I, Dharendra Pratap Singh aged about 37 years son of Shri Jagdish Babadur Singh resident of Pure Gauran, Rautapur, District – Raebareli, Religion – Hindu, Qualification – Literate, Occupation – Agriculture, the deponent do hereby solemnly affirm and  state on oath as under :- That the deponent is brother-in-law (Sala) 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 photocopy of ID proof of the deponent is being annexed with this affidavit and the application for waiver of the filing affidavit is being filed separately with bail application. That this is first bail application on behalf of the Applicant before the Hon'ble Court and not other bail application is pending before in any court of law on his behalf. That the facts giving rise to the present case are being stated in brief hereinafter. That the applicant has falsely been implicated in case crime No. 48 of 2021 under Sections 420, 467, 468, 471, 272, 273 of I.P.C. and 60, 63 of U.P. Excise Act, 1910 at Police Station – Hathigawan, District – Pratapgarh on 01.04.2021 at 05.32 hours against the applicant, another known and several other unknown persons. The certified copy/ typed copy of the first information report dated 01.04.2021 is being annexed herewith as Annexure No. 1 to this Affidavit. That according to the First Information Report, which has been lodged by Shri Doodhnath Singh Yadav, Station House Officer, Police Station - Hathigawan, District – Pratapgarh (hereinafter referred to as ‘informant’) the prosecution story is in nutshell that the informant and his team on patrolling of area on 31.03.2021 and that time the informant got information from his informer with regard of huge adulterated liquor is being prepared by the applicant and other persons and they are selling the same. That the raid has been conducted by the informant along with his team on 31.03.2021 at 22.10 hours at alleged place of the applicant and seized lot of adulterated liquor. That the name of the applicant was told by the informer (eq[kfcj) of the concerned police prior to raid and on basis of which the applicant is named in the first information report. That the name of the applicant is shown at serial No. 1 in the accused column in the impugned first information report dated 01.04.2021. That the real fact is that the applicant is a common man of the society and running his own business and also managing the business of his wife. The business of the wife of the applicant is in the name of Sarvto Bhadra Traders, which is dealing in house building material and also have a brick field. That there is no concerned with the said allegation regarding illegal adulterated liquor as alleged by the informant. The 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 the wife of the applicant was elected as Village Pradhan in last local body election held in year 2015. That it is further relevant to mention that in year 2017 during the State Legislation election the applicant opposed the present local Member of Parliament (i.e. ruling party) due to which he has enmity with the applicant. That the applicant was threatened by the present Member of Parliament to support his candidate contesting for Zila Panchyat in local body elections otherwise he would be suffer a lot but the applicant denied for the same as he is follower of the other party, which is not ruling and contesting against the present ruling party. That due to aforesaid reasons for building pressure upon the applicant and his family, the present Member of Parliament is misusing the District Administration/ authorities against the applicant and lodged the impugned first information report. 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 informant falsely implicates the applicant, in the said crime, on the instructions of the present Member of Parliament, which is baseless and illegal due to ulterior motive. That the nothing was recovered in the regard of Adulterated liquor from the applicant’s possession and place in any manner by the informant. That on bare perusal of the first information report, it is also evident that there were no witnesses of raid conducted by the informant, which also creates doubts upon the story of the informant, which itself concocted and false. That the applicant has surrendered before the court concerned on 04.06.2021 in aforesaid case crime and according to the case diary, the investigating officer after getting the permission from the court concerned, recorded the statement of the applicant under Section 161 of Cr.P.C. in jail on 07.06.2021, while the investigating officer has not recorded statement as given by the applicant. The type copy of the alleged statement of the applicant recorded on 07.06.2021 is being annexed herewith as Annexure No. 2 to this Affidavit. That the concerned police, in very illegal manner, the statement of the application recorded in Case Crime No. 48 of 2021 place in all cases i.e. Case Crime No. 48, 49 and 50 of 2021, lodged by concerned police under the threat and pressure of the local politician as individual statement of each cases. That thereafter the investigating officer of the case crime has moved an application before the court concerned to take police custody remand on 09.06.2021. The police custody remand application has been allowed by the court concerned on 11.06.2021 and the applicant sent to police custody remand from 13.06.2021 at 10.00 AM to 14.06.2021 upto 10.00 AM. The photocopy of the order dated 11.06.2021 passed by the court concerned is being annexed herewith as Annexure No. 3 to this Affidavit. That it is very strange that in compliance of the order dated 11.06.2021, the investigating officers of the Case Crime No. 48, 49 and 50 of 2021 approached the jail authority on 13.06.2021 at 09.46 AM and after medical, the