I, Sandeep Singh aged about 21 years son of Shri Kanhaiya Bux Singh resident of Tikiriya Bujurg Kanava, Police Station - Kunda, District – Pratapgarh, Religion – Hindu, Qualification – Literate, Occupation – Student, the deponent do hereby solemnly affirm and  state on oath as under :- That the deponent is brother of applicant and doing pairvi of Applicant in the above noted case and duly authorized by him for filing instant application before the Hon'ble Court and as such he is fully conversant with the facts of the case deposed herein under. That the photo of the deponent is being 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 first bail of the applicant filed 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 10.12.2021 at about 23.22 Hours, the informant Shri Pradeep Kumar, In-Charge Station House Officer, Police Station – Kunda, District – Pratapgarh lodged a first information report against 10 persons including the applicant at Case Crime No. 412 of 2021 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 certified and typed copy of the first information report dated 10.12.2021 is being annexed herewith as Annexure No. 1 to this affidavit. That brief fact of the alleged prosecution story is that the applicant along with his companions are 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 against the applicant, the gang chart has been approved by the District Magistrate, Pratapgarh on 07.12.2021. 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 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 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 10.12.2021 under Section 2/3 of Gangster Act. The two cases mentioned in the gang chart are as below:- 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, in which the applicant granted bail on 16.08.2021 passed by the court below. Case Crime No. 125 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, in which the applicant granted bail on 16.08.2021 passed by the court below. The photocopies of Bail orders passed by the court below are being annexed herewith as Annexure No.3 to this affidavit. That the cases mentioned in the gang chart, name of the applicant came in light on the information given by the informer. It is also relevant to mention that the applicant has no concern with the adulterated liquor and no recovery has been made from the applicant. That the applicant is falsely implicated in 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, 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, in which the applicant granted bail on 13.12.2021 passed by court below. Case Crime No. 50 of 2021 under Sections 302, 307, 419, 420, 467, 468, 471, 272, 34 of I.P.C., 60, 60A of U.P. Excise Act, 1910 registered at Police Station – Hathigawan, District – Pratapgarh, in which bail application is pending before court below. Case Crime No. 122 of 2021 under Sections 420, 467, 468, 471, 272, 273 of I.P.C., 60 of U.P. Excise Act, 1910, at Police Station – Kunda, District – Pratapgarh, in which the applicant granted bail on 20.07.2021 passed by the court below. 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, in which the applicant granted bail on 16.08.2021 passed by the court below. Case Crime No. 125 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, in which the applicant granted bail on 16.08.2021 passed by the court below. Case Crime No. 208 of 2021 under Sections 419, 420, 467, 468, 471, 486, 487, 272, 273 of I.P.C., 60, 60A, 63 of U.P. Excise Act, 1910, 63 of Copyright Act, 1957 and 103, 104 of The Trade and Merchandise Marks Act, 1958 registered at Police Station – Hathigawan, District – Pratapgarh, in which the applicant granted bail on 15.12.2021 passed by the court below. Case Crime No. 412 of 2021 under Sections 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 registered at Police Station – Hathigawan, District – Pratapgarh, in which is bail application is pending before the court below. Case Crime No. 107 of 2021 under Sections 302, 307, 120B, 34, 272, 419, 420, 467, 468, 471 of IPC and 60A, 60 U.P. Excise Act registered Police Station – Gossainganj, District – Ayodhya, this is present case, in which the applicant is enlarged on bail by this Hon'ble High Court on 10.02.2022. The photocopies of the bail order passed by this Hon'ble High Court as well court below are being annexed herewith as Annexure No. 4 to this application. That it is relevant to mention here that the applicant is neither member of alleged gang as alleged in the first information report nor involved 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. The police for showing there good work falsely implicated the applicant in the said case crime. That it is relevant to mention here that the applicant is a farmer and a sole earner of family, family is facing trouble in survival. That the applicant is in jail since 11.11.2021 without committing any offence as alleged against him. That the applicant does not committed any offence 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 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 the applicant had moved his bail application bearing number 311 of 2022  before the Additional Session judge/Special Judge (Gangster), Room No.5, Pratapgarh and same has been rejected on 08.02.2022. The free copy of the bail rejection order dated 08.02.2022 passed by the court below is annexed herewith as Annexure No.5 to this affidavit. That the applicant will not misuse the liberty of bail if so granted by this Court. That the applicant is previously not convicted by any court of law. That the applicant further declares in compliance of the Section 19(4)(b) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 that the applicant is committed any offense as alleged in the first information report and also he is not likely to commit any offense while on bail, if so granted by this Hon'ble High Court. That the applicant has no motive to commit the 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 absconding or tempering with the prosecution witnesses. That the applicant is ready to furnish personal 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 and necessary in the interest of justice that the applicant be enlarged on bail during pendency of his trial.


I, Shiavakar Singh aged about 20 years son of Shri Chhail Bihari resident of Angurihan Purab Nara District – Allahabad, Religion – Hindu, Qualification – Literate, Occupation – Agriculture, the deponent do hereby solemnly affirm and  state on oath as under :- That the deponent is cousin brother of applicant and doing pairvi of applicant in the above noted case and duly authorized by him for filing instant application before the Hon'ble Court and as such he is fully conversant with the facts of the case deposed herein under. That the photo of the deponent is being 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 first bail of the applicant filed 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 13.05.2022 at about 22.59 Hours, the informant Shri Krishna Kumar Mishra Station House Officer, Police Station – Gossainganj, District – Ayodhya lodged a first information report against 6 persons including the applicant at Case Crime No. 128 of 2021 under section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 (hereinafter referred to ‘Gangster Act’) in Police Station – Gossainganj, District – Ayodhya. The certified and typed copy of the first information report dated 13.05.2022 is being annexed herewith as Annexure No. 1 to this affidavit. That brief fact of the alleged prosecution story is that the applicant is gang member of a gang, who used to commit 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 against the applicant, the gang chart has been approved by the District Magistrate, Ayodhya on 11.05.2022. 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 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 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 13.05.2022 under Section 3(1) of Gangster Act, The one mentioned in the gang chart which is as Case Crime No. 107 of 2021 under Sections 302, 307, 120B, 34, 272, 419, 420, 467, 468, 471 of IPC and 60 of U.P. Excise Act registered at Police Station – Gossainganj, District – Ayodhya, in which the applicant has been granted bail on 24.12.2021 by this Hon'ble High Court. The photocopy of Bail order dated 24.12.2021 passed by this Hon'ble High Court is being annexed herewith as Annexure No.3 to this affidavit. That in relation to the Case Crime No. 107 of 2021, there are to First Information Reports lodged under Gangster Act i.e. 1. 217 of 2021 against 10 persons and 2. 128 of 2022 against 6 persons, which are registered at Police Station – Gossainganj, District – Ayodhya under Section 3(1) of Gangster Act. The photocopy of the first information report of Case Crime No. 217 of 2021 is being annexed herewith as Annexure No. 4 to this affidavit. That after lodging the first information report against the applicant, he challenged the same before this Hon'ble High Court bearing Writ Petition No. 3843 (CRLP) of 2022, which is still pending. That according to Rule 4 (3) of The Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Rules, 2021 (hereinafter referred to as ‘Rules, 2021’) that if needed after investigation that some other accuses are involve in crime and against them gang chart not approved then authority concerned proceed further for approval of the gang chart but there is no provision to lodge another first information report. That the applicant is falsely implicated in 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. 