Prompt: Generate a Bail Application involving the following key legal details: - CASE: Crime No. 160 of 2018 - 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 Aziz Khan aged about 61 years son of Shri Chelha Khan resident of Village – Banjholwa hamlet of Darra, Pure Madari, Police Station – Udaypur, District – Pratapgarh .....Applicant (In Jail from 02.09.2018) Versus State of Uttar Pradesh .....Opposite Party Case Crime No. 160 of 2018 U/s 419, 420, 467, 468, 471, 255, 272 I.P.C. U/s 60, 63 of U.P. Excise Act, 1910 U/S 63 of Copyright Act, 1957 Police Station – Udaypur District – Pratapgarh Bail application rejected by Additional Session Judge Pratapgarh, on 25.09.2018 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. 160 of 2018 U/s 419, 420, 467, 468, 471, 255, 272 I.P.C. U/s 60, 63 of U.P. Excise Act, 1910 U/S 63 of Copyright Act, 1957 Police Station – Udaypur District – Pratapgarh Bail application rejected by Session Judge, Pratapgarh, on 25.09.2018 IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH, LUCKNOW Criminal Misc. Case No. (B) of 2018 Aziz Khan ...Applicant (In Jail from 02.09.2018) Versus State of Uttar Pradesh ....Opposite Party AFFIDAVIT (In support of bail application) I, Jaybeer Ali aged about 47 years son of Shri Sikandar resident of Kalua Ghat, Aoripur Naugir, Ramganj, Police Station – Sangipur, District – Pratapgarh, Religion – Muslim, Occupation – labour, Education – Literate, do hereby solemnly affirm and states on oath as under :- That the deponent is the pairokar of the applicant 1. 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 the informant namely Shri Virendra Kumar 3. Singh, Station House Officer, Police Station – Udaypur, District – Pratapgarh lodged a first information report and stated therein as the informant and his team (other police personnel) got information in regard of huge Adulterated liquor, rapper and equipment for packaging/making liquor at poultry form nearby Kalua Ghat and his team raid at said poultry form where the 2 persons were arrested on the spot, they were working with the adulterated liquor. The photo/typed copy of the first information report dated 07.04.2006 is being annexed herewith as Annexure No. 01 to this application. That the name of the applicant mentioned in first 4. information report as Azeem Khan at serial No. 2 of accused column, while his name is Aziz Khan. That the real fact of the incident is that the 5. 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 6. allegation as alleged by the informant. The applicant is only labour/chaukidar in poultry form and he was present at time of raid conducted by the team. That here it is relevant to mention that the 7. applicant was working in said poultry form as labour and also working as chaukidar so he was also found at night. At time raid the applicant informed the applicant regarding his status in poultry form but for showing his good work and conduct, named in first information report. That thereafter the informant falsely implicates 8. the applicant, in the said crime, which is baseless and illegal as the applicant are not involved in any criminal activity as alleged against him. That it is relevant to mention here that the 9. nothing has been recovered from the applicant, the recovery which has been made related to case crime is incorrect and wrong. That the informant levelled the charges upon the 10. applicant for working with the illegal liquor, which is wrong and incorrect. The informant with ill intension incorporate the applicant’s name in said first information report. That it is relevant and most important to mention 11. here that where the concerned police raided at alleged place i.e. poultry form of Shri Guddu Singh alias Kedarnath, which has no any concerned with the said place with the applicant in any manner as alleged against him. That the informant falsely implicates the 12. applicant, in the said crime, which is baseless and illegal due to ulterior motive. That the nothing was recovered in the regard of 13. Adulterated liquor from the applicant in any manner by the investigation officer. That since the applicant has not committed any 14. offence as alleged, hence no offence under Sections 419, 420, 467, 468, 471, 255, 272 I.P.C., 60, 63 of U.P. Excise Act, 1910 and 63 of Copyright Act, 1957 at Police Station – Udaypur, District – Pratapgarh, is made against him. That the applicant is 61 year old person and also 15. he is under treatment and needs proper treatment. The photocopy of the adhar card and medical treatment papers of the applicant is being annexed herewith as Annexure No. 2 to this affidavit. That it is relevant to mention here that the 16. applicant was falsely implicated by the informant in said case crime with collusion of the concerned police. That there is no credible evidence on record, 17. 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, 255, 272 I.P.C., 60, 63 of U.P. Excise Act, 1910 and 63 of Copyright Act, 1957 is made out against the applicant. That till yet the charge sheet has not filed by 18. the concerned police in said case crime. 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. 1609 of 2018 before Session Judge and his bail application has been rejected by the court concerned on 25.09.2018. The photo copy of the order dated 25.09.2018 passed by court concerned is being annexed as Annexure No. 3 to this application. That the applicant in jail since 02.09.2018 22. without committing any offence as alleged against the applicant by the informant. That there is no possibility of the applicant’s 23. conviction because he has not committed the crime in question as alleged by the informant. That the applicant undertakes that he will not 24. misuse the liberty of bail if so granted by this Court. That there is no chance of the applicant 25. absconding or tempering with the prosecution witnesses. That the applicant is ready to furnished the 26. security and bond and also undertake that he will be never misused liberty of bail. That there is no independent witness of alleged 27. recovery made from the applicant while the nothing has been recovered from the applicant. That in view of the above, it would be expedient 28. 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 Aziz Khan ...Applicant (In Jail from 02.09.2018) 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 photo/typed copy of the first information report dated 02.09.2018 Annexure No. 2 4. The photocopy of the adhar card and medical treatment papers of the applicant Annexure No. 3 5. The photo copy of the order dated 25.09.2018 passed by court concerned ID proof of the deponent 6. Memo 7. Lucknow (Pradeep Kumar Singh ‘Bisen’) Advocate Date: .2018 Counsel for the Applicant