applicant was taken into police custody remand at 10.15 AM. The typed copies of the relevant part of the case diary of Case Crime No. 48, 49 and 50 of 2021 dated 14.06.2021 are being annexed herewith as Annexure No. 4 to this Affidavit. That after taking in police custody remand, a false and fabricated recovery memo has been prepared by the concerned police. In which on pointing out of the applicant, which is just 25 meter away (open place) from the recovery place of the Case Crime 50 of 2021, recovered huge amount of adulterated liquor and other related items. The typed copy of the recovery memo dated 13.06.2021 is being annexed herewith as Annexure No. 5 to this Affidavit. That the concerned police without proper investigation and under the pressure of the local politician against 5 accused persons including the applicant, filed the charge sheet No. 66 of 2021 on 30.07.2021 without receiving the Forensic Science Lab report. That for the extraneous reasons, the applicant falsely implicated in said case crime for showing good work of the police and after more than 5 months the chemical report is received by the investigating officer of the case crime. On basis of the chemical report it has been found the alleged recovered liquor is not adulterated hence the Section 272 & 273 of IPC has been dropped by the investigating officer, which is mentioned in CD No. 39 dated 16.09.2021. The typed copy of the CD No. 39 dated 16.09.2021 is being annexed herewith as Annexure No. - 6 to this affidavit. That the applicant is in jail since 04.06.2021 without committing any offense as alleged against them. That according to the prosecution story it clearly reveals that no one saw the occurrence and there are no any independent eye witnesses of the said recovery and it is a case of forge, fabricated and false and there is no any evidence against the applicant. That the applicant has no concerned with recovered adulterated liquor in any manner as such the under Sections 420, 467, 468, 471, 272, 273 of I.P.C. and 60, 63 of U.P. Excise Act, 1910 have not applicable against him. That the informant has not arrested the applicant at alleged place of recovery even not found anything from the applicant’ possession. That till date there is no any chemical report received from the alleged recovery dated 13.06.2021 stating therein that the recovered liquor was obnoxious or spurious for human consumption. That the applicant is the father of the two small children and during this global pandemic they are left alone and the life of the applicant is also in danger in jail as the Covid-19 spreading is too high in jails. 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. 7 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. 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. 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. Case Crime No. 51 of 2021 under section 60, 63 of U.P. Excise Act, Police Station - Hathigawan District - Pratapgarh. Case Crime No. 124 of 2021 under Sections 420, 467, 468, 471, 272, 273 of I.P.C., 60A, 60 of U.P. Excise Act, 1910, 63, 63A of Copyright Act, 1957 and 103, 104 of The Trade and Merchandise Marks Act, 1958 at Police Station – Kunda, District – Pratapgarh. Case Crime No. 125 of 2021 under Sections 420, 467, 468, 471, 272, 273 of I.P.C., 60A, 60 of U.P. Excise Act, 1910, 63, 63A of Copyright Act, 1957 and 103, 104 of The Trade and Merchandise Marks Act, 1958 at Police Station – Kunda, District – Pratapgarh. Case Crime No. 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. 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. 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. 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 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 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 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. The photocopies of the bail order and other related documents are being annexed herewith as Annexure No. 8 to this application. That apart of abovementioned cases, there no criminal history against the applicant. That the applicant had applied for bail before the Sessions Judge, Pratapgarh bearing Bail Application No. 1975 of 2021 under Sections 420, 467, 468, 471, 272, 273 of I.P.C. and 60, 63 of U.P. Excise Act, 19108 which is rejected by the court concerned without going to fact and records. The free copy of bail rejection order dated 22.09.2021 passed by the court concerned is annexed herewith as Annexure No. 9 to this affidavit. That the applicant has not committed any crime as alleged in the first information report by the informant and he has no concern. That there is no possibility of the applicant’s conviction because he has not committed the crime in question, as alleged by the prosecution. That the applicant is common man of the society. He has never convicted in any case and not involved in any criminal activities ever. That there is no chance of applicant’s absconding or tampering with the prosecution witnesses and they are willing to offer bail to the satisfaction of this Hon’ble Court. That the applicant will cooperate with the trial and will not tamper the prosecution witnesses. That the applicant undertakes that he will not misuse the liberty of bail if so granted by this Hon’ble Court. That the applicant is ready and willing to file adequate surety as the Hon’ble Court may deems fit and proper in the circumstances of the case. That in view of the above, it would be expedient and necessary in the interest of justice that the Applicant be enlarged on bail in connection with Case Crime No. 48 of 2021 under Sections 420, 467, 468, 471, 272, 273 of I.P.C. and 60, 63 of U.P. Excise Act, 1910 registered at Police Station – Hathigawan, District – Pratapgarh during pendency of trial.