48 of 2021 under section 420, 467, 468, 471, 272, 273 of I.P.C., 60, 63 of U.P. Excise Act, Police Station - Hathigawan District – Pratapgarh, in which the applicant granted bail on 15.11.2021 passed by this Hon'ble High Court. 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 registered at Police Station – Hathigawan, District – Pratapgarh, in which the applicant granted bail on 22.11.2021 passed by this Hon'ble High Court Case Crime No. 50 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 registered at Police Station – Hathigawan, District – Pratapgarh, in which the applicant granted bail on 06.12.2021 passed by this Hon'ble High Court. Case Crime No. 51 of 2021 under section 60, 63 of U.P. Excise Act, Police Station - Hathigawan District – Pratapgarh, in which the applicant granted bail on 14.12.2021 passed by court below. 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, in which the applicant granted bail on 24.11.2021 passed by this Hon'ble High Court. Case Crime No. 125 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, in which the applicant granted bail on 09.12.2021 passed by this Hon'ble High Court. Case Crime No. 107 of 2021 under Sections 302, 307, 120B, 34, 272, 419, 420, 467, 468, 471 of IPC and 60A, 60 U.P. Excise Act registered Police Station – Gossainganj, District – Ayodhya. In this case the name of the applicant came in light from the statements of the accused persons, in which the applicant granted bail on 24.12.2021 passed by this Hon'ble High Court. Case Crime No. 201 of 2021 under Sections 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 lodged on 09.10.2021 at Police Station – Hathigawan, District – Pratapgarh, in  which the applicant granted bail on 18.05.2022 passed by this Hon'ble High Court. Another case has been lodged against the applicant, when he is jail, under the influence of the local politician on 14.10.2021 bearing Case Crime No. 208 of 2021 under Sections 419, 420, 467, 468, 471, 486, 487, 272, 273 of I.P.C., 60, 60A, 63 of U.P. Excise Act, 1910, 63 of Copyright Act, 1957 and 103, 104 of The Trade and Merchandise Marks Act, 1958 registered at Police Station – Hathigawan, District – Pratapgarh, in which the applicant granted bail on 10.12.2021 passed by this Hon'ble High Court. The aforesaid 9 cases are recently lodged under the political pressure of the local politician against the applicant. Case Crime No. 53 of 2004 under Sections 323, 504, 506, 343 of IPC registered at Police Station – Hathigawan, District – Pratapgarh, in which the applicant has been acquitted on 28.01.2020 by the court concerned. Case Crime No. 685 of 2009 under Sections 147, 148, 504, 506, 323, 363, 120 of IPC and 3(1)10 of S.C. and S.T. Act registered at Police Station – Saurawan, District – Allahabad, in which the concerned police filed submitted final report in favour of the applicant. Case Crime No. 513 of 2010 under Sections 395, 397, 307, 323, 504 of IPC registered at Police Station – Kunda, District – Pratapgarh, in which the applicant has been granted bail on 05.03.2011 by the court concerned. Case Crime No. 302 of 2011 under Section 110G of Cr.P.C. registered at Police Station – Hathigawan, District – Pratapgarh. The applicant has no knowledge about said case. Case Crime No. 19 of 2012 under Section 3(1) Gunda Act registered at Police Station – Hathigawan, District – Pratapgarh. The applicant has no knowledge about said case. Case Crime No. 18 of 2013 under Sections 302 of IPC registered at Police Station – Hathigawan, District – Pratapgarh, in which the applicant has been granted bail on 04.03.2014 by the court concerned. Case Crime No. 20 of 2013 under sections 302, 504, 506, 120B of IPC registered at Police Station – Hathigawan, District – Pratapgarh, in which the final report has been submitted in favour of the applicant. Case Crime No. 21 of 2013 under sections 147, 148, 149, 302, 504, 506, 120B of IPC registered at Police Station – Hathigawan, District – Pratapgarh, in which the final report has been submitted in favour of the applicant. case crime no. 57/2023 under section 63 of U.P. Excise Act, Police station – Hathigawan, district – Pratapgarh on 06.04.2023 registered  against the applicant after surrender in case crime no. 128/2022  before Gangster Court Faizabad on 03.04.2023. The photocopies of the bail orders passed by this Hon'ble High Court & court below and other related documents of the applicant are being annexed herewith as Annexure No. 5 to this application. That apart of above mentioned cases, there is no criminal history against the applicant. That it is relevant to mention here that the applicant is neither member of alleged gang as alleged in the first information report nor involved 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. The police for showing there good work falsely implicated the applicant in the said case crime. That the real fact is that the applicant is innocent and belongs to a respected family and has good reputation. That the entire case has been made and based against the applicant only on information of the police informer, which is not reliable as nothing is supported to prosecution story. That the applicant having severe Chronic Liver Disease (70% liver is infected) and high diabetic & also suffering from heart disease and was under treatment. After surrender of the applicant, there is no proper treatment is being given to the applicant due to which his life is in danger. The photocopy of the medical prescription of the applicant is being annexed herewith as Annexure No. 6 to this Affidavit. That the Case Crime No. 128 of 2021 under section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 (hereinafter referred to ‘Gangster Act’) in Police Station – Gossainganj, District – Ayodhya. Except applicant all accused  granted bail by this Hon’ble Court. The Photocopy of bail no. 2555 of 2023 (Sudhakar Singh ‘Gang leader’) versus state of U.P. on 20.02.2023 are being annexed herewith as Annexure no. 7 to this application. That informant working for the present local Member of the Parliament of the ruling party due to political vendetta, he has been falsely implicated in the case crime. That in result of the above, the informant falsely implicates the 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 applicant is in jail since 03.04.2023 after his surrender, without committing any offence as alleged against him. That the applicant does not committed any offence 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 offence as alleged, hence no offence under Sections 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 relating to Police Station – Gossainganj, District – Ayodhya, is made against him. That the applicant had moved his bail application bearing number 732 of 2023 before the Special Judge (Gangster) Additional Session judge Room no. 12, Ayodhya and same has been rejected on 12.04.2023. The free certified copy of the bail rejection order dated 12.04.2023 passed by the court below is annexed herewith as Annexure No. 7 to this affidavit. That the applicant will not misuse the liberty of bail if so granted by this Court. That the applicant is previously not convicted by any court of law. That the applicant further declares in compliance of the Section 19(4)(b) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 that the applicant is committed any offense as alleged in the first information report and also he is not likely to commit any offense while on bail, if so granted by this Hon'ble High Court. That the applicant has no motive to commit the 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 absconding or tempering with the prosecution witnesses. That the applicant is ready to furnish personal 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 and necessary in the interest of justice that the applicant be enlarged on bail during pendency of his trial.


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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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-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 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 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 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 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 applicant is in jail since 05.08.2020 without committing any offense. That the applicant had moved his bail application 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 bail if so granted by this Court. That the applicant has no motive to commit the 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 absconding or tempering with the prosecution witnesses. That the applicant is ready to furnish personal 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 and necessary in the interest of justice that the applicant be enlarged on bail during pendency of his trial.


