Prompt: Generate a Bail Application involving the following key legal details: - CASE: Crime No. 35 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 Sunil Kumar Saroj alias Monu …..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 The certified copy of 3. the order dated 15.11.2021 passed by this Session Judge, Pratapgarh Annexure No. 2 The certified/typed 4. copy of the FIR dated 05.02.2021 Annexure No. 3The photo/typed copy of 5. the medical of the brother of the informant Annexure No. 4The typed copy of the 6. CD-1 dated 05.02.2021 Annexure No. 5The photocopy of the 7. representation moved by the deponent before the Chairman of S.C. & S. C. Commission, U.P. Annexure No. 6The photocopy of the 8. order dated 12.11.2021 passed by this Hon'ble High Court Annexure No. 7 The photocopy of the 9. bail order passed by the court below Annexure No. 8 The photocopies of the 10. bail orders passed by the court concerned in favour of the applicant Annexure No. 9 The photocopy of the 11. marriage card of the applicant’s brother ID proof of the deponent 12. Power 13. Lucknow (Pradeep Kumar Singh “Bisen”) Advocate Dated : 20.11.2021 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. Anticipatory Bail No. Of 2021 Sunil Kumar Saroj alias Monu aged about 35 years son of Shri Keshav Lal resident of Village – Trilokpur, Police Station – Baghrai, District – Pratapgarh ....Applicant Versus State of Uttar Pradesh .....Opposite Party Case Crime No. 35 of 2021 U/s 147, 148, 149, 341, 504, 506, 323, 307, 325 of I.P.C. Police Station – Baghrai District – Pratapgarh Anticipatory Bail Application No. 2554 of 2021 has been rejected by Sessions Judge, Pratapgarh on 15.11.2021 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. 35 of 2021 under Sections 147, 148, 149, 341, 504, 506, 323, 307, 325 of I.P.C. at Police Station – Baghrai, District – Pratapgarh, in the interest of Justice. Lucknow (Pradeep Kumar Singh “Bisen”) Advocate Dated :20.11.2021 Counsel for the applicant Case Crime No. 35 of 2021 U/s 147, 148, 149, 341, 504, 506, 323, 307, 325 of I.P.C. Police Station – Baghrai District – Pratapgarh Anticipatory Bail Application No. 2554 of 2021 has been rejected by Sessions Judge, Pratapgarh on 15.11.2021 IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW BENCH, LUCKNOW Crl. Misc. Anticipatory Bail No. Of 2021 Sunil Kumar Saroj alias Monu …..Applicant Versus State of Uttar Pradesh ....Opposite Party AFFIDAVIT (In support of anticipatory bail application) I, Sunil Kumar Saroj aged about 35 years son of Shri Keshav Lal resident of Village – Trilokpur, Police Station – Baghrai, District – Pratapgarh, Religion – Hindu, Occupation – Agriculture, Education – Intermediate, do hereby solemnly affirm and states on oath as under :- That the deponent is the applicant himself in the 1. instant applicant 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 05.02.2021 lodged by the informant namely Mahendra Pratap Singh son of Mohan Lal Singh (hereinafter referred to as ‘informant’), against the applicant and 4 other persons as Case Crime No. 35 of 2021 under Sections 147, 148, 149, 341, 504, 506, 323, 308 of I.P.C. at Police Station – Baghrai, District – Pratapgarh. That the applicant, further declared that the 3. first information report lodged by the informant under Sections 147, 148, 149, 341, 504, 506, 323, 308 of I.P.C. 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. 2554 of 2021 filed before the Session Judge, Pratapgarh by the applicant has been rejected vide order dated 15.11.2021 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 15.11.2021 passed by this Session Judge, Pratapgarh is being annexed herewith as Annexure No. 01 to this application. That the first information report dated 05.02.2021 6. has been lodged by the informant against the applicant and 4 other persons bearing Case Crime No. 35 of 2021 under Sections 147, 148, 149, 341, 504, 506, 323, 308 of I.P.C. at Police Station – Baghrai, District – Pratapgarh. The certified/typed copy of the FIR dated 05.02.2021 is being annexed herewith as Annexure No. 02 to this affidavit. That the case of prosecution story is in nutshell 7. that the brother of the informant is presently Village Pradhan and due to political reasons the uncle of the applicant having political enmity with the informant. On 23.01.2021 around 08.00 PM, when the informant was returning to home alongwith his brother at that time the applicant alongwith other accused brutally assaulted upon the informant and his brother also abused. That on bare perusal of the medical report, it is 8. clear that the brother of the informant has sustained simple injuries. The photo/typed copy of the medical of the brother of the informant is being annexed herewith as Annexure No. 03 to this application. That the informant lodged the first information 9. report about 13 days delay without giving any reasonable explanation, which itself creates doubts upon the prosecution story. That the name of the applicant is shown at serial 10. No. 3 in the accused column in the first information report dated 05.02.2021. That there is no concerned with the said 11. allegation regarding the incident took place on 23.01.2021 as alleged by the informant against the applicant in any manner. That the informant is belonging to the upper caste 12. and his brother was Village Pradhan due to which they are financially strong persons. That the family of the applicant is common man of 13. society and belonging to the Scheduled Caste category due to which the informant always humiliated the family of the applicant. That the informant having enmity with the father 14. and uncle of the applicant due to political reasons and after declaration of the village panchayat election, the village Pradhan seat has been reserved for the OBC category as such the applicant’s family decided to support a OBC village pradhan candidate while the informant and his brother wanted to support their candidate. That the applicant’s father and uncle denied for 15. same due to which they become annoyed and threatened to the applicant’s uncle and father to face the consequences of the same. That for building the pressure upon the 16. applicant’s father and uncle, on 23.01.2021 around 07.30 PM, the informant and other persons have stooped the brother of the applicant and assaulted him, in which the applicant sustained several injuries. That the applicant tried his best lodged a first 17. information report but same has not been lodged as the informant has good political approach. That the informant for his safeguard lodged the 18. first information report dated 05.02.2021 against the applicant and his family members. That after lodging the first information report on 19. 