I, Dharendra Pratap Singh aged about 37 years son of Shri Jagdish Babadur Singh resident of Pure Gauran, Rautapur, District – Raebareli, Religion – Hindu, Qualification – Literate, Occupation – Agriculture, the deponent do hereby solemnly affirm and  state on oath as under :- That the deponent is brother-in-law (Sala) 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 photocopy of ID proof of the deponent is being annexed with this affidavit and the application for waiver of the filing affidavit is being filed separately with bail application. That this is first bail application on behalf of the Applicant before the Hon'ble Court and not other bail application is pending before in any court of law on his behalf. That the facts giving rise to the present case are being stated in brief hereinafter. That the applicant has falsely been implicated in 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 at Police Station – Hathigawan, District – Pratapgarh on 03.04.2021 at 02.09 hours against the applicant and 12 other persons. The certified copy/ typed copy of the first information report dated 03.04.2021 is being annexed herewith as Annexure No. 1 to this Affidavit. That according to the First Information Report, which has been lodged by Shri Doodhnath Singh Yadav, Station House Officer, Police Station - Hathigawan, District – Pratapgarh (hereinafter referred to as ‘informant’),  the prosecution story is in nutshell that the informant lodged a first information report against the applicant and several other persons on 03.04.2021 about 23.52 hours and stated that the informant and his team was on patrolling of area on 02.04.2021 and that time the team of Surveillance Cell, Prayagraj Zone met with the informant and informed that his team got information from his informant (eq[kfcj), who told the all 19 names of the accused and stated that from Parsipur Cowshed they are involved in the smuggling the adulterated liquor and stored huge adulterated liquor. That the raid has been conducted by the informant along with his team on 02.04.2021 around 16.40 hours at alleged place of occurrence and seized lot of adulterated liquor and no anyone arrested by the concerned police at time raid. That the name of the applicant was told by the informer (eq[kfcj) of the concerned police prior to the raid and he was not present there and on basis of which the applicant is named in the first information report. That the name of the applicant is shown at serial No. 01 in the accused column impugned first information report dated 03.04.2021. That the alleged raid/recovery made by the informant on 02.04.2021 and first information report dated 03.04.2021 is lodged after one day delayed by the concerned police without giving any reason for delay. That the applicant is common man of society and has no concerned with the adulterated liquor and during the raid the applicant were not present at the place of incident. When the applicant came into knowledge that the concerned police searching the applicant in aforesaid case crime, then the applicant has surrendered before the court concerned on 04.06.2021. That the real fact is that the applicant is a common man of the society and running his own business and also managing the business of his wife. The business of the wife of the applicant is in the name of Sarvto Bhadra Traders, which is dealing in house building material and also have a brick field. That there is no concerned with the said allegation regarding illegal adulterated liquor as alleged by the informant. The 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 the wife of the applicant was elected as Village Pradhan in last local body election held in year 2015. That it is further relevant to mention that in year 2017 during the State Legislation election the applicant opposed the present local Member of Parliament (i.e. ruling party) due to which he has enmity with the applicant. That the applicant was threatened by the present Member of Parliament to support his candidate, who was contesting for post of Chairman, Zila Panchyat, in local body elections otherwise he would be suffer a lot but the applicant denied for the same as he is follower/ supporter of the other political party, who is contesting against the present ruling party. That due to aforesaid reasons for building pressure upon the applicant and his family, the present Member of Parliament is misusing the District Administration/ authorities against the applicant and lodged the impugned first information report. 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 informant falsely implicates the applicant, in the said crime, on the instructions of the present Member of Parliament, which is baseless and illegal due to ulterior motive. That the nothing was recovered in the regard of Adulterated liquor from the applicant’s possession and place in any manner, by the informant and the applicant has no concerned with said recovery in any manner. That on bare perusal of the first information report, it is also evident that there were no independent witnesses of raid conducted by the informant, which also creates doubts upon the story of the informant, which itself concocted and false. That the applicant has surrendered before the court concerned on 04.06.2021 in case crime No. 48 of 2021 registered at Police Station – Hathigawan, District – Pratapgarh. That after 05 days of the surrender of the applicant, the investigating officer of the aforesaid case crime moved an application on 09.06.2021 for taking judicial custody of the applicant in case crime 50 of 2021, which was allowed by the court below. That the investigating officer recorded the statement of the applicant under Section 161 of Cr.P.C. in jail on 10.06.2021, while the investigating officer has not recorded statement as given by the applicant. The type copy of the alleged statement of the applicant recorded on 10.06.2021 is being annexed herewith as Annexure No. 2 to this Affidavit. That the investigating officer, due to political influence, written the statement of the applicant himself and stated that the applicant using the land gata No. 377 situated at Village – Imbrahimpur, District – Pratapgarh for his illegal activity. The investigating officer, himself wrote a letter on 08.05.2021 to the Sub Divisional Magistrate, Tahsil - Kunda, District - Pratapgarh seeking information regarding the ownership and use of the aforesaid land. That in response to the said letter, the report has been given to the investigating officer on 25.05.2021 by the concerned revenue officer, stating therein that the land is recorded in the name of Radha Krishna Ramjanki Kuti, Krishnaban in revenue records. The aforesaid report is the part of the case diary. The photo/typed copy of the report dated 25.05.2021 given by the concerned revenue officer is being annexed herewith as Annexure No. 3 to this Affidavit. That on perusal of the said report and alleged statement of the applicant, which is actually not given by the applicant, it is clear that the applicant has no