | |
| implicated in the case crime. | |
| That in result of the above, the informant | |
| 21. | |
| falsely implicates the 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 applicant is in jail since 03.04.2023 | |
| 22. | |
| after his surrender, without committing any | |
| offence as alleged against him. | |
| That the applicant does not committed any offence | |
| 23. | |
| 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 | |
| 24. | |
| offence as alleged, hence no offence under | |
| Sections 3(1) of U.P. Gangster and Anti-Social | |
| Activities (Prevention) Act, 1986 relating to | |
| Police Station – Gossainganj, District – Ayodhya, | |
| is made against him. | |
| That the applicant had moved his bail application | |
| 25. | |
| bearing number 732 of 2023 before the Special | |
| Judge (Gangster) Additional Session judge Room | |
| no. 12, Ayodhya and same has been rejected on | |
| 12.04.2023. The free certified copy of the bail | |
| rejection order dated 12.04.2023 passed by the | |
| court below is annexed herewith as Annexure No. 7 | |
| to this affidavit. | |
| That the applicant will not misuse the liberty of | |
| 26. | |
| bail if so granted by this Court. | |
| That the applicant is previously not convicted by | |
| 27. | |
| any court of law. | |
| That the applicant further declares in compliance | |
| 28. | |
| of the Section 19(4)(b) of U.P. Gangster and | |
| Anti-Social Activities (Prevention) Act, 1986 | |
| that the applicant is committed any offense as | |
| alleged in the first information report and also | |
| he is not likely to commit any offense while on | |
| bail, if so granted by this Hon'ble High Court. | |
| That the applicant has no motive to commit the | |
| 29. | |
| 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 | |
| 30. | |
| absconding or tempering with the prosecution | |
| witnesses. | |
| That the applicant is ready to furnish personal | |
| 31. | |
| 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 | |
| 32. | |
| and necessary in the interest of justice that the | |
| applicant be enlarged on bail during pendency of | |
| his trial. | |
| Lucknow | |
| Date :15.04.2023 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 :15.04.2023 Deponent | |
| I, identify the deponent, who has 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. | |
| Advocate | |
| Solemnly affirmed before me on 15.04.2023 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, AOR | |
| No: B/P0262 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 : Ayodhya | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT | |
| ALLHABAD SITTING AT: LUCKNOW | |
| Crl. Misc. Case No. (BAIL) Of 2023 | |
| Sanjay Pratap Singh alias Guddu Singh | |
| ....Applicant | |
| In Jail since 03.04.2023 | |
| Versus | |
| State of U.P. through Additional Chief Secretary | |
| Home, Government of U.P., Civil Secretariat, Lucknow | |
| ....Opposite Party | |
| INDEX | |
| Sr | |
| Particulars Page | |
| No | |
| No. | |
| 1. | |
| Index | |
| 2. | |
| Application for Bail | |
| 3. | |
| Affidavit in support of bail | |
| application | |
| 4. | |
| Annexure No. 1 | |
| The certified and typed copy of the | |
| first information report dated | |
| 13.05.2022 | |
| 5. | |
| Annexure No. 2 | |
| The photo and typed copy of the gang | |
| chart | |
| 6. | |
| Annexure No. 3 | |
| The photocopy of Bail order dated | |
| 24.12.2021 passed by this Hon'ble | |
| High Court | |
| 7. | |
| Annexure No. 4 | |
| The photocopy of the first | |
| information report of Case Crime No. | |
| 217 of 2021 | |
| 8. | |
| Annexure No. 5 | |
| The photocopies of the orders passed | |
| by this Hon’ble High Court & court | |
| below | |
| 9. | |
| Annexure No. 6 | |
| The Photocopy of the medical | |
| prescription of the applicant. | |
| 10. | |
| Annexure no.7 | |
| The free copy of bail rejection order | |
| dated 13.01.2022 passed by the court | |
| concerned | |
| 11. | |
| ID proof of the deponent | |
| 12. | |
| Memo | |
| Lucknow (Pradeep Kumar Singh ‘Bisen’) | |
| Advocate | |
| Date: 15.04.2023 Counsel for the Applicant | |
| Mobile No. 9415288732 | |
| AoR No. B/P0262 | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT | |
| ALLHABAD SITTING AT: LUCKNOW | |
| Crl. Misc. Case No. (BAIL) Of 2023 | |
| Sanjay Pratap Singh alias Guddu Singh | |
| …..Applicant | |
| (In Jail since 03.04.2023) | |
| Versus | |
| State of U.P. through Additional Chief Secretary | |
| Home, Government of U.P., Civil Secretariat, Lucknow | |
| ....Opposite Party | |
| Annexure NO. | |