05.02.2021, the concerned police also lodged the first information report of the applicant on 08.02.2021 bearing Case Crime No. 38 of 2021 under Sections 323, 504, 506 of I.P.C. and 3(1) Da, 3 (1) Dha & 3(2) Va of S.C. & S. T. Act at Police Station – Baghrai, District – Pratapgarh. That the investigation officer of the case gone 20. through the injury reports of the injured persons and mentioned in the CD No. 1 dated 05.02.2021 that the injuries of the injured persons are in simple nature. The typed copy of the CD-1 dated 05.02.2021 is being annexed herewith as Annexure No. 04 to this application. That the concerned police recorded the statement 21. of the informant on 30.05.2021 alongwith the injured persons, which have been endorsed in C.D. No. 5. That later on the village pradhan election was 22. held on 19.04.2021, in which some persons have broken the ballot box due to which a first information report bearing Case Crime No. 99 of 2021, lodged against the unknown person. The concerned police threaten the applicant that if he has not paid Rs. 1,50,000/- then he alongwith family sent to the jail in connection of said case. That due to fear and threat of the concerned 23. police, the deponent gave Rs. 25,000/-. When the deponent not paid rest amount i.e. Rs. 1,25,000/- then the concerned police was regularly threatening the deponent and his family. That on 23.06.2021, the concerned police entered 24. in the house of the applicant and brutally beaten and abused by caste the applicant and other family members due to which the leg of the applicant broken. The deponent moved complaint before the Superintendent of Police, Pratapgarh on his Whatsapp number but nothing has been done by him. Thereafter the deponent moved a representation before the Chairman of S.C. & S. C. Commission, U.P. to take action against the concerned police personnel. The photocopy of the representation moved by the deponent before the Chairman of S.C. & S. C. Commission, U.P. is being annexed herewith as Annexure No. – 05 to this affidavit. That the informant produced the forged and 25. fabricated city scan report of his brother before the concerned police, who have hand in gloves with the informant, in which nothing adverse deducted and injuries are in simple nature despite that the concerned police added the Sections 307 and 325 of IPC due to extraneous reasons in the said case crime. That the informant falsely implicates the 26. applicant, in the said crime, due to his own personal i.e. political reasons, which is baseless and illegal due to ulterior motive to ruin the life of the applicant. That it is relevant to mention here that neither 27. 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 first information report has been lodged 28. 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 the brother of applicant namely Sushil Kumar 29. Saroj, who is also named in the first information report, moved the Anticipatory bail application before this Hon'ble High Court, in which the interim order has been granted him vide order dated 12.11.2021. The photocopy of the order dated 12.11.2021 passed by this Hon'ble High Court is being annexed herewith as Annexure No. 06 to this application. That the three accused of the case crime has been 30. granted bail by the court below and till date the investigation is going on. The photocopy of the bail order passed by the court below is being annexed herewith as Annexure No. 07 to this application. That apart from the instant case crime, against 31. the applicant several cases have been lodged. The details of the cases lodged against the applicant are as under: Case Crime No. 17 of 2015 under Section i. 392 of IPC registered at Police Station – Manikpur, District – Pratapgarh, in which the applicant has been granted by the court concerned on 26.03.2015. Case Crime No. 197 of 2012 under Section ii. 379, 411, 420, 467, 468, 471 of IPC registered at Police Station – Vajirganj, District – Lucknow, in which the applicant has been granted bail by the court concerned. Case Crime No. NIL of 2015, under Section iii. 41, 411 of IPC, registered at Police Station – Manikpur, District – Pratapgarh, in which the applicant released on bail by court concerned. Case crime No. 25 of 2015 under Sections iv. 3/25, Police Station – Manikpur, District – Pratapgarh in which the applicant released on bail by court concerned. Case Crime No. 99 of 2021 under Sections v. 147, 148, 352, 453, 332, 427, 188, 171F, 394, 412 of I.P.C. and 7 of Criminal Law Amendment Act registered at Police Station – Baghrai, District – Pratapgarh. The aforesaid case lodged against the unknown persons and later on accused named the applicant then his name came in light, in which the applicant is on anticipatory bail granted by this Hon'ble High Court. Case Crime No. 98 of 2021 under Sections vi. 147, 148, 352, 453, 332, 427, 188, 171F, 394, 412 of I.P.C. and 7 of Criminal Law Amendment Act registered at Police Station – Baghrai, District – Pratapgarh, the applicant has no information with regard to said case. The photocopies of the bail orders passed by the court concerned in favour of the applicant are being annexed herewith as Annexure No. 08 to this application. That apart from abovementioned cases, in which the 32. applicant named or his came in light, there is no criminal history as per his best knowledge. That the marriage of the brother of the applicant 33. is fixed on 28.11.2021 and the applicant has to perform several responsibility and rituals according to their customs. The photocopy of the marriage card of the applicant’s brother is being annexed herewith as Annexure No. 09 to this application. That if the applicant will arrested, the applicant 34. will suffer irreparable loss and injury as the applicant has not committed any offence. That there is no chance of the applicant 35. absconding or tempering with the prosecution witnesses. That the applicant is ready to furnished the 36. 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 37. and necessary in the interest of justice that the applicant be enlarged on anticipatory bail, during pendency of case. Lucknow Date: 20.11.2021 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: 20.11.2021 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. Anticipatory Bail No. Of 2021 Sunil Kumar Saroj @ Monu Vs State of U. P. 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