concerned with the said land but due to political vendetta, the applicant investigating officer created/ prepared the false and fabricated evidences against the applicant due to extraneous reasons. That the concerned police, in very illegal manner, the statement of the applicant recorded in Case Crime No. 48 of 2021 place in all cases i.e. Case Crime No. 48, 49 and 50 of 2021, lodged by concerned police under the threat and pressure of the local politician as individual statement of each cases. That meanwhile the investigating officer of case crime No. 48 of 2021 has moved an application before the court concerned to take the applicant in police custody remand on 09.06.2021. The police custody remand application has been allowed by the court concerned on 11.06.2021 and the applicant sent to police custody remand from 13.06.2021 at 10.00 AM to 14.06.2021 upto 10.00 AM in Case Crime No. 48 of 2021. That it is very strange that in compliance of the order dated 11.06.2021, the investigating officers of the Case Crime No. 48, 49 and 50 of 2021 approached the jail authority on 13.06.2021 at 09.46 AM and after medical, the applicant was taken into police custody remand at 10.15 AM. The typed copies of the relevant part of the case diary of Case Crime No. 48, 49 and 50 of 2021 dated 14.06.2021 are being annexed herewith as Annexure No. 4 to this Affidavit. That the court below has been granted the police custody remand of the applicant in Case Crime No. 48 of 2021 but without having any order passed by the court concerned, the investigation officer of the Case Crime No. 49 and 50 of 2021, took the applicant in police custody remand. That after taking in police custody remand, a false and fabricated recovery memo has been prepared by the concerned police. In which on pointing out of the applicant, which is just 25 meter away (open place) from the recovery place of the Case Crime 50 of 2021, recovered huge amount of adulterated liquor and other related items. The typed copy of the recovery memo dated 13.06.2021 is being annexed herewith as Annexure No. 5 to this Affidavit. That as the remand of the applicant was taken by the investigating officer of the Case Crime No. 48 of 2021 in furtherance of the order dated 11.06.2021 passed by the court below and as such the recovery was made during said police custody remand, it is related to the Case Crime No. 48 of 2021, not in Case Crime No. 50 of 2021, in any manner. That the concerned police without proper investigation and under the pressure of the local politician against 7 accused persons including the applicant, filed the charge sheet No. 73 of 2021 on 25.08.2021. That the applicant is in jail since 04.06.2021 without committing any offense as alleged against him. That the applicant has no concerned with recovered adulterated liquor in any manner as such the under Sections 420, 467, 468, 471, 272, 273 of I.P.C., 60(2), 60A, 63 of U.P. Excise Act, 1910, 63A of Copyright Act, 1957 and 103, 104 of The Trade and Merchandise Marks Act, 1958 at Police Station – Hathigawan, District – Pratapgarh have not applicable against him. That the informant has not arrested the applicant at alleged place of recovery even not found anything from the applicant’ possession on 02.04.2021. That till date there is no any chemical report received from the alleged recovery dated 13.06.2021 stating therein that the recovered liquor was obnoxious or spurious for human consumption. That the applicant is the father of the two small children and during this global pandemic they are left alone and the life of the applicant is also in danger in jail as the Covid-19 spreading is too high in jails. 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 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. Case Crime No. 51 of 2021 under section 60, 63 of U.P. Excise Act, Police Station - Hathigawan District - Pratapgarh. 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. 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. 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. 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. 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 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 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 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. The photocopies of the bail order and other related documents of the applicant are being annexed herewith as Annexure No. 7 to this application. That apart of abovementioned cases, there no criminal history against the applicant. That the several accused of the case crime have been filed bail before the learned court below in which one Anoop Singh, who have criminal history of 30 cases, granted bail by the court below on 14.07.2021. That after rejection of the bail from the learned court below, several accused also have been filed the bail application before this Hon'ble High Court in which 10 accused have been granted bail to them on various dates. The photocopies of the orders passed by this Hon'ble High Court are being annexed herewith as Annexure No. 8 to this Affidavit. That the applicant had applied for bail before the Additional Sessions Judge, Room No. 1, Pratapgarh bearing Bail Application No. 2565 of 2021 under Sections 420, 467, 468, 471, 272, 273 of I.P.C., 60(2), 60A, 63 of U.P. Excise Act, 1910, 63A of Copyright Act, 1957 and 103, 104 of The Trade and Merchandise Marks Act, 1958 at Police Station – Hathigawan, District – Pratapgarh which is rejected by the court concerned without going to fact and records. The free copy of bail rejection order dated 23.11.2021 passed by the court concerned is annexed herewith as Annexure No. 9 to this affidavit. That the applicant has not committed any crime as alleged in the first information report by the informant and he has no concern. That there is no possibility of the applicant’s conviction because he has not committed the crime in question, as alleged by the prosecution. That the applicant is common man of the society. He has never convicted in any case and not involved in any criminal activities ever. That there is no chance of applicant’s absconding or tampering with the prosecution witnesses and they are willing to offer bail to the satisfaction of this Hon’ble Court. That the applicant will cooperate with the trial and will not tamper the prosecution witnesses. That the applicant undertakes that he will not misuse the liberty of bail if so granted by this Hon’ble Court. That the applicant is ready and willing to file adequate surety as the Hon’ble Court may deems fit and proper in the circumstances of the case. That in view of the above, it would be expedient and necessary in the interest of justice that the Applicant be enlarged on bail in connection with Case Crime No. 48 of 2021 under Sections 420, 467, 468, 471, 272, 273 of I.P.C., 60(2), 60A, 63 of U.P. Excise Act, 1910, 63A of Copyright Act, 1957 and 103, 104 of The Trade and Merchandise Marks Act, 1958 at Police Station – Hathigawan, District – Pratapgarh during pendency of trial.


