| Prompt: | |
| Generate a Bail Application involving the following key legal details: | |
| - CASE: Crime No. 125 of 2021 | |
| - DISTRICT: Not available | |
| - BAIL APPLICATION: Not available | |
| --- | |
| Output: | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD | |
| LUCKNOW BENCH, LUCKNOW | |
| Crl. Misc. Anticipatory Bail No. Of 2021 | |
| Rohit Singh alias Abhay Pratap Singh | |
| …..Applicant | |
| Versus | |
| State of Uttar Pradesh ....Opposite Party | |
| INDEX | |
| Sr.No | |
| Particulars Page No. | |
| Application for anticipatory bail | |
| under section 438 Cr.P.C. | |
| 1. | |
| Affidavit in support of application | |
| 2. | |
| Annexure No. 1 | |
| 3. | |
| The photocopy of the order dated | |
| 24.06.2021 passed by this Session | |
| Judge, Pratapgarh | |
| Annexure No. 2 | |
| 4. | |
| The photo/typed copy of the FIR dated | |
| 05.04.2021 | |
| Annexure No. 3 | |
| 5. | |
| The photocopy of the order dated | |
| 30.06.2021 passed by this Hon'ble | |
| High Court | |
| ID proof of the deponent | |
| 6. | |
| Power | |
| 7. | |
| Lucknow (Pradeep Kumar Singh “Bisen”) | |
| Advocate | |
| Dated : .08.2021 Counsel for the applicant | |
| Mobile No. 9415288732 | |
| AoR No. B/P0262 | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD | |
| LUCKNOW BENCH, LUCKNOW | |
| Crl. Misc. Case No. (B) Of 2021 | |
| Rohit Singh alias Abhay Pratap Singh aged about 27 | |
| years son of Shri Pawan Singh resident of Village – | |
| Sakardaha, Police Station – Baghrai, District – | |
| Pratapgarh | |
| ....Applicant | |
| Versus | |
| State of Uttar Pradesh .....Opposite Party | |
| Case Crime No. 125 of 2021 | |
| U/s 420, 467, 468, 471, 272, 273 of I.P.C. | |
| U/s 60, 60A, 63 of U.P. Excise Act, 1910 | |
| Police Station – Kunda | |
| District – Pratapgarh | |
| Anticipatory Bail Application | |
| No. 1245 of 2021 has been rejected by | |
| Sessions Judge, Pratapgarh on 24.06.2021 | |
| APPLICATION FOR ANTICIPATORY BAIL | |
| UNDER SECTION 438 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 connection with Case Crime No. 125 | |
| of 2021 under Sections 420, 467, 468, 471, 272, 273 of | |
| I.P.C. and 60, 60A, 63 of U.P. Excise Act, 1910 at | |
| Police Station – Kunda, District – Pratapgarh, in the | |
| interest of Justice. | |
| Lucknow (Pradeep Kumar Singh “Bisen”) | |
| Advocate | |
| Dated : .08.2021 Counsel for the applicant | |
| Case Crime No. 125 of 2021 | |
| U/s 420, 467, 468, 471, 272, 273 of I.P.C. | |
| U/s 60, 60A, 63 of U.P. Excise Act, 1910 | |
| Police Station – Kunda | |
| District – Pratapgarh | |
| Anticipatory Bail Application | |
| No. 1245 of 2021 has been rejected by | |
| Sessions Judge, Pratapgarh on 24.06.2021 | |
| IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD | |
| LUCKNOW BENCH, LUCKNOW | |
| Crl. Misc. Anticipatory Bail No. Of 2021 | |
| Rohit Singh alias Abhay Pratap Singh | |
| …..Applicant | |
| Versus | |
| State of Uttar Pradesh ....Opposite Party | |
| AFFIDAVIT | |
| (In support of anticipatory bail application) | |
| I, Rohit Singh alias Abhay Pratap Singh aged about 27 | |
| years son of Shri Pawan Singh resident of Village – | |
| Sakardaha, Police Station – Baghrai, District – | |
| Pratapgarh, Religion – Hindu, Occupation – ?Business, | |
| Education – Literate, do hereby solemnly affirm and | |
| states on oath as under :- | |
| That the deponent is the applicant himself in | |
| 1. | |
| aforesaid application and as such he is fully | |
| conversant with the facts of the case, deposed to | |
| hereunder. The photo verification slip issued by | |
| the Awadh Bar Association, Lucknow of the deponent | |
| is affixed on the affidavit and his ID proof is | |
| enclosed with the affidavit. | |
| That the concerned police is intended to arrest to | |
| 2. | |
| the applicant with connection to the First | |
| Information Report dated 05.04.2021 lodged by the | |
| informant against the applicant and 14 other | |
| persons as Case Crime No. 125 of 2021 under | |
| Sections 420, 467, 468, 471, 272, 273 of I.P.C. | |
| and 60, 60A, 63 of U.P. Excise Act, 1910 at Police | |
| Station – Kunda, District – Pratapgarh. | |
| That the applicant, further declared that the | |
| 3. | |
