Prompt: Generate a Bail Application involving the following key legal details: - CASE: Crime No. 173 of 2021 - DISTRICT: Barabanki - BAIL APPLICATION: Bail Application No. 1712 of 2022 --- Output: IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW BENCH : LUCKNOW CRL. MISC. CASE NO. (B) OF 2022 Chhotu alias Gajendra Pratap Singh son of Shri Satguru Sharan Singh resident of Village – Deeha hamlet of Kithai, Police Station – Dariyabad, District – Barabanki ....Accused/Applicant (In Jail since 29.10.2021) Versus State of Uttar Pradesh through Additional Chief 1. Secretary, Home, Civil Secretariat, Government of U.P., Lucknow ABC, Informant of Case Crime No. 173 of 2021 under 2. Sections 363, 366, 376 of IPC and 3/4 of The Protection of Children from Sexual Offences Act, 2012 related to the Police Station – Dariyabad, District – Barabanki service of notice through Investigating Officer/ S.H.O. Dariyabad, District – Barabanki Child Welfare Committee, District – Barabanki 3. High Court Legal Service Committee, High Court, 4. Lucknow ..........Opposite Party Case Crime No.: 173 of 2021 Under Section : 363, 366, 376 of IPC and 3/4 of The Protection of Children from Sexual Offences Act, 2012 Police Station :Dariyabad District :Barabanki First Bail Application No. 1712 of 2022 has been rejected on 18.05.2022 by this Hon'ble High Court. SECOND 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. 173 of 2021 under Sections 363, 366, 376 of IPC and 3/4 of The Protection of Children from Sexual Offences Act, 2012 related to the Police Station – Dariyabad, District – Barabanki during the pendency of his trial, in the interest of justice. Lucknow (Pradeep Kumar Singh ‘Bisen’) Advocate Date: .2022 Counsel for the Applicant Note: The first bail application filed by the applicant bearing Crl. Misc. Case No. 1712 (B) of 2022 (Chhotu alias Gajendra Pratap Singh Vs State of U.P.) has been rejected on 18.05.2022 by Hon’ble Justice Dinesh Kumar Singh ‘J’. Lucknow (Pradeep Kumar Singh ‘Bisen’) Advocate Date: .2022 Counsel for the Applicant IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLHABAD LUCKNOW BENCH: LUCKNOW CRL. MISC. CASE NO. (B) OF 2022 Chhotu alias Gajendra Pratap Singh ....Accused/Applicant (In Jail since 29.10.2021) Versus State of U.P. and others .......Opposite Parties AFFIDAVIT (In support of first bail application) I, Smt. Ruchi Singh aged 23 years wife of Shri Gajendra Pratap Singh resident of Village – Deehanehighat, Birkithai, Tahsil – Sirauli Gauspur, Police Station – Dariyabad, District - Barabanki, Religion – Hindu, Occupation – Housewife, Qualification – Literate, deponent do hereby solemnly affirm and state as under :- That the deponent is the wife of the applicant 1. and doing pairvi of the aforesaid case and as such she is fully conversant with the facts of the case deposed herein under. That the photograph of the deponent is being 2. pasted on the first page of this affidavit and photocopy of ID proof of the deponent is being annexed with this affidavit. That this is the second bail application on 3. behalf of the applicant on new grounds before this Hon'ble High Court. Earlier the first bail application filed by the applicant bearing Crl. Misc. Case No. 1712 (B) of 2022 (Chhotu alias Gajendra Pratap Singh Vs State of U.P.) has been rejected on 18.05.2022 by Hon’ble Justice Dinesh Kumar Singh ‘J’. This is the second bail application of the applicant before the Hon'ble Court and no other bail application is pending before in any court of law on his behalf. The photocopy of the order dated 18.05.2022 passed by this Hon'ble High Court is being annexed herewith as Annexure No. 1 to this affidavit. That the brief fact of the case for proper 4. adjudication is being before this Hon'ble Court. That the first information report was logged by 5. the opposite party No. 2 on the 05.10.2021 at 18.55 hours against the applicant and 3 others registered as Case Crime No. 173 of 2021 under Sections 363, 366 of IPC relating to Police Station – Dariyabad, District – Barabanki regarding the incident dated 27.09.2021. The photo/type copy of the first information report dated 05.10.2021 is being annexed herewith as Annexure No. 2 to this affidavit. That according to the First Information Report 6. lodged by the informant, the prosecution story is in nutshell that on 27.09.2021 around 15.00 hours, the minor daughter of the opposite party No. 2 has been abducted by the applicant and others and the opposite party No. 2 tried his best to find out but his daughter is still missing. That the alleged incident which was occurred on 7. 