I, Dharmendra Pratap Singh aged about 37 years son of Shri Jagdish Babadur Singh resident of Pure Gauran, Rautapur, District – Raebareli, Religion – Hindu, Qualification – Literate, Occupation – Agriculture, the deponent do hereby solemnly affirm and  state on oath as under :- That the deponent is brother-in-law (Sala) 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 photocopy of ID proof of the deponent is being annexed with this affidavit and the application for waiver of the filing affidavit is being filed separately with bail application. That this is first bail application on behalf of the Applicant before the Hon'ble Court and not other bail application is pending before in any court of law on his behalf. That the facts giving rise to the present case are being stated in brief hereinafter. That the applicant has falsely been implicated in Case Crime No. 201 of 2021 under Sections 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 at Police Station – Hathigawan, District – Pratapgarh on 09.10.2021 at 23.42 hours against the applicant and 3 other persons. The certified copy/ typed copy of the first information report dated 09.10.2021 is being annexed herewith as Annexure No. 1 to this Affidavit. That prior to lodging the first information report the gang chart has been approved by the District Magistrate, Pratapgarh on 03.10.2021. The photo/ typed copy of the gang chart approved on 03.10.2021 is being annexed herewith as Annexure No. 2 to this Affidavit. That according to the First Information Report, which has been lodged by Shri Chandra Bhan Singh, the then S.H.O., Police Station – Hathigawan, District – Pratapgarh (hereinafter referred to as ‘informant’), the prosecution story is in nutshell that the applicant is active member of a gang, which was headed by the applicant himself along with some other members. The gang 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 the aforesaid case crime has been lodged against the applicant on basis of the single case i.e. 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 the applicant has been granted bail by this Hon'ble High Court on 06.12.2021. The photocopy of the order dated passed by this Hon'ble High Court 06.12.2021 is being annexed herewith as Annexure No. 3 to this Affidavit. That the name of the applicant is shown at serial No. 01 in the accused column first information report dated 09.10.2021 as gang leader. That the applicant is common man of society and has no concerned with the adulterated liquor. When the applicant came into knowledge that the concerned police searching the applicant, then the applicant has surrendered before the court concerned on 04.06.2021 in connection with case crime No. 48 of 2021 registered at Police Station – Hathigawan, District – Pratapgarh. That the real fact is that the applicant is a common man of the society and running his own business and also managing the business of his wife. The business of the wife of the applicant is in the name of Sarvto Bhadra Traders, which is dealing in house building material and also have a brick field. That there is no concerned with the said allegation regarding illegal adulterated liquor as alleged by the informant of the case crime NO. 50 of 2021. The said 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 the wife of the applicant was elected as Village Pradhan in last local body election held in year 2015. That it is further relevant to mention that in year 2017 during the State Legislation election the applicant opposed the present local Member of Parliament (i.e. ruling party) due to which he has enmity with the applicant. That the applicant was threatened by the present Member of Parliament to support his candidate, who was contesting for post of Chairman, Zila Panchyat, in local body elections otherwise he would be suffer a lot but the applicant denied for the same as he is follower/ supporter of the other political party, who is contesting against the present ruling party. That due to aforesaid reasons for building pressure upon the applicant and his family, the present Member of Parliament is misusing the District Administration/ authorities against the applicant and lodged the impugned first information report. 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 informant falsely implicates the applicant, in the said crime, on the instructions of the present Member of Parliament, which is baseless and illegal due to ulterior motive. That the nothing was recovered in the regard of Adulterated liquor from the applicant’s possession and place in any manner, by the informant and the applicant has no concerned with said recovery in any manner, related to the case crime No. 50 of 2021. That the investigating officer of the case crime No. 50 of 2021, due to political influence, written the statement of the applicant himself and stated that the applicant using the land gata No. 377 situated at Village – Imbrahimpur, District – Pratapgarh for his illegal activity. The investigating officer, himself wrote a letter on 08.05.2021 to the Sub Divisional Magistrate, Tahsil - Kunda, District - Pratapgarh seeking information regarding the ownership and use of the aforesaid land. That in response to the said letter, the report has been given to the investigating officer of the case crime No. 50 of 2021, on 25.05.2021 by the concerned revenue officer, stating therein that the land is recorded in the name of Radha Krishna Ramjanki Kuti, Krishnaban in revenue records. The aforesaid report is the part of the case diary. The photo/typed copy of the report dated 25.05.2021 given by the concerned revenue officer is being annexed herewith as Annexure No. 4 to this Affidavit. That on perusal of the said report, it is clear that the applicant has no concerned with the said land but due to political vendetta, the applicant investigating officer created/ prepared the false and fabricated evidences against the applicant due to extraneous reasons. That the applicant is in jail since 04.06.2021 without committing any offense as alleged against him. That the applicant has no concerned with any gang in any manner as such the under Sections 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 have not applicable against him. That the applicant is the father of the two small children and during this global pandemic they are left alone and the life of the applicant is also in danger in jail as the Covid-19 spreading is too high in jails. 