| Prompt: | |
| Generate a Bail Application involving the following key legal details: | |
| - CASE: Crime No. 406 of 2017 | |
| - 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 2018 | |
| Rajpal Rawat son of Shri Shatrohan resident of Village | |
| –Dhakawa, Police Station – Gossaiganj, District – | |
| Lucknow | |
| .....Applicant | |
| (In Jail from 17.10.2017) | |
| Versus | |
| State of Uttar Pradesh .....Opposite Party | |
| Case Crime No. 406 of 2017 | |
| Under Sections 420, 467, 468, | |
| 471, 120B, 34, 506 I.P.C. | |
| Police Station – Gossaiganj | |
| District – Lucknow | |
| Bail application rejected | |
| by Special Judge, C.B.I., | |
| Room No. 3, Lucknow, on 30.03.2018 | |
| 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 (Pradeep Kumar Singh ‘Bisen’) | |
| Advocate | |
| Date: .2018 Counsel for the Applicant | |
| Case Crime No. 406 of 2017 | |
| Under Sections 419, 420, 467, 468, | |
| 471, 120B, 34, 506 I.P.C. | |
| Police Station – Gossaiganj | |
| District – Lucknow | |
| Bail application rejected | |
| by Special Judge, P.C. Act, C.B.I., | |
| Room No. 3, Lucknow, on 30.03.2018 | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD, | |
| LUCKNOW BENCH, LUCKNOW | |
| Criminal Misc. Case No. (B)of 2018 | |
| Chandra Pal ...Applicant | |
| (In Jail from 17.10.2017) | |
| Versus | |
| State of Uttar Pradesh ....Opposite Party | |
| AFFIDAVIT | |
| (In support of bail application) | |
| I, Dashrath aged about 42 years son of Shri Ram Das | |
| Resident of Village – Bisara, Kalli Pashchim, Police | |
| Station – P.G.I., District – Lucknow, Religion – Hindu, | |
| Education – Literate, Occupation – Labour, do hereby | |
| solemnly affirm and state on oath as under :- | |
| That the deponent is the relative/pairokar of the | |
| 1. | |
| applicant and duly authorized by the applicant to | |
| doing pairavi and files 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 | |
| applicant and 3 other persons on 09.07.2017 by | |
| informant namely Santosh Kumar bearing Case Crime | |
| No. 406 of 2017 under Sections 420, 467, 468, 471, | |
| 506 I.P.C., at Police Station – Gossaiganj, | |
| District – Lucknow on false, incorrect and | |
| baseless grounds. The photo/typed copy of the | |
| first information report dated 09.07.2017 is being | |
| annexed herewith as Annexure No. 01 to this | |
| application. | |
| That fact of the first information report dated | |
| 4. | |
| 09.07.2017 is in nutshell; the informant was sold | |
| his land gata No. 1353 situated at Village – | |
| Anandipur through his nephew namely Virendra, who | |
| is also named accused in said case crime. | |
| Thereafter Virendra offered to the informant for | |
| purchase of a roadside land, after spot visit the | |
| informant was ready to purchase said land in Rs. | |
| 5,00,000.00 and given Rs. 1,00,000.00 as advance | |
| and after giving another Rs. 1,50.000.00 on | |
| 16.04.2016 to the accused Virendra. Then on | |
| request of his nephew the informant, paid Rs. | |
| 1,00,000.00 on 08.06.2016 and Rs. 1,50,000.00 on | |
| 10.10.2016 and that day a deed was executed | |
| between the buyer & seller. When the informant | |
| gone his purchased land then he was informed by | |
| the villagers his purchased land is gram samaj | |
| land then the informant complaint to his nephew | |
| regarding said issue then his nephew threatened to | |
| him for life. | |