27.09.2021 at 15.00 hours but the first information report has been lodged after 8 days delayed i.e. on 05.10.2021 at 18.55 hours about without giving any explanation with regard to delay caused in lodging first information report, which is already questionable and doubtful as the opposite party No. 2 and his family lodged aforesaid first information after legal advice. That the statement of the opposite party No. 2 8. was recorded by the concerned police under Section 161 of Cr.P.C., in which he changed the date of alleged incident from 27.09.2021 to 29.09.2021 and rest repeated his first information report. The typed copy of the statement of the opposite party No. 2 recorded by the concerned police is being annexed herewith as Annexure No. 3 to this affidavit. That the victim i.e. daughter of the opposite 9. party No. 2 has been recovered by the concerned police on 06.10.2021 and her statement has been recorded by the concerned police under Section 161 of Cr.P.C., in which she stated that the applicant had abducted her on 29.09.2021 and committed rape with her on 01.10.2021. The opposite party No. 2 stated in his first information report that his daughter abducted on 27.09.2021. The typed copy of the statement of the victim dated 06.10.2021 recorded by the concerned police is being annexed herewith as Annexure No. 4 to this affidavit. That the medical of the victim has been conducted 10. on 08.10.2022 by the doctor concerned. During medical the victim said that the applicant molest her and she returned to village on 03.10.2021. The age of the victim ascertained 11 years by the doctor concerned and there were no spermatozoa found. The photo/typed copy of the medical of the victim dated 08.10.2021 is being annexed herewith as Annexure No. 5 to this affidavit. That the statement of the victim under Section 11. 164 of Cr.P.C. is being recorded by the concerned Magistrate on 22.10.2021 i.e. after more than 16 days after alleged recovery of the victim. The victim stated in her statement that after commission of rape with her, she sent to her house on 03.10.2021 by the applicant’s brother. The photo/typed copy of the statement of the victim under Section 164 of Cr.P.C. dated 22.10.2021 is being annexed herewith as Annexure No. 6 to this affidavit. That the victim was reached to her house on 12. 03.10.2021 but opposite party No. 2 and other have lodged the first information report against the applicant on 05.10.2021, after taking legal advice in which the concerned police helped the opposite party No. 2 for extraneous reasons, which was offered by the real culprit of the case crime. That the applicant is innocent and he has falsely 13. been implicated by the opposite party No. 2 and the said first informant report just to take revenge with the applicant due to certain reasons, while no such incident has taken place as alleged by the opposite party No. 2. That the real fact of the case is that one 14. Kuldeep son of Shri Ram Adhar Yadav resident of Village – Deeha hamlet of Kithai, Police Station – Dariyabad, District – Barabanki (hereinafter referred to as ‘main accused’). That there is a land dispute between the family 15. members of the applicant and main accused of the case crime since long back and a civil suit is pending before the court concerned. That the daughter of the opposite party No. 2 16. having relation with the main accused since long time. That the family members of the main accused 17. several time threaten the applicant’s family to face consequences of dispute, which is pending before them. That when the opposite party No. 2 came to know 18. about the relationship of the main accused and his daughter then the main accused and his family conspire against the applicant and his family along with the opposite party No. 2. That the main accused and his family members paid 19. huge amount to the