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. 5 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 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, is present case. 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. 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. 6 to this application. That apart of abovementioned cases, there no criminal history against the applicant. That the several accused of the case crime have been filed bail before the learned court below in which one Anoop Singh, who have criminal history of 30 cases, granted bail by the court below on 14.07.2021. That the applicant had applied for bail before the Additional Sessions Judge (Gangster Act), Room No. 5, Pratapgarh bearing Bail Application No. 3023 of 2021 under Sections 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 which is rejected by the court concerned without going to fact and records. The free copy of bail rejection order dated 13.01.2022 passed by the court concerned is annexed herewith as Annexure No. 7 to this affidavit. That the applicant has not committed any crime as alleged in the first information report by the informant and he has no concern. That there is no possibility of the applicant’s conviction because he has not committed the crime in question, as alleged by the prosecution. That the applicant is common man of the society. He has never convicted in any case and not involved in any criminal activities ever. That there is no chance of applicant’s absconding or tampering with the prosecution witnesses and they are willing to offer bail to the satisfaction of this Hon’ble Court. That the applicant will cooperate with the trial and will not tamper the prosecution witnesses. That the applicant undertakes that he will not misuse the liberty of bail if so granted by this Hon’ble Court. That the applicant is ready and willing to file adequate surety as the Hon’ble Court may deems fit and proper in the circumstances of the case. That it is further prayed that the requirement of filing an Affidavit along with the Application(s) may further be dispensed with in view of the Guidelines provided by the order of the Hon’ble High Court dated 09.01.2022. That in view of the guidelines of the High Court dated 09.01.2022 the details of the deponent of the affidavit as under: Aadhar No.			-		690876641629 Card holder name		-		Dharmendra Pratap Singh Father’s name		-		Jagdish Bahadur Singh Address				-		Pure Gauran, Rautapur Raebareli Mobile No.			-		979312508 (Link with adhar No.)	- That the deponent further declared that after lifting the lockdown, he will be filed hard copy of the proper affidavit within one month. 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 with Case Crime No. 201 of 2021 under Sections 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 at Police Station – Hathigawan, District – Pratapgarh during pendency of trial.


I, Dharendra Pratap Singh aged about 37 years son of Shri Jagdish Babadur Singh resident of Pure Gauran, Rautapur, District – Raebareli, Religion – Hindu, Qualification – Literate, Occupation – Agriculture, the deponent do hereby solemnly affirm and  state on oath as under :- That the deponent is brother-in-law (Sala) 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 photocopy of ID proof of the deponent is being annexed with this affidavit and the application for waiver of the filing affidavit is being filed separately with bail application. That this is first bail application on behalf of the Applicant before the Hon'ble Court and not other bail application is pending before in any court of law on his behalf. That the facts giving rise to the present case are being stated in brief hereinafter. That the applicant has falsely been implicated in case crime No. 49 of 2021 under Sections 420, 467, 468, 471, 272, 273 of I.P.C., 60(2), 63 of U.P. Excise Act, 1910, 63A of Copyright Act, 1957 and 103, 104 of The Trade and Merchandise Marks Act, 1958 at Police Station – Hathigawan, District – Pratapgarh on 02.04.2021 at 12.23 hours against the applicant and several other accused persons. The certified copy/ typed copy of the first information report dated 02.04.2021 is being annexed herewith as Annexure No. 1 to this Affidavit. That according to the First Information Report, which has been lodged by Shri Doodhnath Singh Yadav, Station House Officer, Police Station - Hathigawan, District – Pratapgarh (hereinafter referred to as ‘informant’),  the prosecution story is in nutshell, that the informant and his team (other police personnel) were on patrolling of the area vide GD entry No. 21 dated 02.04.2021 at 20.48 hours. At that time the informant got information from his informer (eq[kfcj) in regard of huge adulterated liquor and manufacturing equipments are stored in house of one Shiv Murti Yadav situated at Mohaddinagar and the Applicant and other accused are doing business of the adulterated liquor. That the