| first information report lodged by the informant | |
| namely Shri Devendra Pratap Singh, Station House | |
| Officer, Police Station - Kunda, District – | |
| Pratapgarh, under Sections 420, 467, 468, 471, | |
| 272, 273 of I.P.C. and 60, 60A, 63 of U.P. Excise | |
| Act, 1910 which is not fallen under Section 438(6) | |
| of Cr.P.C.. | |
| That this is the First anticipatory bail | |
| 4. | |
| application before this Hon'ble Court, which is | |
| being filed under Section 438 of Cr.P.C., before | |
| this Hon'ble High Court and no any other | |
| anticipatory bail is being before this Hon'ble | |
| High Court or at Allahabad or before any other | |
| High Court in India, pertaining to the same | |
| subject matter. | |
| That the applicant has moved anticipatory bail | |
| 5. | |
| application bearing No. 1245 of 2021 filed before | |
| the Session Judge, Pratapgarh by the applicant has | |
| been rejected vide order dated 24.06.2021 passed | |
| by the court concerned. No other any anticipatory | |
| bail application pending before this Hon'ble High | |
| Court or rejected by this Hon'ble High Court. The | |
| certified copy of the order dated 24.06.2021 | |
| passed by this Session Judge, Pratapgarh is being | |
| annexed herewith as Annexure No. 01 to this | |
| application. | |
| That the first information report dated 05.04.2021 | |
| 6. | |
| has been lodged by the informant against the | |
| applicant and 14 other persons as Case Crime No. | |
| 125 of 2021 under Sections 420, 467, 468, 471, | |
| 272, 273 of I.P.C. and 60, 60A, 63 of U.P. Excise | |
| Act, 1910 at Police Station – Kunda, District – | |
| Pratapgarh. The photo/typed copy of the FIR dated | |
| 05.04.2021 is being annexed herewith as Annexure | |
| No. 02 to this affidavit. | |
| That the case of prosecution in a nutshell as that | |
| 7. | |
| the informant and his team on patrolling of area | |
| on 05.04.2021 and that time the informant got | |
| information from his informer (eq[kfcj) in regard | |
| of huge adulterated liquor stored in shop situated | |
| between Babuganj Highway and railway line. | |
| That the raid has been conducted by the informant | |
| 8. | |
| alongwith his team on 05.04.2021 at alleged place | |
| of occurrence and seized lot of adulterated liquor | |
| and no anyone arrested by the concerned police at | |
| the time raid. | |
| That the name of the applicant was told by the | |
| 9. | |
| (eq[kfcj) | |
| informer of the informant during the | |
| raid, where he was present and on basis which the | |
| applicant is named in the first information | |
| report. | |
| That the name of the applicant is shown at serial | |
| 10. | |
| No. 11 in the accused column in the first | |
| information report dated 05.04.2021. | |
| That the real fact of the incident is that the | |
| 11. | |
| applicant is falsely implicated by the concerned | |
| police for showing their good work and also for | |
| extraneous reasons. | |
| That there is no concerned with the said | |
| 12. | |
| allegation regarding illegal adulterated liquor as | |
| alleged by the informant against the applicant in | |
| any manner. | |
| That it is further relevant to mention that in | |
| 13. | |
| year 2019 during the Lok Sabha election the | |
| applicant’s father opposed the present Member of | |
| Parliament (i.e. ruling party) due to which he has | |
| enmity with the applicant’s father. | |
| That the applicant’s father was threatened by the | |
| 14. | |
| present Member of Parliament to support his | |
| candidate contesting for Zila Panchyat in local | |
| body elections held in last few days ago otherwise | |
| he would be suffer a lot but the applicant’s | |
| father denied for the same as he has follower of | |
| the other political party, which is not ruling and | |
| contesting against the present ruling party with | |
| its best. | |
| That due to aforesaid reasons for building | |
| 15. | |
| pressure upon the applicant’s father the present | |
| Member of Parliament is misusing the District | |
| Administration/ authorities against the applicant, | |
| his father and brother, lodged the first | |
| information report. | |
| That in result of the above, the informant falsely | |
| 16. | |