I, Durga Bux Singh aged about 51 years son of Shri Satya Dev Singh resident of 3/344, Vishwash Khand – 3, Police Station - Gomti Nagar, Lucknow, Religion – Hindu, Occupation – Business, Education – Graduate, do hereby solemnly affirm and states on oath as under :- That the deponent is cousin brother of applicant and doing pairvi of Applicant in the above noted case and duly authorized by him for filing instant application before the Hon'ble Court and as such he is fully conversant with the facts of the case deposed herein under. That the photo of the deponent is being 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 first bail of the applicant filed 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 13.05.2022 at about 22.59 Hours, the informant Shri Krishna Kumar Mishra Station House Officer, Police Station – Gossainganj, District – Ayodhya lodged a first information report against 6 persons including the applicant at Case Crime No. 128 of 2021 under section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 (hereinafter referred to ‘Gangster Act’) in Police Station – Gossainganj, District – Ayodhya. The certified and typed copy of the first information report dated 13.05.2022 is being annexed herewith as Annexure No. 1 to this affidavit. That brief fact of the alleged prosecution story is that the applicant is gang leader of a gang, who used to 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 against the applicant, the gang chart has been approved by the District Magistrate, Ayodhya on 11.05.2022. 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 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 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 13.05.2022 under Section 3(1) of Gangster Act, The one mentioned in the gang chart which is as Case Crime No. 107 of 2021 under Sections 302, 307, 120B, 34, 272, 419, 420, 467, 468, 471 of IPC and 60 of U.P. Excise Act registered at Police Station – Gossainganj, District – Ayodhya, in which the applicant has been granted bail on 22.12.2021 by this Hon'ble High Court. The photocopy of Bail order dated 22.12.2021 passed by this Hon'ble High Court is being annexed herewith as Annexure No.3 to this affidavit. That in relation to the Case Crime No. 107 of 2021, there are to First Information Reports lodged under Gangster Act i.e. 1. 217 of 2021 against 10 persons and 2. 128 of 2022 against 6 persons, which are registered at Police Station – Gossainganj, District – Ayodhya under Section 3(1) of Gangster Act. The photocopy of the first information report of Case Crime No. 217 of 2021 is being annexed herewith as Annexure No. 4 to this affidavit. That after lodging the first information report against the applicant, he challenged the same before this Hon'ble High Court bearing Writ Petition No. 3802 (CRLP) of 2022, which is still pending. That according to Rule 4 (3) of The Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Rules, 2021 (hereinafter referred to as ‘Rules, 2021’) that if needed after investigation that some other accuses are involve in crime and against them gang chart not approved then authority concerned proceed further for approval of the gang chart but there is no provision to lodge another first information report. That during the investigation of the Case Crime No. 107 of 2021, the investigating officer recorded the several statements of the witnesses of the case crime under Section 161 of Cr.P.C. namely Ram Tirath, Pullu Kahar, Hriday Kumar Tiwari, Sanay Tiwari, Rakesh Verma, Bachcha Ram, Deepak Verma, Raju Verma and Mohd. Vaish but no anyone named the applicant in said case crime and till submission of the CD No. 72, dated 02.09.2021 prepared by him, the name of the applicant was not came in light. The typed copy of the CD-72 dated 02.09.2021 of the Case Crime No. 107 of 2021 is being annexed herewith as Annexure No. 5 to this affidavit. That later the investigating officer, during course of investigating officer went to the Police Station – Hathigawan, District – Pratapgarh on 03.09.2021 and met with the Doodhnath Singh Yadav, Station House Officer of said Police Station, who told the name of the applicant and stated that one accused Guddu Singh and the applicant alongwith other accused were operating the factory of adulterated liquor and several first information reports have been lodged against the said them. The typed copy of the CD-73 dated 03.09.2021 of the Case Crime No. 107 of 2021 is being annexed herewith as Annexure No. 6 to this affidavit. That the applicant is falsely implicated in 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. 48 of 2021 under section 420, 467, 468, 471, 272, 273 of I.P.C., 60, 63 of U.P. Excise Act, Police Station - Hathigawan District – Pratapgarh, in which the applicant granted bail on 25.01.2022 passed by the court below. 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 registered at Police Station – Hathigawan, District – Pratapgarh, in which the applicant has been granted bail on 06.12.2021 by this Hon'ble High Court. Case Crime No. 50 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 registered at Police Station – Hathigawan, District – Pratapgarh, in which the applicant has been granted bail on 07.12.2021 by this Hon'ble High Court. 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, in which the applicant has been granted bail on 16.12.2021 by this Hon'ble High Court. Case Crime No. 125 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, in which the applicant has been granted bail on 16.12.2021 by this Hon'ble High Court. Case Crime No. 412 of 2021 under section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 registered at Police Station – Kunda, District– Pratapgarh, in which the applicant has been granted bail on 05.03.2022 by this Hon'ble High Court. Case Crime No. 107 of 2021 under Sections 302, 307, 120B, 34, 272, 419, 420, 467, 468, 471 of IPC and 60 of U.P. Excise Act registered at Police Station – Gossainganj, District – Ayodhya, in which the applicant has been granted bail on 22.12.2021 by this Hon'ble High Court. Case Crime No. 121 of 2021 under Sections 3/25 Arms Act registered at Police Station – Maheshganj, District – Pratapgarh, in which the applicant has been granted bail vide order dated 15.12.2021 passed by the court below. Case Crime No. 208 of 2021 under Sections 419, 420, 467, 468, 471, 486, 487, 272 of I.P.C., 60, 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, which has been lodged by the concerned police, when the applicant is in jail, in which the applicant has been granted bail on 07.12.2021 by this Hon'ble High Court. That the aforesaid 8 cases are recently lodged against the applicant under the political pressure. 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 420, 467, 468, 471, 272, 273 of I.P.C., 60, 63 of U.P. Excise Act, 1910, 63A of Copyright Act, 1957 registered at Police Station – Mill Area, District – Raebareli, in which the applicant has been granted bail vide order dated 05.05.2017 passed by the court below. Case Crime No. 17 of 2016 under Section 135 of The 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, 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, 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. 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 has been granted bail on 18.02.2011 by this Hon'ble High Court. The photocopies of the bail order passed by the court below and this Hon'ble High Court alongwith other related documents of the applicant are being annexed herewith as Annexure No. 7 to this application. That it is relevant to mention here that the applicant is neither member of alleged gang as alleged in the first information report nor involved 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. The police for showing there good work falsely implicated the applicant in the said case crime. That the real fact is that the applicant is innocent and belongs to a respected family and has good reputation being national player of volleyball. That the applicant was serving to the Central Government and was 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. 8 to this application. That the applicant had shifted to Lucknow along with his family since long back and he rarely visits his village. That the children of the applicant are studying in class IX & IV City Montessori School, Indira Nagar, Lucknow and due to false implication in said case crime, the career of the children gone in dark. That the applicant was National Player of 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. 9 to this application. That the entire case has been made and based against the applicant only on information of the police informer, which is not reliable as nothing is supported to prosecution story. That informant working for the present local Member of the Parliament of the ruling party due to political vendetta, he has been falsely implicated in the case crime. That in result of the above, the informant falsely implicates the 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 applicant is in jail since 17.01.2023 after his surrender, without committing any offence as alleged against him. That the applicant does not committed any offence 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 offence as alleged, hence no offence under Sections 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 relating to Police Station – Gossainganj, District – Ayodhya, is made against him. That the applicant had moved his bail application bearing number 140 of 2023 before the Special Judge (Gangster) Additional Session judge, Ayodhya and same has been rejected on 31.01.2023. The free certified copy of the bail rejection order dated 31.01.2023 passed by the court below is annexed herewith as Annexure No. 10 to this affidavit. That the applicant will not misuse the liberty of bail if so granted by this Court. That the applicant is previously not convicted by any court of law. That the applicant further declares in compliance of the Section 19(4)(b) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 that the applicant is committed any offense as alleged in the first information report and also he is not likely to commit any offense while on bail, if so granted by this Hon'ble High Court. That the applicant has no motive to commit the 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 absconding or tempering with the prosecution witnesses. That the applicant is ready to furnish personal 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 and necessary in the interest of justice that the applicant be enlarged on bail during pendency of his trial.