| That it is relevant to mention here that the | |
| 5. | |
| applicant was falsely implicated by the informant | |
| in said case crime with collusion of the concerned | |
| police. | |
| That the informant in his first information report | |
| 6. | |
| stated that the accused persons executed sale deed | |
| on 10.10.2016 but on bare perusal of the alleged | |
| sale deed, it is crystal clear that the alleged | |
| sale deed is actually not a sale deed, it is | |
| agreement of sale, which is executed on | |
| 16.04.2016. The photocopy of the alleged sale deed | |
| dated 16.04.2016 is being annexed herewith as | |
| Annexure No. 02 to this application. | |
| That the statement of the informant was recorded | |
| 7. | |
| by the concerned police on 11.07.2017, in which | |
| the informant stated all most first information | |
| report version in improved manner and in detail. | |
| The type copy of the statement of the informant | |
| dated 09.07.2017 given to the concerned police is | |
| being annexed herewith as Annexure No. 03 to this | |
| application. | |
| That the informant in his statement stated that | |
| 8. | |
| the applicant himself admitted he was involve in | |
| said case crime and received the Rs. 52,500.00 and | |
| he has given in writing to the informant on | |
| 04.07.2017 as he will pay Rs. 52,500.00 on | |
| 07.07.2017. | |
| That the real story of the case is that so far | |
| 9. | |
| concerned to the applicant is that; the applicant | |
| has no concerned with the said alleged incident. | |
| The applicant and another accused Virendra i.e. | |
| nephew of the informant are known to each other | |
| being resident of same hamlet and also gone at | |
| house of the accuse Virendra at several occasions. | |
| That it was purely co-incident as at time of | |
| 10. | |
| execution of agreement on 16.04.2016, the | |
| applicant was met at Registrar Office, with the | |
| accused Virendra and informant and stayed with | |
| them sometime. | |
| That later on when the fraud of the accused | |
| 11. | |
| Virendra comes out at that moment the informant | |
| related the co-incident of dated 16.04.2016 and | |
| pressurized to the applicant for confessing his | |
| guilty, while he was not committed any offence as | |
| alleged against him. | |
| That the informant was approached to the concerned | |
| 12. | |
| police for his help. Then the concerned police | |
| called the accused Virendra and the applicant at | |
| Police Station on 04.07.2017 and under forcefully | |
| taken a hand writing promising note mentioning | |
| therein as he was involve in committing said case | |
| crime and was given by the accused Virendra Rs. | |
| 52,500.00, which will be paid by 07.07.2017 to the | |
| informant. | |
| That when the applicant not paid Rs. 52,500.00 to | |
| 13. | |
| the informant then the first information report | |
| has been lodged against the applicant without | |
| committing any offence as alleged against him. | |
| That the concerned police on 17.10.2017 added the | |
| 14. | |
| Sections 419, 120B and 34 IPC in said case crime. | |
| That the applicant has not committed said offence | |
| 15. | |
| but when the concerned police harassing the | |
| applicant and his family thereafter on 17.10.2017, | |
| the applicant surrendered before the competent | |
| court. | |
| That thereafter without proper investigation, | |
| 16. | |
