Prompt: Generate a Bail Application involving the following key legal details: - CASE: Crime No. 35 of 2020 - DISTRICT: Not available - BAIL APPLICATION: Not available --- Output: IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW BENCH : LUCKNOW Crl. Misc. Case No. (B) Of 2020 Shubham Singh aged about 20 years son of Pushpraj Singh resident of Village – Sahibapur Derva, Pahadpur Banohi, Police Station - Kunda, District – Pratapgarh .....Applicant (In jail since 05.08.2020) Versus State of U.P. ......Opposite Party Crime No. :35 of 2020 Under Section : 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 Police Station :Kunda District :Pratapgarh Bail rejected by Additional Session Judge/ F.T.C. – 1 (Gangster Court), Pratapgarh on 28.08.2020 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. 35 of 2020 under section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 (in Police Station – Kunda, District – Pratapgarh during the pendency of his trial, in the interest of justice. Lucknow (Pradeep Kumar Singh ‘Bisen’) Advocate Date: 28.08.2020 Counsel for the Applicant IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLHABAD LUCKNOW BENCH: LUCKNOW Crl. Misc. Case No. (B) Of 2020 Crime No. :35 of 2020 Under Section : 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 Police Station :Kunda District :Pratapgarh Bail rejected by Additional Session Judge/ F.T.C. – 1 (Gangster Court), Pratapgarh on 28.08.2020 Shubham Singh .....Applicant (In jail since 05.08.2020) Versus State of U.P. ....Opposite Party AFFIDAVIT (In support of first bail application) I, Pushpraj Singh aged about 47 years son of Shri Hridesh Singh resident of Village – Sahibapur Derva, Pahadpur Banohi, Police Station - Kunda, District – Pratapgarh, Religion – Hindu, Occupation – Agriculture, Education – Intermediate, 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 08.02.2020 at about 21.26 Hours, the 4. informant Shri Devendra Pratap Singh, In charge Inspector, Police Station – Kunda, District – Pratapgarh lodged a first information report against 04 persons including the applicant at Case Crime No. 35 of 2020 under section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 (hereinafter referred to ‘Gangster Act’) in Police Station – Kunda, District – Pratapgarh. The photo and typed copy of the first information report dated 08.02.2020 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 11.01.2020. 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 08.02.2020 under Section 2/3 of Gangster Act:- Case Crime No. 154 of 2019 under Sections 8.i. 457, 380, 411, 413, 414 of I.P.C., at Police Station – Kunda, District – Pratapgarh, in which the charge sheet No. 155A of 2020 filed by the concerned police on 10.01.2020. In aforesaid case, the applicant has been released on bail by the court concerned on 02.01.2020. Case Crime No. 155 of 2019 under 8.ii. Sections 457, 380, 411, 413, 414 of I.P.C., at Police Station – Kunda, District – Pratapgarh, in which the charge sheet No. 159A of 2020 filed by the concerned police on 10.01.2020. In aforesaid case, the applicant has been released on bail by the court concerned on 11.12.2019. Case Crime No. 156 of 2019 under 8.iii. Sections 457, 380, 411, 413, 414 of I.P.C., at Police Station – Kunda, District – Pratapgarh, in which the charge sheet No. 160A of 2020 filed by the concerned police on 10.01.2020. In aforesaid case, the applicant has been released on bail by the court concerned on 11.12.2019. Case Crime No. 193 of 2019 under 8.iv. Sections 457, 380, 411, 413, 414 of I.P.C., at Police Station – Kunda, District – Pratapgarh, in which the charge sheet No. 161A of 2020 filed by the concerned police on 10.01.2020. In aforesaid case, the applicant has been released on bail by the court concerned on 17.12.2019. Case Crime No. 246 of 2019 under Sections 8.v. 457, 380, 411, 413, 414 of I.P.C., at Police Station – Kunda, District – Pratapgarh, in which the charge sheet No. 162A of 2020 filed by the concerned police on 10.01.2020. In aforesaid case, the applicant has been released on bail by the court concerned on 17.12.2019. Case Crime No. 248 of 2019 under 8.vi. Sections 457, 380, 411, 413, 414 of I.P.C., at Police Station – Kunda, District – Pratapgarh, in which the charge sheet No. 153A of 2020 filed by the concerned police on 10.01.2020. In aforesaid case, the applicant has been released on bail by the court concerned on 23.12.2019. Case Crime No. 249 of 2019 under 8.vii. Sections 457, 380, 411, 413, 414 of I.P.C., at Police Station – Kunda, District – Pratapgarh, in which the charge sheet No. 150A of 2020 filed by the concerned police on 10.01.2020. In aforesaid case, the applicant has been released on bail by the court concerned on 23.12.2019. Case Crime No. 253 of 2019 under 8.viii. Sections 457, 380, 411, 413, 414 of I.P.C., at Police Station – Kunda, District – Pratapgarh, in which the charge sheet No. 164A of 2020 filed by the concerned police on 10.01.2020. In aforesaid case, the applicant has been released on bail by the court concerned on 19.12.2019. Case Crime No. 235 of 2019 under 8.ix. Sections 147, 148, 149, 452, 386, 504, 506 of IPC and 3(2)5 of S.T. & S.C. Act, at Police Station – Kunda, District – Pratapgarh. In aforesaid case, the applicant has been released on bail by the court concerned on 09.01.2020. The photocopies of the orders passed by the court concerned by which the applicant has been enlarged on bail are being annexed herewith as Annexure No. 3 to this application. That it is relevant to mention here that the co- 9. accused of the case crime namely Shubham Singh alias Sibbu Singh enlarged on bail by this Hon'ble High Court vide order dated 16.06.2020 in Crl. Misc. Case. No. 3066 (B) of 2020 (Shubham Singh @ Sibbu Singh Vs State of U.P.). The photocopy of the order dated 16.06.2020 passed by this Hon'ble High Court is being annexed herewith as Annexure No. 4 to this affidavit. That it is relevant to mention here that the 10. 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 11. applicant is student and 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 12. 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 13. 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 14. applicant is in jail since 05.08.2020 without committing any offense. That the applicant had moved his bail application 15. bearing number 1253 of 2020 before the Bail rejected by Additional Session Judge/ F.T.C.-I, (Gangster Court), Pratapgarh and same has been rejected on 28.08.2020. The free certified copy of the bail rejection order dated 28.08.2020 is annexed herewith as Annexure No. 5 to this affidavit. That the applicant will not misuse the liberty of 16. bail if so granted by this Court. That the applicant has no motive to commit the 17. 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 18. absconding or tempering with the prosecution witnesses. That the applicant is ready to furnish personal 19. 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 20. and necessary in the interest of justice that the applicant be enlarged on bail during pendency of his trial. Lucknow Date : 29.08.2020 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 : 29.08.2020 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 2020 Shubham Singh .....Applicant (In jail since 05.08.2020) 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 photo and typed copy of the first information report dated 08.02.2020 Annexure No. 2 5. The photo and typed copy of the gang chart Annexure No. 3 6. The photocopies of the orders passed by the court concerned by which the applicant has been enlarged on bail Annexure No. 4 7. The photocopy of the order dated 16.06.2020 passed by this Hon'ble High Court Annexure No. 5 8. The certified copy of the bail rejection order dated 28.08.2020 ID proof of the deponent 9. Memo 10. E-court fee receipt 11. Lucknow (Pradeep Kumar Singh ‘Bisen’) Advocate Date: 28.08.2020 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 2020 Shubham Singh .....Applicant (In jail since 05.08.2020) Versus State of U.P. ....Opposite Party Annexure No.