I, Durga Bux Singh aged about 50 years son of Shri Satya Dev Singh resident of 3/344, Vishwash Khand – 3, Police Station - Gomti Nagar, Lucknow, Religion – Hindu, Occupation – Business, Education – Graduate, do hereby solemnly affirm and states on oath as under :- That the deponent is cousin brother of applicant and doing pairvi of Applicant in the above noted case and duly authorized by him for filing instant application before the Hon'ble Court and as such he is fully conversant with the facts of the case deposed herein under. That the photo of the deponent is being 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 first bail of the applicant filed 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 10.12.2021 at about 23.22 Hours, the informant Shri Pradeep Kumar, In-Charge Station House Officer, Police Station – Kunda, District – Pratapgarh lodged a first information report against 10 persons including the applicant at Case Crime No. 412 of 2021 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 certified and typed copy of the first information report dated 10.12.2021 is being annexed herewith as Annexure No. 1 to this affidavit. That brief fact of the alleged prosecution story is that the applicant is gang leader of 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 against the applicant, the gang chart has been approved by the District Magistrate, Pratapgarh on 07.12.2021. 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 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 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 10.12.2021 under Section 2/3 of Gangster Act, The two cases mentioned in the gang chart are as below:- 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, in which the applicant has been granted bail on 16.12.2021 by this Hon'ble High Court. Case Crime No. 125 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, in which the applicant has been granted bail on 16.12.2021 by this Hon'ble High Court. The photocopies of Bail orders passed by this Hon'ble High Court are being annexed herewith as Annexure No.3 to this affidavit. That the cases mentioned in the gang chart, name of the applicant came in light on the information given by the informer. It is also relevant to mention that the applicant has no concern with the adulterated liquor and no recovery has been made from the applicant. That the applicant is falsely implicated in 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. 48 of 2021 under section 420, 467, 468, 471, 272, 273 of I.P.C., 60, 63 of U.P. Excise Act, Police Station - Hathigawan District – Pratapgarh, in which the applicant granted bail on 25.01.2022 passed by the court below. 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 registered at Police Station – Hathigawan, District – Pratapgarh, in which the applicant has been granted bail on 06.12.2021 by this Hon'ble High Court. Case Crime No. 50 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 registered at Police Station – Hathigawan, District – Pratapgarh, in which the applicant has been granted bail on 07.12.2021 by this Hon'ble High Court. 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, in which the applicant has been granted bail on 16.12.2021 by this Hon'ble High Court. Case Crime No. 125 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, in which the applicant has been granted bail on 16.12.2021 by this Hon'ble High Court. Case Crime No. 107 of 2021 under Sections 302, 307, 120B, 34, 272, 419, 420, 467, 468, 471 of IPC and 60 of U.P. Excise Act registered at Police Station – Gossainganj, District – Ayodhya, in which the applicant has been granted bail on 22.12.2021 by this Hon'ble High Court. Case Crime No. 121 of 2021 under Sections 3/25 Arms Act registered at Police Station – Maheshganj, District – Pratapgarh, in which the applicant has been granted bail vide order dated ………. passed by the court below. Case Crime No. 208 of 2021 under Sections 419, 420, 467, 468, 471, 486, 487, 272 of I.P.C., 60, 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, which has been lodged by the concerned police, when the applicant is in jail, in which the applicant has been granted bail on 07.12.2021 by this Hon'ble High Court. That the aforesaid 8 cases are recently lodged against the applicant under the political pressure. 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 420, 467, 468, 471, 272, 273 of I.P.C., 60, 63 of U.P. Excise Act, 1910, 63A of Copyright Act, 1957 registered at Police Station – Mil Area, District – Raebareli, in which the applicant has been granted bail vide order dated 05.05.2017 passed by the court below. Case Crime No. 17 of 2016 under Section 135 The 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, 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, 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. 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 has been granted bail on 18.02.2011 by this Hon'ble High Court. The photocopies of the bail order passed by the court below and this Hon'ble High Court alongwith other related documents of the applicant are being annexed herewith as Annexure No. 4 to this application. That it is relevant to mention here that the applicant is neither member of alleged gang as alleged in the first information report nor involved 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. The police for showing there good work falsely implicated the applicant in the said case crime. That the real fact is that the applicant is innocent and belongs to a respected family and has good reputation being national player of volleyball. That the applicant was serving to the Central Government and was 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. 5 to this application. That the applicant had shifted to Lucknow along with his family since long back and he rarely visits his village. That the children of the applicant are studying in class VIII & III City Montessori School, Indira Nagar, Lucknow and due to false implication in said case crime, the career of the children gone in dark. That the applicant was National Player of 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. 6 to this application. That the entire case has been made and based against the applicant only on information of the police informer, which is not reliable as nothing is supported to prosecution story. That informant working for the present local Member of the Parliament of the ruling party due to political vendetta, he has been falsely implicated in the case crime. That in result of the above, the informant falsely implicates the 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 applicant is in jail since 08.09.2021 without committing any offence as alleged against him. That the applicant does not committed any offence 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 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 the applicant had moved his bail application bearing number 321 of 2022  before the Additional Session judge/Special Judge (Gangster), Room No.5, Pratapgarh and same has been rejected on 08.02.2022. The free copy of the bail rejection order dated 08.02.2022 passed by the court below is annexed herewith as Annexure No. 7 to this affidavit. That the applicant will not misuse the liberty of bail if so granted by this Court. That the applicant is previously not convicted by any court of law. That the applicant further declares in compliance of the Section 19(4)(b) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 that the applicant is committed any offense as alleged in the first information report and also he is not likely to commit any offense while on bail, if so granted by this Hon'ble High Court. That the applicant has no motive to commit the 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 absconding or tempering with the prosecution witnesses. That the applicant is ready to furnish personal 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 and necessary in the interest of justice that the applicant be enlarged on bail during pendency of his trial.