raid has been conducted by the informant along with his team on 02.04.2021 and arrested 7 accused from the spot and also seized lot of adulterated liquor and related items. That the name of the applicant was told by the informer (eq[kfcj) of the concerned police prior to the raid and on basis which the applicant is named in the impugned first information report. That the name of the applicant is shown at serial No. 8 in the accused column in the impugned first information report dated 02.04.2021. That the real fact is that the applicant is a common man of the society and running his own business and also managing the business of his wife. The business of the wife of the applicant is in the name of Sarvto Bhadra Traders, which is dealing in house building material and also have a brick field. That there is no concerned with the said allegation regarding illegal adulterated liquor as alleged by the informant. The 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 the wife of the applicant was elected as Village Pradhan in last local body election held in year 2015. That it is further relevant to mention that in year 2017 during the State Legislation election the applicant opposed the present local Member of Parliament (i.e. ruling party) due to which he has enmity with the applicant. That the applicant was threatened by the present Member of Parliament to support his candidate contesting for Zila Panchyat in local body elections otherwise he would be suffer a lot but the applicant denied for the same as he is follower of the other party, which is not ruling and contesting against the present ruling party. That due to aforesaid reasons for building pressure upon the applicant and his family, the present Member of Parliament is misusing the District Administration/ authorities against the applicant and lodged the impugned first information report. 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 informant falsely implicates the applicant, in the said crime, on the instructions of the present Member of Parliament, which is baseless and illegal due to ulterior motive. That the nothing was recovered in the regard of Adulterated liquor from the applicant’s possession and place in any manner by the informant. That on 01.04.2021, few persons have been arrested by the concerned police at the time of police raid and the statements of arrested accused persons have been recorded by the concerned police, who have also named the applicant. The typed copy of the statements of two arrested accused is being annexed herewith as Annexure No. 02 to this affidavit. That on bare perusal of the first information report, it is also evident that there were no witnesses of raid conducted by the informant, which also creates doubts upon the story of the informant, which itself concocted and false. That it is further relevant to mention here that on bare perusal of the first information report it is clear that the first information report has been lodged on 02.04.2021 at 12.23 hours while in the 7th to 9th line of the contents of the first information mentioned that the informant leaved the police station vide GD entry No. 21 dated 02.04.2021 at 20.48 hours. In this situation it is clear that the informant has lied in recovery memo, on which basis the first information report has been lodged. That the first information report lodged prior to the raid and preparation of the recovery memo, on basis which the first information report lodged against the applicant and others. That initially the first information report has been lodged under Sections 420, 467, 468, 471, 272, 273 of I.P.C., 60(2), 63 of U.P. Excise Act, 1910, 63A of Copyright Act, 1957 and 103, 104 of The Trade and Merchandise Marks Act, 1958 on 02.04.2021 and after moving the bail application before the court concerned in aforesaid Sections thereafter the concerned police added the Section 60A of U.P. Excise Act, 1910 and moved an application for taking the remand of the accused under said section on 14.04.2021. The typed of the remand u/s 60A application moved by the concerned police on 14.04.2021 is being annexed herewith as Annexure No. 3 to this Affidavit. That at time of alleged raid and preparation of recovery and arresting of the memo, the signatures of the all arrested accused have not taken on the recovery memo by the concerned police, on basis of that ground four other accused have been released on bail by the court concerned. The photocopy of the bail order passed by the court below is being annexed herewith as Annexure No. 4 to this Affidavit. That the three accused have filed the bail application before this Hon'ble High Court in Case Crime No. 49 of 2021, in which this Hon'ble High Court granted the bail to the accused. The photocopy of the order passed by this Hon'ble High Court is being annexed herewith as Annexure No. 5 to this Affidavit. That the court concerned specifically stated in its orders that “tekur ds fcUnq ij vkosfndk@vfHk;qDrk ds fo)ku vf/koDrk ,oa ftyk “kkldh; vf/koDrk QkStnkjh dks lquus rFkk miyC/k izi=ksa ds lE;d :is.k ifj”khyuksijkUr fofnr gksrk gS fd QnZ cjkenxh esa fdlh Hkh vfHk;qDrksa ds gLrk{kj ugha gS] fof/k foKku iz;ksx”kkyk ls vis;dj ds ckor dksbZ fjiksVZ vHkh rd izkIr ugha gS rFkk dksbZ rfLdjk lh0Mh0 esa vaafdr ugha gSA” That when the four accused have been released on bail on said ground by the court concerned thereafter the concerned police prepared fake, fabricated and duplicate recovery memo dated 02.04.2021 and also took the signatures of the accused persons from jail. The photo/ typed copy of the forged and fabricated recovery memo dated 02.04.2021 prepared by the concerned police is being annexed herewith as Annexure No. 