opposite party No. 2 after selling his land for falsely implicating the applicant in false case of rape allegation. That thereafter the false case has been lodged 20. against the applicant and main accused itself with the help of the concerned police for extraneous reasons. That here it is relevant to mention that if the 21. allegation of the opposite party No. 2 is correct then why the first information report lodged on 03.10.2021, when the victim was returned to home. That the wife of the applicant born a baby girl 22. on 08.07.2021 after major operation and the allegation made against the applicant that he abducted the victim and brought her to Lucknow along with his family i.e. wife, daughter, brother and bhabhi and residing under one roof and raped her. The photocopy of the birth certificate and discharge certificate of the applicant’s wife is being annexed herewith as Annexure No. 7 to this affidavit. That after the lodging the first information 23. report, the dispute between the applicant’s family and main accused family on high then the concerned police challaned the both parties on 14.10.2021 mentioning therein that the between the both parties has civil dispute. The photocopy of the challan report of the applicant’s and main accused family dated 14.10.2021 is being annexed herewith as Annexure No. 8 to this affidavit. That the name of the main accused has been 24. dropped from the investigation by the investigating officer after taking money from the main accused. In said regard the mother of the applicant moved an application on 11.11.2021 before the higher authorities of the police department and requested therein to transfer the investigation to another investigating agency in the interest of justice. The photocopy of the application moved by the applicant’s mother on 11.11.2021 is being annexed herewith as Annexure No. 9 to this affidavit. That the victim was with the applicant and others 25. about 8 days as per first information report lodged by the opposite party No. 2 but she has never raised an alarm for her safe guard and even she has never stated before any authority or court that the she was under life threat. That the trial has been initiated in which the 26. statement of the opposite party No. 2 as P.W.- 1 recorded on 05.05.2022, in his chief he stated that the applicant and main accused abducted her daughter and in cross examination he stated as “esjh yMdh dks dqynhi Hkxk dj ugha ys x;s FksA NksVw Hkxk dj ys x;k Fkk esjh yMdh dks iqfyl okys NksVw ds ?kj ij cjken fd;k Fkk ” while the concerned police shows the recovery of the victim from Chhoti Miner, Laxmanpur. That the opposite party No. 2 himself admitted 27. that the main accused and victim was in love, he stated as “esjh llqjky dLck bpkSyh esa gS usgk dk ufugky Hkh ogha gSa dqynhi dh Hkh fj”rsnkjh mlh xkao esa gS blfy, dqynhi dk vkuk tkuk usgk ds ikl gksrk jkgk gSA bl dkj.k dqynhi o usgk dk fnyh yxko iSnk gks x;k gSA ” The aforesaid admission itself supported the averments of the applicant. The photo/ type copy of the statement of the P.W.-1/ opposite party No. 2 is being annexed herewith as Annexure No. 10 to this affidavit. That the statement of the victim recorded before 28. the trial court on 01.09.2022, in which she stated as “tc eq>s y[kuÅ x;s Fks mlds nwljs fnu esjs lkFk xyr dke fd;k FkkA eSaus NksVw ds HkS;k HkkHkh ls crk;k FkkA fQj NksVw eq>s vius xkao dh rjQ Hkstus yk;s Fks rks ekbuj ij esjs eEeh ikik o iqfyl okys fey x;s Fks rks NksVw eq>s NksMdj Hkkx x;sA ogkW ls iqfyl okys eq>s Fkkus ysdj x;sA ” The statement of the victim clearly shows that she was returned to her house on 03.10.2021 and concerned police was also there but the recovery of the victim shown by the concerned police on 06.10.2021 for extraneous reasons. The photo/ typed copy of the statement of the victim given before trial court is being annexed herewith as Annexure No. 11 to this affidavit. That the conduct of the investigating officer was 29. not fair and he was working for the main accused for extraneous reasons, which is clear by the statement of the victim, who said in her cross examination as “eSa y{e.kiqj ,d ckj Hkh ugha x;hA iqfyl okyksa us crk;k fd txg dk uke y{e.kiqj pkSjkgk ij viuh cjkenxh crkukA