I, Prem Dutt Pachauri aged about 63 years son Shri Shiv Charan Lal Pachauri resident of Village – Chachipura Khander, Police Station – Fatehabad, District - Agra, Religion – Hindu, Education – Literate, Occupation – Agriculture, do hereby solemnly affirm and state on oath as under :- That the deponent is the father of the applicant/pairokar in above noted application and duly authorized for swearing affidavit on his behalf and as such he is fully conversant with the facts of the case and deposed as under. The ID of the deponent is affixed on the affidavit and his ID proof is enclosed with the affidavit. That this is the first bail application of the applicant before this Hon'ble Court.  No any other bail application pending before this  or rejected by this . That brief facts of the case is that; on 25.09.2019 at 23.36 hours the informant namely Dr. Rakesh Kumar Mishra, Circle Officer, Circle - Sahibabad, District – Ghaziabad, lodged a first information report bearing Case Crime No. 422 of 2019 under Sections 409 of I.P.C. and 7/13 The Anti Corruption (Prevention) Act, 1988 against the applicant and 6 others with regard to grabbing of the recovered money from the accused persons. The photo/typed copy of the first information report lodged by the informant on 25.09.2019 is being annexed herewith as Annexure No. 1 to this affidavit. That allegation levelled in the first information report lodged by the informant is that in night of the 24/25.09.2019, the two accused of the case crime 176 of 2019 lodged under Section 409 of IPC at Police Station – Station Link Road, District – Ghaziabad have been arrested in raid, which was conducted the IO of the said case crime. During said raid Rs. 14,81,500/- & Rs. 31,00,000/- recovered by the IO of the case crime. But during the questioning by the informant, the accused said they both have approximately Rs. 1.15-1.25 Cror. Thereafter the informant lodged the first information report against the applicant and others for missing of Rs. 70-80 lacs. That on very same i.e. on 25.09.2019, the statement of the informant has been recorded by the investigating officer under Section 161 of Cr.P.C., in which the informant almost repeated his first information report. In addition to that he has got permission from the higher official for lodging first information report against the applicant and others after initial investigation. The typed copy of the statement of the informant dated 25.09.2019 is being annexed herewith as Annexure No. 2 to this affidavit. That the applicant has no concerned with the alleged incident which has been took place at time raid in connection with case crime 176 of 2019 lodged under Section 409 of IPC at Police Station – Station Link Road, District – Ghaziabad. That real story is that the applicant has no any relation with said crime as alleged against him by the informant & investigating officer of the case crime. That the informant has directed vide order dated 23.09.2019 the applicant to appear before the Information Commission at Lucknow on 25.09.2019. The photocopy of the order dated 23.09.2019 passed by the informant is being annexed herewith as Annexure No. 3 to this affidavit. That in pursuant to the order dated 23.04.2019, the applicant went to the office of the Police Line, Ghaziabad through his private vehicle No. UP 14 – EC – 0393 and collected the requisite paper on 24.09.2019 near about 14.30 hours. That after collection of the relevant papers, the applicant moved to Lucknow but prior to that he went to his uncle’s house at Fetehabad, Agra. Meanwhile the Smt. Laxmi Singh Chauhan Station House Officer, Police Station – Station Link Road, District – Ghaziabad (hereinafter referred to as ‘SHO’) called the applicant about 05.17 PM for becoming the part and parcel of the raid, which has to be conducted at Delhi in connection of the case crime 176 of 2019 lodged under Section 409 of IPC at Police Station – Station Link Road, District – Ghaziabad. At that moment as the applicant was moving to Lucknow he replied her that he is moving to Lucknow in pursuant to the order passed by the informant. The applicant further send his location to the SHO on his WhatsApp number. That the applicant was continuously moving with his private vehicle No. UP 14 – EC – 0393 on 24.09.2019 and crossed Yamuna Expressway on 24.09.2019 at 06.17.53PM. The photocopy of the toll plaza reports of the vehicle No. UP 14 – EC – 0393 is being annexed herewith as Annexure No. 4 to this affidavit. That the near about 06.51.15 AM on 25.09.2019 reached to the nearby Lucknow to appear before the Hon'ble Information Commission. The applicant has exit the Agra Expressway with his private vehicle No. UP 14 – EC – 0393 with benefit of exemption of toll tax being police officer. The photocopy of the toll receipt dated 25.09.2019 along with the photograph of the vehicle is being annexed herewith as Annexure No. 5 to this affidavit. That the applicant has appeared before the Hon'ble Information Commission in Appeal No. S-10-825/A/2018 (Hazi Arif Vs First Appellate Officer, SSP, Ghaziabad) and submitted the compliance report dated 24.09.2019 before the Hon'ble Commission on 25.09.2019 and put his signature on the order sheet of the Hon'ble Commission on behalf of the First Appellate Officer. The photocopy of the compliance order dated 24.09.2019 and the order sheet dated 25.09.2019 containing the signature of the applicant is being annexed herewith as Annexure No. 6 to this affidavit. That here it relevant to mention that the applicant was not present at Police Station – Station Link Road, District – Ghaziabad since 24.09.2019 about 14.00 hours and the said fact is also well known by the SHO as she herself directed the applicant to appear before the Hon'ble Information Commission, Lucknow but the applicant has been falsely implicated in the case crime. That despite knowing that the applicant is not at Police Station – Station Link Road, District – Ghaziabad but vide perusal of the contents of serial No. 2 of CD-35 dated 25.09.2019, it is mentioned that the vide GD entry No. 10 dated 24.09.2019, the applicant along with other police personnel exit on 19.03 hours vide Rapat No. 32 dated 24.09.2019 and returned on 20.00 hours and later on vide Rapat No. 39 dated 24.09.2019 at 21.05 again exit with the SHO and others for raid in connection with the case crime 176 of 2019 lodged under Section 409 of IPC at Police Station – Station Link Road, District – Ghaziabad. That thereafter the raid has been conducted by the SHO and other team members at Delhi, in which the applicant was not member of the said raid team and recovered the amount of & 14,81,500/- from arrested accused of the of the case crime 176 of 2019 and recovery memo have been prepared. The photocopy of the recovery memo dated 25.09.2019 relating to the amount 14,81,500/- is being annexed herewith as Annexure No. 7 to this affidavit. That on bare perusal of the recovery memo it is very clear that on one recovery memo the signature of the applicant has been contained while another has not. Here it is relevant to mention that the applicant was not present at time of raid but his signature has been made by the raiding team members for their good faith. That according the recovery memo dated 25.09.2019, the applicant and a constable have been sent to the concerned police station along with the alleged money, while at that time the applicant was moving to Lucknow. That thereafter vide G.D. No. 4 at 03.04 hours dated 25.09.2019 mentioned the returning of the applicant along with constable have been entered at 03.04 hours on 25.09.2019 along with the arrested accused and recovered money from them. That thereafter another raid has been conducted by the SHO and other raid team at Delhi, in which from arrested accused of the of the case crime 176 of 2019 Rs. 31,00,000/- has been recovered. The photocopy of the recovery memo relating to amount Rs. 31,00,000/- is being annexed herewith as Annexure No. 8 to this affidavit. That thereafter vide G.D. No. 6 dated 25.09.2019 at 04.27 hours mentioned the returning of the SHO along with raiding team has been returned along with the arrested accused and recovered money from them. That thereafter the informant has informed by the SHO with regard to said raid and recovery of the money and arrested accused then the informant came at concerned Police Station and took statement of the accused persons, who stated that they have about 1.15-1.25 Crore rupees while the raid team shown recovery of Rs. 45,81,500/-. That the informant, when came to know that the recovery amount is lesser than actual amount and about 70-80 lacs rupees is missing, then he informed to his higher officers with said regard. That the Senior Superintendent of Police, Ghaziabad directed the informant on 25.09.2019 to conduct an inquiry with regard to raid conducted in case crime 176 of 2019 by the SHO and missing of Rs. 70-80 lacs. That the informant has conducted the inquiry and concluded the same on very same day i.e. 25.09.2019 on the basis of the statements of the raid team, accused statements and on basis of the documents and found guilty for grabbing of the money. That the informant in his report dated 25.09.2019 without going to fact only on the basis of the GD entries, named the applicant and stated that the applicant is also involve in grabbing the money while the applicant was in Lucknow in pursuant to the order dated 23.09.2019, passed by the informant himself. That the SHO and other raid team have also not informed to the informant that the applicant was not the part and parcel of the raid conducted in connection with the case crime No. 176 of 2019. That on inquiry report dated 25.09.2019, the Senior Superintendent of Police, Ghaziabad directed investigating officer lodged the first information report, in pursuant to same, the first information report dated 25.09.2019 lodged against the applicant and others. That it was very surprising that the SHO as well as the informant well known that the applicant was on way of Lucknow to appear before Hon'ble Information Commission but only on basis of the wrong entry in the G.D., the first information report lodged against the applicant. That the father of the applicant, met with the informant and stated abovementioned facts and produced the records to show that the applicant was at Lucknow and appear before Hon'ble Information Commission and requested to them consider the same and submit the final report in favour of the applicant but nothing has been done by them. That the father of the applicant moved a complaint over the Jansunwai portal bearing No. 40014619039336 on 12.11.2019 before the opposite party No. 1 stating that the applicant is being falsely implicated in the case crime and requested to do needful but nothing has been done by him. The photocopy of the complaint moved by the father of the applicant on 12.11.2019 is being annexed herewith as Annexure No. 9 to this affidavit. That when nothing has been done, then again the father of the applicant moved a complaint over the Jansunwai portal bearing No. 40014619043126 on 18.12.2019 before the state authority mentioned