| ignoring the fact and circumstances of the case, | |
| investigating officer submitted the charge sheet | |
| against the applicant and 4 other accused on | |
| 12.01.2018 under Sections 419, 420, 467, 468, 471, | |
| 120B, 34, 506 I.P.C. bearing charge sheet No. 01 | |
| of 2018. | |
| That the applicant has no concerned with said | |
| 17. | |
| fraud committed with the informant but the he was | |
| falsely implicate in said case crime. | |
| That there is no credible evidence on record, | |
| 18. | |
| which could show that the applicant is guilty or | |
| committed this crime in question and the evidence | |
| available on record, itself shows that no prima | |
| facie offence under Sections 419, 420, 467, 468, | |
| 471, 120B, 34, 506 I.P.C. is made out against the | |
| applicant. | |
| That neither any evidence was found against the | |
| 19. | |
| applicant nor has any motive been assigned to the | |
| applicant in the present case except general | |
| allegations against the applicant. | |
| That since the applicant has not committed any | |
| 20. | |
| offence as alleged but he has been falsely | |
| implicated and has no any involvement in the said | |
| case as alleged in first information report. | |
| That the applicant moved bail application bearing | |
| 21. | |
| No. 1358 of 2017 before Special Judge, C.B.I., | |
| Room No. 3, Lucknow, and his bail application has | |
| been rejected by the court concerned on | |
| 30.03.2018. The copy of the order dated 30.03.2018 | |
| passed by court concerned is being annexed as | |
| Annexure No. 04 to this application. | |
| That it is relevant to mention here that the free | |
| 22. | |
| copy of the bail rejection order dated 30.03.2018 | |
| has been misplaced by the deponent due to which | |
| the same has been not brought on record before | |
| this Hon'ble High Court. The another certified | |
| copy of the bail rejection order dated 30.03.2018 | |
| has been annexed with this affidavit. | |
| That the applicant in jail since 17.10.2017 | |
| 23. | |
| without committing any offense as alleged against | |
| the applicant with regard to case crime No. 406 of | |
| 2017. | |
| That the applicant has no criminal history at all | |
| 24. | |
| except to this present case. The applicant is law | |
| abiding person and having good reputation in the | |
| society. | |
| That there is no possibility of the applicant’s | |
| 25. | |
| conviction because he has not committed the crime | |
| in question as alleged by the informant. | |
| That the applicant undertakes that he will not | |
| 26. | |
| misuse the liberty of bail if so granted by this | |
| Court. | |
| That there is no chance of the applicant | |
| 27. | |
| absconding or tempering with the prosecution | |
| witnesses. | |
| That the applicant is ready to furnished the | |
| 28. | |
| 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 | |
| 29. | |
| and necessary in the interest of justice that the | |
| applicant be enlarged on bail during pendency of | |
| case. | |
| Lucknow | |
| Date : .2018 Deponent | |
| VERIFICATION | |
| I, the deponent, do hereby verify that the contents of | |
| para of the accompanying affidavit are true | |
| to my own knowledge and those of para | |
| are believed to true based on records and paragraph | |
| are true to legal advice. No part of its is false and | |
| nothing material has been concealed. So, help me “GOD”. | |
| Lucknow | |
