Prompt: Generate a Bail Application involving the following key legal details: - CASE: Crime No. 49 of 2021 - DISTRICT: Pratapgarh - BAIL APPLICATION: Not available --- Output: IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW BENCH, LUCKNOW Crl. Misc. Case No. (B) Of 2021 Sudhakar Singh …..Applicant Versus State of Uttar Pradesh ....Opposite Party INDEX Sr.N o 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 15.07.2021 passed by this Session Judge, Pratapgarh Annexure No. 2 4. The photo/typed copy of the First Information Report dated 02.04.2021 Annexure No. 3 5. The typed copy of the statements of arrested accused Annexure No. 4 6. The photo/type copy of the certificate issued by the railway authority on 15.04.2021 Annexure No. 5 7. The photocopies of the fee receipts of the applicant’s children Annexure No. 6 8. The photocopies of the certificates related to the volleyball Annexure No. 7 9. The typed of the remand application moved by the concerned police on 14.04.2021 Annexure No. 8 10. The photocopies of the bail orders passed by the court concerned in said case crime Annexure No. 9 11. The photo/ typed copy of the forged and fabricated recovery memo dated 02.04.2021 prepared by the concerned police Annexure No. 10 12. The photocopies of the bail order and other related documents Annexure No. 11 13. The photocopies of the bail order accused of the case crime passed by this Hon'ble High Court and court below Annexure No. 11 14. The photocopy of the order dated 28.07.2021 passed by this Hon'ble High Court ID proof of the deponent 15. Power 16. 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 Sudhakar Singh aged about 38 years son of Shri Kunj Bihari Singh resident of Village – Purmai Sultanpur, Police Station – Maheshganj, District – Pratapgarh presently residing at House No. 20/71, Sector – 20, Indira Nagar, Lucknow ....Applicant Versus State of Uttar Pradesh .....Opposite Party Case Crime No. 49 of 2021 U/s 420, 467, 468, 471, 272, 273 of I.P.C., 60(2), 60A, 63 of U.P. Excise Act, 1910, 63A of Copyright Act, 1957 and 103, 104 of The Trade and Merchandise Marks Act, 1958 Police Station – Hathigawan District – Pratapgarh Anticipatory Bail Application No. 1300 of 2021 has been rejected by Sessions Judge, Pratapgarh on 15.07.2021 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 anticipatory bail to the applicant in connection with Case Crime No. 49 of 2021 under Sections 420, 467, 468, 471, 272, 273 of I.P.C., 60(2), 60A, 63 of U.P. Excise Act, 1910, 63A of Copyright Act, 1957 and 103, 104 of The Trade and Merchandise Marks Act, 1958 at Police Station – Hathigawan, District – Pratapgarh, in the interest of Justice. Lucknow (Pradeep Kumar Singh “Bisen”) Advocate Dated : .08.2021 Counsel for the applicant Case Crime No. 49 of 2021 U/s 420, 467, 468, 471, 272, 273 of I.P.C., 60(2), 60A, 63 of U.P. Excise Act, 1910, 63A of Copyright Act, 1957 and 103, 104 of The Trade and Merchandise Marks Act, 1958 Police Station – Hathigawan District – Pratapgarh Anticipatory Bail Application No. 1300 of 2021 has been rejected by Sessions Judge, Pratapgarh on 15.07.2021 IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW BENCH, LUCKNOW Crl. Misc. Case No. (B) Of 2021 Sudhakar Singh …..Applicant Versus State of Uttar Pradesh ....Opposite Parties AFFIDAVIT (In support of bail application) I, Sudhakar Singh aged about 38 years son of Shri Kunj Bihari Singh resident of Village – Purmai Sultanpur, Police Station – Maheshganj, District – Pratapgarh presently residing at House No. 20/71, Sector – 20, Indira Nagar, Lucknow, Religion – Hindu, Occupation – Government Servant, Education – Intermediate 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 02.04.2021 lodged by the informant namely Shri Doodhnath Singh Yadav, Station House Officer against the applicant and 2 other persons as Case Crime No. 49 of 2021 under Sections 420, 467, 468, 471, 272, 273 of I.P.C., 60(2), 60A, 63 of U.P. Excise Act, 1910, 63A of Copyright Act, 1957 and 103, 104 of The Trade and Merchandise Marks Act, 1958 at Police Station – Hathigawan, District – Pratapgarh. That the applicant, further declared that the 3. first information report lodged by informant under Sections 420, 467, 468, 471, 272, 273 of I.P.C., 60(2), 60A, 63 of U.P. Excise Act, 1910, 63A of Copyright Act, 1957 and 103, 104 of The Trade and Merchandise Marks Act, 1958 at Police Station – Hathigawan, District – Pratapgarh 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. 