all above noted facts and requested to do needful. The photocopy of the complaint moved by the father of the applicant on 18.12.2019 is being annexed herewith as Annexure No. 10 to this affidavit. That meanwhile against the applicant and other accused, the Non-Bailable Warrant has been issued on 19.10.2019 and proceeding of Section 82 of Cr.P.C. has been initiated on 08.11.2019. That investigating officer, despite knowing everything mentioned hereinabove, submitted the charge sheet against the applicant along with other accused on 01.01.2020 bearing No. 01 of 2020 under Sections 409 of I.P.C. and 7/13 The Anti Corruption (Prevention) Act, 1988, in very illegal and malafide manner. That the court concerned against the applicant & other accused takes cognizance and passed the impugned summoning order dated 06.01.2020. That it is also relevant to mention here that no case is made out against the applicant as alleged in the first information report and applicant has never committed any offence as alleged. That nothing has been recovered from the applicant’s possession with regard to impugned first information report lodged by the informant. That in view of the abovementioned averments, it is clear that the Sections 409 of I.P.C. and 7/13 The Anti Corruption (Prevention) Act, 1988 have not attracted upon the applicant. That it is also relevant to mention here that no case is made out against the applicant as alleged in the said application and applicant has never committed any offence as alleged. That the applicant has surrendered before the competent court on 24.08.2020 and thereafter he has been send to the jail on very same day. That the applicant in jail since 24.08.2020 without committing any offense as alleged against the applicant. That the co-accused including the SHO of the case crime has been released on bail by this Hon'ble High Court passed in various dates, while the applicant is still in jail without committing any offense as alleged against him. The photocopies of the order passed by this Hon'ble High Court are being annexed as Annexure No. 11 to this application. That the applicant moved bail application bearing No. 2863 of 2020 before Special Judge, Special Court No. 2, (Corruption Prevention Act), Meerut and his bail application has been rejected by the court concerned on 08.09.2020. The free certified copy of the order dated 08.09.2020 passed by court concerned is being annexed as Annexure No. 12 to this application. That there is no chance of the applicant absconding or tempering with the prosecution witnesses. That the applicant is ready to furnished the security and bond and also undertake that he will be never misused liberty of bail. That the applicant has no criminal history except the aforesaid false case and not likely to hope in future to commit any offence. That in view of the above, it would be expedient and necessary in the interest of justice that the applicant be enlarged on bail during pendency of case.


I, Prmila Yadav aged about 22 years daughter of Shri Badri Prasad Yadav resident of Village – Tirchha Peeng, Kunda, Police Station - Maheshganj, District – Pratapgarh, Religion – Hindu, Education – Illiterate, Occupation – Agricultural labour, do hereby solemnly affirm and state on oath as under :- That the deponent is the sister/pairokar of the applicant and duly authorized by the applicant to doing pairavi and files the aforesaid application before this Hon'ble Court and as such she is fully conversant with the facts of the case and deposed as under. The ID Proof of the deponent is enclosed and her photograph is affixed on the affidavit. That the deponent further declares that the contents of the affidavit have been explained in Hindi by the counsel of the applicant to her as such he conversant with the facts of the case. That this is the first bail application before this . No any other bail application pending before this Hon'ble Court or rejected by this Hon'ble Court. That brief facts of the case is that; on 02.07.2022, Shri Ayodhya Prasad son of Late Gayadeen resident of Village Tirchha, Police Station - Maheshganj, District – Pratapgarh (hereinafter referred to as ‘informant’) lodged a first information report bearing Case Crime No. 169 of 2022 under Sections 307, 308, 323, 504, 506, 427 of I.P.C. at Police Station – Maheshganj, District – Pratapgarh against the applicant and his brothers of the applicant and two unknown persons with regard to an attempt to murder of the husband of the informant by firing upon him with regarding incident dated 25.06.2022. The photo/typed copy of the first information report dated 02.07.2022 is being annexed herewith as Annexure No. 01 to this affidavit. That the prosecution of the informant in nutshell is that on 25.06.2022 around 07.30 hours, the applicant and his brother were in a property dispute trying to take possession of the informant’s land and protested the same, the applicant and his brothers have beaten the informant and others by lathi, danda, iron rod. That the alleged incident took place as the informant on 25.06.2022 but the first information report has been lodged on 02.07.2022 i.e. more than 7 days delay, without giving any explanation with regard to the delay caused in lodging FIR, which is questionable and doubtful as the informant aforesaid FIR on basis of legal advice to harass the applicant and his family members and also for blackmailing for money. That initially the injured persons have been brought for their medical at C.H.C. Kunda, Pratapgarh on 25.06.2022 around 10.30 hours, where their medical reports have been prepared and referred to S.R.N. Hospital, Prayagraj. The photo/typed copies of the medical reports dated 25.06.2022 of the injured are being annexed herewith as Annexure No. 2 to this affidavit. That thereafter, the injured have brought to S.R.N. Hospital, Prayagraj on the very same day i.e. 25.06.2022, where the C.T. Scan of all three injured persons have been conducted. The photo/ typed copies of the S.T. Scan reports of the injured persons dated 25.06.2022 are being annexed herewith as Annexure No. 3 to this affidavit. That on a bare perusal of the medical reports of the injured person, they seem to be forged and fabricated so for concern to the S.R.N. Hospital, Prayagraj as the 2 C.T. Scan report has been handwritten while one is computerized. That after about two months the C.T. Scan of the injured person, the supplementary medical report of two injured were prepared on 06.08.2022 and about four months later the supplementary medical of the third injured was prepared on 01.10.2022 by the C.H.C., Kunda, Pratapgarh. The photo/ typed copies of the supplementary medical reports of the injured dated 06.08.2022 & 01.10.2022 are being annexed herewith as Annexure No. 4 to this affidavit. th That the statement of the informant has been recorded under Section 161 of Cr.P.C. by the concerned police on 03.07.2022, in which he almost repeated his first information report. The typed copy of the statement of the informant dated 03.07.2022 is being annexed herewith as Annexure No. 5 to this affidavit. That the statements of the injured were also recorded by the concerned police on 25.07.2022 and 24.09.2022 under Section 161 of Cr.P.C., in which she almost repeated the statement of the informant. The typed copy of the statements of the injured are being annexed herewith as Annexure No. 6 to this affidavit. That the version of the injured has not collaborated with the medical report as the injured sustained injuries. That the real fact of the case is that the applicant and informant are residents of the same village and have a dispute regarding the land. That the informant is arrogant person and has enmity with some other villagers, as a result of the same on 25.06.2022, the informant and others fought with other, and they sustained injuries but later after well plan the informant cooked a false and fabricated story to falsely implicate the applicant and his brothers in the said case crime. That here it is relevant to mention that the applicant and his brothers were not in the village at the time of the incident and they were in Punjab, where they were working since long back. That the applicant and his brothers have been arrested by the concerned police on 11.08.2022, when the applicant and his brothers were retruned to their village on occation of the Rakshabandhan, which has been itself clered by the arresting memo. That there is no independent witness of the case crime, which also creat doubts upon the prosecution story. That it is also relevant to mention here that no case is made out against the applicant as alleged in the said application and the applicant has never committed any offence as alleged. That it is relevant to mention here that the applicant was falsely implicated by the informant in said case crime with the collusion of the concerned police. That the applicant has no concern with the said offence committed with the informant but then he was falsely implicated in said case crime. That there is no credible evidence on record, 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 307, 308, 323, 504, 506, 427, 325 of I.P.C. registered, in the interest of Justice. is made out against the applicant. That without proper investigation of the case crime, the investigating officer has submitted the charge against the applicant and his brothers bearing charge sheet No. 228 of 2022 under Section 307, 308, 323, 504, 506, 427, 325 of I.P.C. on 03.10.2022 That neither any evidence was found against the 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 offence as alleged but he has been falsely implicated and has no involvement in the said case as alleged in the first information report. That apart of the instant case, which has been lodged by the informant on basis of the fact, there is no criminal history of the applicant. That the applicant moved bail application bearing No. 3759 of 2022 before Additional Session Judge, Room No. 3, Pratapgarh, and his bail application has been rejected by the court concerned on 17.01.2023. The free certified copy of the order dated 17.01.2023 passed by the court concerned is being annexed as Annexure No. 7 to this affidavit. That the applicant is languishing in jail since 11.08.2022 without committing any offense as alleged by the informant. That there is no possibility of the applicant’s conviction because he has not committed the crime in question as alleged by the informant. That the applicant undertakes that he will not misuse the liberty of bail if so granted by this Court. That there is no chance of the applicant absconding or tempering with the prosecution witnesses. That the applicant is ready to furnish the security and bond and also undertake that he will be never misused the liberty of bail. That in view of the above, it would be expedient and necessary in the interest of justice that the applicant be enlarged on bail in connection to Case Crime No. 169 of 2022 under Sections 307, 308, 323, 504, 506, 427, 325 of I.P.C. registered at Police Station – Maheshganj, District – Pratapgarh, in the interest of Justice during the pendency of case.