tc eSa vius firk dks fey x;h] rc Fkkus ij vk dj fjiksVZ fy[kk;h x;h] esjs firk th ds }kjkA ” That according to the prosecution story it 30. clearly reveals that story of the prosecution is based on only false, incorrect facts and grounds and also concerned police avoiding the truth of case for extraneous reasons and there is no an evidence against the applicant/accused. That the applicant had applied for bail before 31. the Additional Sessions Judge/ Special Judge (POCSO Act), Room No. 44, Barabanki bearing Bail Application No. 2531 of 2021 but the same has been rejected on insufficient grounds vide order dated 19.11.2021. The photo copy of bail rejection order dated 19.11.2021 passed by the learned court is annexed herewith as Annexure No. 12 to this affidavit. That since the applicant has not committed any 32. offence as alleged but he has been falsely implicated in the case by the opposite party No. 2 and their family members in malafide intention. That there are only two witnesses of facts i.e. 33. opposite party No. 2 and victim, which has been examined before the trail court. That there is no possibility of the applicant 34. conviction because he has not committed the crime in question, as alleged by the prosecution. That there is no chance of applicant absconding 35. or tampering with the prosecution witnesses and they are willing to offer bail to the satisfaction of this Hon’ble Court. That the applicant is in Jail since 29.10.2021 36. without committing any offence. That the applicant will cooperate with the trial 37. and will not tamper the prosecution witnesses. That the applicant undertakes that they will not 38. misuse the liberty of bail if so granted by this Hon’ble Court. That the applicant is ready and willing to file 39. adequate surety as the Hon’ble Court may deems fit and proper in the circumstances of the case. That in view of the above, it would be expedient 40. and necessary in the interest of justice that the applicant be enlarged on bail Case Crime No. 173 of 2021 under Sections 363, 366, 376 of IPC and 3/4 of The Protection of Children from Sexual Offences Act, 2012 related to the Police Station – Dariyabad, District – Barabanki, during pendency of case. Lucknow Date : .2022 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 : .2022 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, above named, 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 to her. OATH COMMISSIONER Code: 401 508 GROUP : Bail DISTRICT: Barabanki IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLHABAD LUCKNOW BENCH: LUCKNOW CRL. MISC. CASE NO. (B) OF 2022 Chhotu alias Gajendra Pratap Singh ....Accused/Applicant (In Jail since 29.10.2021) Versus State of U.P. and others .......Opposite Parties INDEX Sr Particulars Page No. No. 1 Application for Bail (second) Separate 2 Affidavit in support of second bail application 3 Annexure No. 1 The photocopy of the order dated 18.05.2022 passed by this Hon'ble High Court 4 Annexure No. 2 The photo/type copy of the first information report dated 05.10.2021 5 Annexure No. 3 The typed copy of the statement of the opposite party No. 2 recorded by the concerned police 6 Annexure No. 4 The typed copy of the statement of the victim dated 06.10.2021 recorded by the concerned police 7 Annexure No. 5 The photo/typed copy of the medical of the victim dated 08.10.2021 8 Annexure No. 6 The photo/typed copy of the statement of the victim under Section 164 of Cr.P.C. dated 22.10.2021 9 Annexure No. 7 The photocopy of the birth certificate and discharge certificate of the applicant’s wife 10 Annexure No. 8 The photocopy of the challan report of the applicant’s and main accused family dated 14.10.2021 11 Annexure No. 9 The photocopy of the application moved by the applicant’s mother on 11.11.2021 12 Annexure No. 10 The photo/ type copy of the statement of the P.W.-1/ opposite party No. 2 13 Annexure No. 11 The photo/ typed copy of the statement of the victim given before trial court 14 Annexure No. 12 The photo copy of bail rejection order dated 19.11.2021 passed by the learned court 15 Photocopy of ID of the deponent 16 Memo Lucknow (Pradeep Kumar Singh ‘Bisen’) Advocate Date: .2022 Counsel for the Applicant Mobile No.: 9415288732