1300 of 2021 filed before the Session Judge, Pratapgarh by the applicant has been rejected vide order dated 15.07.2021 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 photocopy of the order dated 15.07.2021 passed by this Session Judge, Pratapgarh is being annexed herewith as Annexure No. 01 to this application. That the First Information Report dated 02.04.2021 6. lodged by the informant as Case Crime No. 49 of 2021 under Sections 420, 467, 468, 471, 272, 273 of I.P.C., 60(2), 63 of U.P. Excise Act, 1910, 63A of Copyright Act, 1957 and 103, 104 of The Trade and Merchandise Marks Act, 1958 at Police Station – Hathigawan, District – Pratapgarh. The photo/typed copy of the First Information Report dated 02.04.2021 is being annexed herewith as Annexure No. 02 to this affidavit. That the informant lodged a first information 7. report against the several known and unknown persons on 02.04.2021 about 12.23 hours and stated the informant and his team (other police personnel) got information with regard to huge adulterated liquor and manufacturing items which were stored in house of the Shivmurti resident of Village - Mohaddinagar. That the raid has been conducted by the informant 8. along with his team on 02.04.2021 and arrested 7 accused from the spot and also seized lot of adulterated liquor. That it is further relevant to mention that the 9. applicant was not named in the first information report, his name comes light in statements of some arrested accused persons, who were arrested at time of raid. The typed copy of the statements of arrested accused is being annexed herewith as Annexure No. 03 to this affidavit. That the raid has been conducted by the informant 10. alongwith his team on 02.04.2021 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 real fact of the incident is that the 11. applicant has been falsely implicated in the case crime due to political enmity. The applicant is been implicate under the case crime in influence of one active member of the ruling party. That the informant falsely implicates the 12. 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 13. applicant, in the said crime, due to their own persons reasons, which is baseless and illegal due to ulterior motive. That nothing has been recovered in the regard of 14. adulterated liquor from the applicant’s possession and place in any manner by the informant. That the applicant has no concerned with the 15. recovered liquor from the alleged place by the informant. That it is further relevant to mention here that 16. neither 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 applicant is innocent and belongs to a 17. respected family and has good reputation being national player of volleyball. That the applicant is presently serving to the 18. Central Government and is posted as Point-man, at Northern Railways, District – Sultanpur. The photo/type copy of the certificate issued by the railway authority on 15.04.2021 is being annexed herewith as Annexure No. 04 to this application. That the applicant had shifted to Lucknow along 19. with his family since long back and he rarely visits his village. That the children of the applicant are studying in 20. class VIII & III City Montessori School, Indira Nagar, Lucknow. The photocopies of the fee receipts of the applicant’s children are being annexed herewith as Annexure No. 05 to this application. That the applicant was National Player of 21. Volleyball and won several awards and lastly he was participated in 31st National Games, Punjab – 2001, in which he secured Silver Medal. The photocopies of the certificates related to the volleyball are being annexed herewith as Annexure No. 06 to this application. That the entire case has been made and based 22. against the applicant only on information of the police informer, which is not reliable as nothing is supported to prosecution story. That during the investigation, the investigating 23. officer added the Section 60A of U.P. Excise Act, in the case crime. That the Tanki test of alleged adulterated liquor 24. has not been conducted by the Excise Officer concerned and even prior to information regarding said liquor, while the Excise Inspector was present at time of alleged raid, even the informant and Excise Inspector were themselves not assured that the recovered liquor is adulterated. That on bare perusal of the first information 25. report, it is also evident that there were no independent witnesses of raid conducted by the informant, which also creates doubts upon the story of the informant, which itself concocted and false. That it is further relevant to mention here that 26. on bare perusal of the first information report it is clear that the first information report has been lodged on 02.04.2021 at 12.23 hours while in the 7th to 9th line of the contents of the first information mentioned that the informant leaved the police station vide GD entry No. 21 dated 02.04.2021 at 20.48 hours. In this situation it is clear that the