I, Nagendra Pratap Singh aged about 37 years son of Shri Awadhesh Pratap Singh Resident of Village – Nauriha, Police Station – Sangramgarh, District – Pratapgarh, Religion – Hindu, Education – Literate, Occupation – Agriculture, do hereby solemnly affirm and state on oath as under :- That the deponent is the pairokar of the applicant 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 this . No any other bail application pending before this Hon'ble Court or rejected by this Hon'ble Court. That brief facts of the case is that; on 07.04.2006, the informant Shiv Mohan Singh resident of Shri Chandra Pal Singh resident of Village - Nevani Narai, Police Station - Sangramgarh, District – Pratapgarh lodged a first information report bearing Case Crime No. 19 of 2006 under Section 307 I.P.C. at Police Station – Sangramgarh, District – Pratapgarh against the applicant/petitioner with regard to attempt to murder of the opposite party No. 2 by firing three rounds with 15 Bore country made pistol (Katta) on 06.04.2006. 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 medical of the injured/informant was conducted initially at Community Heath Centre, Sangramgarh, District – Pratapgarh on 06.04.2006 and thereafter his medical conducted at S. R. N. Hospital, Allahabad. The photo/typed copy of the medical reports of the injured/informant is being annexed herewith as Annexure No. 2 to this affidavit. That the statement of the informant has been recorded under Section 161 of Cr.P.C. by the concerned police in which he repeated his first information version after modified his story to prove his allegation. The photocopy of the statement of the informant is being annexed herewith as Annexure No. 3 to this affidavit. That after lodging the first information report the investigating officer after proper investigation i.e. on basis of statements of the witnesses & other evidences, submitted the final report bearing No. 09 of 2006 dated 11.07.2011 in favour of the applicant. The photo/typed copy of the final report dated 11.07.2006 is being annexed herewith as Annexure No. 4 to this affidavit. That thereafter the informant against the final report dated 11.07.2006 moved protest application before the court concerned on 30.10.2006. The opposite party No. 2 made several allegations upon the investigating officer on false and frivolous basis. That upon said protest application, after hearing to the parties concerned, the court concerned vide its order dated 18.04.2007 quashed the final report dated 11.07.2006 directed to investigate the matter under Section 190(1)B of Cr.P.C.. The photocopy of the order dated 18.04.2007 passed by the court concerned is being annexed herewith as Annexure No. 5 to this affidavit. That the informant, lodged the said first information report and later on filed protest application against final report dated 11.07.2006 only for the harassing to the applicant and his family members and try to blackmail. That the summoning order dated 18.06.2007 has never been served upon the applicant thus he was not aware about the said criminal proceeding. Meanwhile the learned court below imitated the proceeding under Section 82 of Cr.P.C. against the applicant on 07.09.2017. That the applicant challenged the summoning dated 18.06.2007 as well as Non Bail Warrant order dated 07.09.2017 issued by the learned court below before this Hon'ble High Court by filing Crl. Misc. Case No. 2479 (A-482) of 2018 (Rajesh Kumar Pandey alias Napoleon Vs State of U.P. and another). That aforesaid case has been decided by this Hon'ble High Court on 26.04.2018 and directed the applicant to surrender before the court concerned and moved bail application and such application would be decided by the court concerned under the law laid down in Lal Kamlendra Pratap Singh Vs. State of U.P., reported in 2009(3) ADJ, 322 (SC). The photocopy of the order dated 26.04.2018 passed by this Hon'ble High Court is being annexed herewith as Annexure No. 6 to this affidavit. That in pursuant to directions of this Hon'ble High Court the applicant surrendered before the court concerned and the court concerned granted interim bail to the applicant but later on the bail application has been rejected by the court. That it is also relevant to mention here that no case is made out against the applicant as alleged in the said application and applicant has never committed any offence as alleged. That it is relevant to mention here that the applicant was falsely implicated by the informant in said case crime with collusion of the concerned police. That the applicant has no concerned with said offence committed with the informant but the he was falsely implicate in said case crime. That there is no credible evidence on record, 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 307 I.P.C. is made out against the applicant. That neither any evidence was found against the 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 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 No. 772 of 2018 before 1st Additional Session Judge/ Special Judge, Human Rights and POSCO Act, and his bail application has been rejected by the court concerned on 05.10.2018. The free copy and certified copy of the order dated 05.10.2018 passed by court concerned is being annexed as Annexure No. 7 to this application. That the learned 1st Additional Session Judge/ Special Judge, Human Rights and POSCO Act on basis of criminal history rejected the bail application of the applicant, which is as under: Case Crime No. 19 of 2006 under Sections 307 of IPC at Police Station – Sangramgarh, District – Pratapgarh, in which the applicant is in jail. Case Crime No. 17 of 2005 under Sections 323, 504, 506 of IPC at Police Station – Sangramgarh, District – Pratapgarh, in which the applicant is enlarged on bail and trail is going on. Case Crime No. 47 of 2006 under Sections 323, 504 of IPC at Police Station – Sangramgarh, District – Pratapgarh, with this regard, the applicant has no any information. Case Crime No. 124 of 2007 under Sections 307 of IPC at Police Station – Nawabganj, District – Pratapgarh, in which the applicant acquittal by the court concerned. Case Crime No. 126 of 2007 under Sections 25 of Arms Act at Police Station – Nawabganj, District – Pratapgarh, in which the applicant acquittal by the court concerned. Case Crime No. 91 of 2008 under Sections 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 at Police Station – Sangramgarh, District – Pratapgarh, in which the applicant acquittal by the court concerned. The photocopy of the acquittal order passed by court concerned is being annexed as Annexure No. 8 to this application. Case Crime No. 58 of 2009 under Sections 110G of Cr.P.C. at Police Station – Sangramgarh, District – Pratapgarh, the said proceeding is windup. Case Crime No. 23 of 2011 under Sections 110G of Cr.P.C. at Police Station – Sangramgarh, District – Pratapgarh, the said proceeding is windup. Case Crime No. 139 of 2012 under Sections 110G of Cr.P.C. at Police Station – Sangramgarh, District – Pratapgarh, the said proceeding is windup. The serial No. iv & v of the above list were lodged by the concerned police falsely showing the applicant was involve in police encounter. That the applicant in jail since 05.10.2018 without committing any offence as alleged against the applicant by the informant. That there is no possibility of the applicant’s conviction because he has not committed the crime in question as alleged by the informant. That the applicant undertakes that he will not misuse the liberty of bail if so granted by this Court. That there is no chance of the applicant absconding or tempering with the prosecution witnesses. That the applicant is ready to furnished the security and bond and also undertake that he will be never misused liberty of bail. That in view of the above, it would be expedient and necessary in the interest of justice that the applicant be enlarged on bail during pendency of case.