| Dated: .2018 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. | |
| 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 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 2018 | |
| Chandra Pal ...Applicant | |
| (In Jail from 17.10.2017) | |
| 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 | |
| 09.07.2017 | |
| Annexure No. 2 | |
| 4. | |
| The photocopy of the alleged sale | |
| deed dated 16.04.2016 | |
| Annexure No. 3 | |
| 5. | |
| The type copy of the statement of | |
| the informant dated 09.07.2017 | |
| given to the concerned police | |
| Annexure No. 4 | |
| 6. | |
| The copy of the order dated | |
| 30.03.2018 passed by court | |
| concerned | |
| ID proof of the deponent | |
| 7. | |
| Memo | |
| 8. | |
| Lucknow (Pradeep Kumar Singh ‘Bisen’) | |
| Advocate | |
| Date: .2018 Counsel for the Applicant | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD, | |
| LUCKNOW BENCH, LUCKNOW | |
| Criminal Misc. Case No. (B)of 2018 | |
| Chandra Pal Versus State of U. P. | |
| Type copy of the Annexure No. | |
| 11-07-2017 | |
| c;ku oknh& c;ku oknh Jh larks’k dqekj iq= esokyky fu0 | |
| vkuUnhiqj ,p@,e dVjk cDdkl Fkkuk xkslkbZxat | |
| y[kuÅ ,Q0vkbZ0vkj0 dk leFkZu djrs gq, crk;k fd eSaus | |
| xzke vkuUnhiqj fLFkr xkVk la0 1353 dks foi{kh ohjsUnz | |
| iq= jktkjke jkor fu0 dVjk cDdkl ds dgus ij mDr dh fczdh | |
| fd;k Fkk tc iSlk fey x;k rks foi{kh }kjk ;g dgk x;k fd eSa | |
| rqedks [ksrh ;ksX; Hkwfe fnyk nwaxkA esjk Hkrhtk | |
| gksus ds ukrs eq>s fo”okl gks x;k ftlls ohjsUnz o iflu | |
| <dok ds pUnziky jkor rFkk ccyw fu0 Qrsgiqj e0 dVjk | |
| cDdkl us jksM lkbM ij tehu fn[kk;hA eSaus gkeh Hkj fn;k | |
| c;kuk ds rkSj ij eSusa ,d yk[k muds ekfyd dks fn;kA tehu | |
| dk fodz; ewY; 5 yk[k crk;s Fks mlds dqN fnu ckn dg fd | |
| fdlku dks vkSj iSlk dqN nsuk gS t:jr gS ftldh O;oLFkk | |
| djds ns nks ckdh jft0 dqN fnu ckn gks tk,xkA rc eSaus | |
| cSad tkdj 16-04-16 dks 1 yk[k ipkl gtkj cSad ls fudkydj | |
| ysdj ohjsUnz o vuhrk jkor fu0 “ks[ky ?kkV o c`t fd”kksj | |
| fu0 dkth [kstk ekStwn Fks rFkk bl dze esa 8-6-16 dks iqu | |
| % bu yksxkas cksyus ls 1 yk[k fudky dj fn;k ys fy;k | |
| rFkk ;g dgk jft0 blfy, ugha djok gh tehu rFkk yxkrkj | |
| NqV iql iSls ysrs gq,A tehu ughs ns jgs Fks eSaus tc tksj | |
| fn;k rks dgs fd 1]50]000 tks “ks’k cpk gS ml Hkh ns nks | |
| rks djok fn;k tk, rks eSaus jft0 ds fy, iSls nsus dks dgk | |
| rks lHkh yksxksa us rglhy 10-10-17 dks eksguykyxat eas | |
| cqyk;k rFkk ml rkjh[k dks 50] 50 :i;s dk LVkEi ij QthZ | |
| fn[kkdj dh tehu dh jft0 djok nhA tehu dk ekfyd lqjs”k iq= | |
| Nsnk fu0 QqlZrxat Fkkuk xkslkbZxat dks y[kuÅ gS crk;k | |
| ftleas xokg 1- fouksn dqekj iq= jk/ks yky fu0 eywliqj 2- | |
| jktiky lqr “k=ksgu] 3- “k=ksgu iq= xtks/kj fu0 eyweiqj | |
| cuk;kA izkFkhZ us mDr jft0 dks lgh ekurs gq, “ks’k jde | |
| 150000 og :i;k Hkh mUgs ns fn;kA tc eSa eksds ij x;k rks | |
| vkliky ds yksxksa us crk;k fd ;g Hkwfe xzke lekt gS jft0 | |
| ds isij QthZ cuok fn;s ftlls ftlesa dksbZ xkVk ua0 ugha | |
| gS u [kljk la[;k gh gSA tehu dk ekeyk py jgk gSA rFkk ckj | |
| ckj ckr djus ij vkrs gS rFkk dgrs gS fd eSaus jft0 djok nh | |
| ckdh rqe tkuks rFkk /kedkrs Hkh gSA ohjsUnz o pUnz | |
| iky us vuhrk ds lkeus ;g fyf[kr fe fn;k fd iSls nsxsa | |
| pUnziky us dg fd 52000@& gtkj feyk FkkA eSa 7-7-17 rd | |
| ns nwaxkA nksuksa bl bdcky rgjhjh i= ewy izfr jft0 izfr | |
| iklcqd dk fn;kA ftlls layXu lhMh fd;k x;k gSA | |