informant has lied in recovery memo, on which basis the first information report has been lodged. That the first information report lodged prior to 27. the raid and preparation of the recovery memo, on basis which the first information report lodged by the informant. That initially the first information report has 28. been lodged under Sections 420, 467, 468, 471, 272, 273 of I.P.C., 60(2), 63 of U.P. Excise Act, 1910, 63A of Copyright Act, 1957 and 103, 104 of The Trade and Merchandise Marks Act, 1958 on 02.04.2021 and after moving the bail application before the court below by other accused, in aforesaid Sections thereafter the concerned police added the Section 60A of U.P. Excise Act, 1910 and moved the application for taking the remand of the applicants and other accused on 14.04.2021. The typed of the remand application moved by the concerned police on 14.04.2021 is being annexed herewith as Annexure No. 07 to this Affidavit. That at time of alleged raid and preparation of 29. recovery and arresting of the memo, the signatures of the all arrested accused have not taken on the recovery memo, on basis of that ground four other accused have been released on bail by the court below. The photocopies of the bail orders passed by the court concerned in said case crime are being annexed herewith as Annexure No. 08 to this Affidavit. That the court concerned specifically stated in 30. “tekur ds fcUnq ij its orders that vkosfndk@vfHk;qDrk ds fo)ku vf/koDrk ,oa ftyk “kkldh; vf/koDrk QkStnkjh dks lquus rFkk miyC/k izi=ksa ds lE;d :is.k ifj”khyuksijkUr fofnr gksrk gS fd QnZ cjkenxh esa fdlh Hkh vfHk;qDrksa ds gLrk{kj ugha gS] fof/k foKku iz;ksx”kkyk ls vis;dj ds ckor dksbZ fjiksVZ vHkh rd izkIr ugha gS rFkk dksbZ rfLdjk lh0Mh0 esa vaafdr ugha gSA” That when the four accused have been released on 31. bail on said ground thereafter the concerned police prepared fake, fabricated and duplicate recovery memo dated 02.04.2021 and also took the signatures of the accused persons from jail. The photo/ typed copy of the forged and fabricated recovery memo dated 02.04.2021 prepared by the concerned police is being annexed herewith as Annexure No. 09 to this Affidavit. That in forged and fabricated recovery memo an 32. endorsement has been made by the concerned police personnel mentioning that “QnZ ds vk/kkj ij eq0v0la0 49@21 /kkjk 420] 467] 468] 471] 272] 273 vkbZ0ih0lh0 60¼2½] 63] 60¼,½] 103@104 O;kikj ,oa i.; oLrq fpUg vf/k0 iaft0 djk;k x;kA” The concerned police person has signed on said forged recovery memo and mentioned date 02.04.2021. That initially the first information report lodged 33. on the basis of the recovery memo under Sections 420, 467, 468, 471, 272, 273 of I.P.C., 60(2), 63 of U.P. Excise Act, 1910, 63A of Copyright Act, 1957 and 103, 104 of The Trade and Merchandise Marks Act, 1958 on 02.04.2021 but during preparation of the forged and fabricated recovery memo, it has been mentioned that the on basis of the recovery memo Case Crime No. 49 of 2021 under Sections 420, 467, 468, 471, 272, 273 of I.P.C., 60A, 60(2), 63 of U.P. Excise Act, 1910, 63A of Copyright Act, 1957 and 103, 104 of The Trade and Merchandise Marks Act, 1958. That in view of aforesaid mentioned facts it is 34. crystal clear that the concerned police is manipulating/ creating the evidences against the accused of the case crimes including the applicants by preparation of the forged and fabricated papers to prove guilty of the applicant before the trial court. That till date there is no any chemical report 35. stating that the recovered liquor was obnoxious or spurious for human consumption. That the applicant is falsely implicated in 36. several cases lodged against the applicant, which the applicant has not committed any offense. The details of the case, which are lodged against the applicant, as per best knowledge of the applicant are as under: Case Crime No. 49 of 2021 under Sections 420, i. 467, 468, 471, 272, 273 of I.P.C., 60(2), 63 of U.P. Excise Act, 1910, 63A of Copyright Act, 1957 and 103, 104 of The Trade and Merchandise Marks Act, 1958 registered at Police Station – Hathigawan, District – Pratapgarh, this is the present case, in which the applicant is being filing the anticipatory bail before this Hon'ble High Court. Case Crime No. 50 of 2021 under Sections 420, ii. 467, 468, 471, 272, 273 of I.P.C., 60(2), 60A, 63 of U.P. Excise Act, 1910, 63A of Copyright Act, 1957 and 103, 104 of The Trade and Merchandise Marks Act, 1958 registered at Police Station – Hathigawan, District – Pratapgarh. iii.Case Crime No. 124 of 2021 under Sections 420, 467, 468, 471, 272, 273 of I.P.C., 60A, 60 of U.P. Excise Act, 1910, 63, 63A of Copyright Act, 1957 and 103, 104 of The Trade and Merchandise Marks Act, 1958 