I, Ram Awadh aged about 66 years son of Shri Budhu resident of Village – Karmajitpur, Dileeppur, Police Station – Kandhai, District – Pratapgarh, Religion – Hindu, Education – Illiterate, Occupation – Agriculture, do hereby solemnly affirm and state on oath as under :- That the deponent is the father/pairokar of the applicant 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 the deponent further declares that the contents of the affidavit have been explained in Hindi by the counsel of the applicant to him as such he conversant with the facts of the case. That this is the first bail application before this . No any other bail application pending before this Hon'ble Court or rejected by this Hon'ble Court. That brief facts of the case is that; on 13.07.2022, the informant Smt. Pooja Verma wife of Manish Verma resident of Village - Karmajeetpur, Police Station - Kandhai, District – Pratapgarh (hereinafter referred to as ‘informant’) lodged a first information report bearing Case Crime No. 303 of 2022 under Sections 307, 504, 506 of I.P.C. at Police Station – Kandhai, District – Pratapgarh against the brothers of the applicant and two unknown persons with regard to attempt to murder of the husband of the informant by firing upon him with regarding to incident dated 12.07.2022. The photo/typed copy of the first information report dated 13.07.2022 is being annexed herewith as Annexure No. 01 to this affidavit. That the applicant is languishing in jail since 15.07.2022 without committing any offense as alleged by the informant. That the prosecution of the informant is nutshell is that on 12.07.2022 around 19.30 hours, the brother of the applicant called the husband of the informant. Thereafter the informant heard a gunfire then he heard that her husband has been injured and the brothers of the applicant and two unknown were involve in said incident. That the applicant is not named in the first information report by the informant. That the medical of the injured/informant was conducted initially at District Hospital, Pratapgarh on 12.07.2022. According to the medical report of the injured, he sustained two injuries i. on nose and ii. on chest.  The photo/typed copy of the medical report dated 12.07.2022 of the injured is being annexed herewith as Annexure No. 2 to this affidavit. That the statement of the informant has been recorded under Section 161 of Cr.P.C. by the concerned police on 13.07.2022, in which she changed the version first information report and named the applicant and stated that the applicant gave a mobile to the informant and talking to her. When the informant made a compliant her husband then the applicant and his brothers gave life threat to her husband and on 12.07.2022 they attempted for murder. The typed copy of the statement of the informant dated 13.07.2022 is being annexed herewith as Annexure No. 3 to this affidavit. That the statement of the sister of the injured also recorded by the concerned police on 13.07.2022 under Section 161 of Cr.P.C., in which she almost repeated the statement of the informant. The typed copy of the sister of the injured dated 13.07.2022 is being annexed herewith as Annexure No. 4 to this affidavit. That thereafter on 14.07.2022, the statement of the injured has been recorded under Section 161 of Cr.P.C., in which he stated another motive and stated that the applicant fired by revolver at his forehead. The typed copy of the injured dated 14.07.2022 is being annexed herewith as Annexure No. 5 to this affidavit. That the version of the injured has not collaborated with the medical report as the injured sustained injuries on his nose and chest. If the applicant fired upon the injured at his forehead via close range then it is not possible that the injured sustained injuries on nose and chest. That there it is also relevant to mention that the as per prosecution, the applicant and his brothers themselves brought the injured to the hospital. If the applicant and his brothers have motive to murder the injured then why he was brought to the hospital by the applicant and his brother. That the injured thereafter went to S. R. N. Hospital, Prayagraj 13.07.2022 for his treatment without any advice or reference of the doctor concerned and without getting treatment leave the said hospital. That again on 13.07.2022, the injured admitted himself in Parvati Hospital Pvt. Ltd., Prayagraj, where he mentioned that he sustained the injuries due to road accident and after treatment discharged on 22.07.2022. The photo/typed copy of the admission and discharge summary of the injured issued by Parvati Hospital Pvt. Ltd., Prayagraj being annexed herewith as Annexure No. 6 to this affidavit. That the applicant and his brothers have been arrested from the District Hospital, Pratapgarh on 13.07.2022 and for showing the good work, the investigating officer shown the arresting of the applicant and his brother from another place on 15.07.2022, in which shown the recovery of the alleged fire arm from the applicant. The photo/typed copy of the recovery cum arrest memo dated 15.07.2022 is being annexed herewith as Annexure No. 7 to this affidavit. That the real fact of the case is that the applicant and injured are residing in same village and having enmity due to village party bandi. That on 12.07.2022, the injured was trying to remove the bullet from the katta at alleged place of incident at that time katta blasted and the injured sustained the injuries and then being villager, the applicant his brother brought him to hospital for the treatment of the injured. That meanwhile the informant lodged the first information report next day i.e. on 13.07.2022 without knowing the fact of the case against the brothers of the applicant. That thereafter the applicant and his brothers have been arrested by the concerned police from hospital and prepared forged recovery memo showing the recovery of the alleged fire arm from the applicant. That it is also relevant to mention here that no case is made out against the applicant as alleged in the said application and applicant has never committed any offence as alleged. That it is relevant to mention here that the applicant was falsely implicated by the informant in said case crime with collusion of the concerned police. That the applicant has no concerned with said offence committed with the informant but the he was falsely implicate in said case crime. That there is no credible evidence on record, 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 307, 504, 506, 120B of IPC registered, in the interest of Justice. is made out against the applicant. That neither any evidence was found against the 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 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 has been falsely implicated in another case apart from the above mentioned case,  which is as under: Case Crime No. 306 of 2022 under Sections 323, 504, 506, 325 of IPC at Police Station – Kandhai, District – Pratapgarh, in which the applicant has been granted the bail by the court concerned on 05.12.2022. The photocopy of the order dated 05.12.2022 passed by court concerned is being annexed as Annexure No. 8 to this affidavit. That apart from above mentioned cases there is no criminal history against the applicant. That the applicant moved bail application bearing No. 2851 of 2022 before Additional Session Judge, Room No. 3, Pratapgarh, and his bail application has been rejected by the court concerned on 28.09.2022. The free copy of the order dated 28.09.2022 misplaced by the deponent therefore certified copy of the order is being annexed with this affidavit. The certified copy of the order dated 28.09.2022 passed by court concerned is being annexed as Annexure No. 9 to this affidavit. That the applicant in jail since 15.07.2022 without committing any offence as alleged against the applicant by the informant. That there is no possibility of the applicant’s conviction because he has not committed the crime in question as alleged by the informant. That the applicant undertakes that he will not misuse the liberty of bail if so granted by this Court. That there is no chance of the applicant absconding or tempering with the prosecution witnesses. That the applicant is ready to furnished the security and bond and also undertake that he will be never misused liberty of bail. That in view of the above, it would be expedient and necessary in the interest of justice that the applicant be enlarged on bail in connection to Case Crime No. 303 of 2022 under Sections 307, 504, 506, 120B of IPC registered at Police Station – Kandhai, District – Pratapgarh, in the interest of Justice during pendency of case.