| 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 informant falsely implicates the | |
| 17. | |
| applicant, in the said crime, due to their own | |
| personal/political reasons, behest the Member of | |
| Parliament, which is baseless and illegal due to | |
| ulterior motive. | |
| That nothing has been recovered with regard to | |
| 18. | |
| adulterated liquor from the applicant’ possession | |
| and place in any manner by the informant. | |
| That the applicant has no concerned with the | |
| 19. | |
| recovered liquor from the alleged place by the | |
| informant. | |
| That it is relevant to mention here that neither | |
| 20. | |
| any other evidence against the applicant nor there | |
| is hope to found by the investigation officer as | |
| nothing has been done by the applicant. | |
| That the entire case has been made and based | |
| 21. | |
| against the applicant only on information of the | |
| police informer. | |
| That the applicant is innocent and belongs | |
| 22. | |
| respected family and the applicant has not | |
| involved in any criminal activity ever. | |
| That the applicant is well settled in the Lucknow | |
| 23. | |
| and running his successful business and resident | |
| since long back in District Lucknow and the | |
| applicant has no concerned with the alleged liquor | |
| as stated by the informant in first information | |
| report. | |
| That the applicant is named in first information | |
| 24. | |
| as his father and brother have also named in first | |
| information report by the informant due to | |
| ulterior motive. | |
| That the first information report has been lodged | |
| 25. | |
| by the Informant against the applicant on the | |
| basis of wrong facts and the applicant believed | |
| that the concerned police would be arrest the | |
| applicant. | |
| That in similar sections this Hon'ble High Court | |
| 26. | |
| granted anticipatory bail to applicant of the | |
| Anticipatory Bail No. 6607 of 2021 (Shalvendra | |
| Pratap Singh Vs State of U.P. and another) vide | |
| order dated 30.06.2021. The photocopy of the order | |
| dated 30.06.2021 passed by this Hon'ble High Court | |
| is being annexed herewith as Annexure No. 03 to | |
| this application. | |
| That apart from present case, against the | |
| 27. | |
| applicant some other cases lodged, which are as | |
| under: | |
| Case Crime No. 319 of 2016 under Sections 419, | |
| i. | |
| 420, 467, 468, 471, 272, 273 of IPC and 60/63 | |
| of Excise Act at Police Station – Baghrai, | |
| District – Pratapgarh, in which as per best | |
| knowledge of the applicant has been exonerated | |
| from the case crime. | |
| Case Crime No. 124 of 2021 under Sections | |
| ii. | |
| 272, 273, 420, 467, 468, 471, of IPC and 60, | |
| 60A, 63, 63A of Excise Ac and 103, 104 of The | |
| Trade and Merchandise Marks Act, 1958 at | |
| Police Station – Kunda, District – Pratapgarh, | |
| in which the Anticipatory bail application of | |
| the applicant is pending before the learned | |
| court below. | |
| That if the applicant will arrested, the applicant | |
| 28. | |
| will suffer irreparable loss and injury as the | |
| applicant has not committed any offence. | |
| That there is no chance of the applicant | |
| 29. | |
| absconding or tempering with the prosecution | |
| witnesses. | |
| That the applicant is ready to furnished the | |
| 30. | |
| security and bond and also undertake that he will | |
| be never misused liberty of anticipatory bail. | |
| That in view of the above, it would be expedient | |
| 31. | |
| and necessary in the interest of justice that the | |
| applicant be enlarged on anticipatory bail, during | |
| pendency of case. | |
| Lucknow | |
| Date: .08.2021 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 | |
| Date : .08.2021 Deponent | |
| I, identify the deponent and 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 as | |
| per identity shown by him. | |
| Advocate | |
| Solemnly affirmed before me on | |
| at A.M./P.M. by the deponent, named above, | |
| 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, Raibareli Road, Lucknow. | |
| 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. | |
| OATH | |
| COMMISSIONER | |