at Police Station – kunda, District – Pratapgarh. Case Crime No. 125 of 2021 under Sections 420, iv. 467, 468, 471, 272, 273 of I.P.C., 60A, 60 of U.P. Excise Act, 1910, 63, 63A of Copyright Act, 1957 and 103, 104 of The Trade and Merchandise Marks Act, 1958 at Police Station – Kunda, District – Pratapgarh. Case Crime No. 48 of 2021 under section 420, v. 467, 468, 471, 272, 273 of I.P.C., 60, 63 of U.P. Excise Act, Police Station: Hathigawan District: Pratapgarh. The applicant name was not named in the First information Report his name was added by the investigation officer during the investigation. Case Crime No. 121 of 2021 under Sections 3/25 vi. Arms Act registered at Police Station – Maheshganj, District – Pratapgarh. That the aforesaid 6 cases are recently lodged under the political pressure of the local politician. The applicant moved the anticipatory bail application in court below, in case mentioned at serial No. (i) to (iv), which are rejected by the court concerned except mentioned at serial No. (ii). vii.Case Crime No. 15 of 2016 under Sections 420, 467, 468, 471, 272, 273 of I.P.C., registered at Police Station – Maheshganj, District – Pratapgarh, in which the investigation is going on. Case Crime No. 517 of 2016 under Sections viii. 420, 467, 468, 471, 272, 273 of I.P.C., 60, 63 of U.P. Excise Act, 1910, 63 of Copyright Act, 1957 registered at Police Station – Mil Area, District – Raebareli, in which the applicant released on bail. Case Crime No. 17 of 2016 under Section 135 The ix. Electricity Act registered at Police Station – Maheshganj, District – Pratapgarh, in which the applicant has paid the bill but the concerned police in malafide manner submitted the charge sheet against the applicant. Case Crime No. 178 of 2014 under Sections 420, x. 467, 468, 471, 272, 273, 427 of I.P.C., 60, 63 of U.P. Excise Act, 1910, 3/4 of Copyright Act, 1957 and 103, 104 of The Trade and Merchandise Marks Act, 1958 registered at Police Station – Maheshganj, District – Pratapgarh, in which the charge sheet has been submitted by concerned police and the applicant is exonerated from the said case crime as he was falsely implicated in case. Case Crime No. 44 of 2018 under Sections 420, xi. 467, 468, 471, 272, 273 of I.P.C., 60, 63 of U.P. Excise Act, 1910 registered at Police Station – Nawabganj, District – Pratapgarh, in which the charge sheet has been submitted by concerned police and the applicant is exonerated from the said case crime as he was falsely implicated in case. xii.Case Crime No. 513 of 2010 under Sections 307, 323, 325, 364, 395, 427 of I.P.C. and 7 of Criminal Law Amendment Act registered at Police Station – Kunda, District – Pratapgarh, in which the applicant is released on bail by this Hon'ble High Court. The photocopies of the bail order and other related documents are being annexed herewith as Annexure No. 10 to this application. That in the similar case crime, this Hon'ble High 37. Court granted the accused Diwakar Singh, Shubam Singh and Bharat Lal Yadav and 4 other accused have been granted on bail by the court below namely Manju Devi, Gyan Devi, Roli and Rati Devi. The photocopies of the bail order accused of the case crime passed by this Hon'ble High Court and court below is being annexed herewith as Annexure No. 11 to this affidavit. That in similar sections this Hon'ble High Court 38. granted anticipatory bail to applicant of the Anticipatory Bail No. 6690 of 2021 (Ramesh Kumar alias Ramesh Chandra Vs State of U.P. and another) vide order dated 28.07.2021. The photocopy of the order dated 28.07.2021 passed by this Hon'ble High Court is being annexed herewith as Annexure No. 12 to this application. That if the applicant will arrested, the applicant 39. will suffer irreparable loss and injury as the applicant has not committed any offence. That there is no chance of the applicant 40. absconding or tempering with the prosecution witnesses. That the applicant is ready to furnished the 41. 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 42. and necessary in the interest of justice that the applicant be enlarged on anticipatory bail in connection with Case Crime No. 49 of 2021 under Sections 420, 467, 468, 471, 272, 273 of I.P.C., 60(2), 60A, 63 of U.P. Excise Act, 1910, 63A of Copyright Act, 1957 and 103, 104 of The Trade and Merchandise Marks Act, 1958 at Police Station – Hathigawan, District – Pratapgarh, in the interest of Justice, 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, Raiberelly 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 IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW BENCH, LUCKNOW Crl. Misc. Case No. (B) Of 2021 Sudhakar Singh …..Applicant Versus State of Uttar Pradesh ....Opposite Party Annexure No.