6 to this Affidavit. That in forged and fabricated recovery memo an endorsement has been made by the concerned police personnel mentioning that “QnZ ds vk/kkj ij eq0v0la0 49@21 /kkjk 420] 467] 468] 471] 272] 273 vkbZ0ih0lh0 60¼2½] 63] 60¼,½] 103@104 O;kikj ,oa i.; oLrq fpUg vf/k0 iaft0 djk;k x;kA” The concerned police person has signed there and mentioned date 02.04.2021. That in view of aforesaid mentioned facts it is crystal clear that the concerned police manipulated/ created the evidences against the applicant by preparation of the forged and fabricated i.e. duplicate papers to prove guilty of the applicant and other accused before the trial court, which is illegal and same could not be treated evidence against the applicant in any manner. That the applicant has surrendered before the court concerned on 04.06.2021 in Case Crime No. 48 of 2021 and according to the case diary, the investigating officer after getting the permission from the court concerned, recorded the statement of the applicant under Section 161 of Cr.P.C. in jail on 07.06.2021, while the investigating officer has not recorded statement as given by the applicant. That it is further relevant to mention here that the statement of the applicant never recorded by the investigating officer in connection to Case Crime No. 49 of 2021 but the applicant came to know that the statement of the applicant under Section 161 of Cr.P.C. allegedly recorded on 10.06.2021 by the investigating officer, in which the applicant confessed his guilty. The type copy of the alleged statement of the applicant recorded on 10.06.2021 is being annexed herewith as Annexure No. 7 to this Affidavit. That the concerned police, in very illegal manner, the statement of the application recorded in Case Crime No. 48 of 2021 place in all cases i.e. Case Crime No. 48, 49 and 50 of 2021, lodged by concerned police under the threat and pressure of the local politician as individual statement of each cases. That thereafter the investigating officer of the Case Crime No. 48 of 2021  has moved an application before the court concerned to take police custody remand on 09.06.2021. The police custody remand application has been allowed by the court concerned on 11.06.2021 and the applicant sent to police custody remand from 13.06.2021 at 10.00 AM to 14.06.2021 upto 10.00 AM. The photocopy of the order dated 11.06.2021 passed by the court concerned is being annexed herewith as Annexure No. 8 to this Affidavit. That it is very strange that in compliance of the order dated 11.06.2021, the investigating officers of the Case Crime No. 48, 49 and 50 of 2021 approached the jail authority on 13.06.2021 at 09.46 AM and after medical, the applicant was taken into police custody remand at 10.15 AM. The typed copies of the relevant part of the case diary of Case Crime No. 48, 49 and 50 of 2021 dated 14.06.2021 are being annexed herewith as Annexure No. 9 to this Affidavit. That after taking in police custody remand in Case Crime No. 48 of 2021, a false and fabricated recovery memo has been prepared by the concerned police. In which on pointing out of the applicant, which is just 25 meter away from the recovery place of the Case Crime 50 of 2021, recovered huge amount of adulterated liquor and other related items. The typed copy of the recovery memo of Case Crime No. 48 of 2021 dated 13.06.2021 is being annexed herewith as Annexure No. 10 to this Affidavit. That the concerned police without proper investigation and under the pressure of the local politician against the 13 persons accused including the applicant, filed the charge sheet on 27.06.2021. That the applicant is in jail since 04.06.2021 without committing any offense as alleged against them. That according to the prosecution story it clearly reveals that no one saw the occurrence and there are no any independent eye witnesses of the said recovery and it is a case of forge, fabricated and false and there is no any evidence against the applicant. That the applicant has no concerned with recovered adulterated liquor in any manner as such the Sections 420, 467, 468, 471, 272, 273 of I.P.C., 60A, 60(2), 63 of U.P. Excise Act, 1910, 63A of Copyright Act, 1957 and 103, 104 of The Trade and Merchandise Marks Act, 1958 at Police Station – Hathigawan, District – Pratapgarh have not applicable against him. That the informant has not arrested the applicant at alleged place of recovery even not found anything from the applicant’ possession. That till date there is no any chemical report stating therein that the recovered liquor was obnoxious or spurious for human consumption. That the applicant is the father of the two small children and during this global pandemic they are left alone and the life of the applicant is also in danger in jail as the Covid-19 spreading is too high in jails. That the applicant having severe Chronic Liver Disease (70% liver is infected) and high diabetic and he 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. 11 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. 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. 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. Case Crime No. 51 of 2021 under section 60, 63 of U.P. Excise Act, Police Station - Hathigawan District - Pratapgarh. Case Crime No. 124 of 2021 under Sections 420, 467, 468, 471, 272, 273 of I.P.C., 60A, 60 of U.P. Excise Act, 1910, 63, 63A of Copyright Act, 1957 and 103, 104 of The Trade and Merchandise Marks Act, 1958 at Police Station – Kunda, District – Pratapgarh. Case Crime No. 125 of 2021 under Sections 420, 467, 468, 471, 272, 273 of I.P.C., 60A, 60 of U.P. Excise Act, 1910, 63, 63A of Copyright Act, 1957 and 103, 104 of The Trade and Merchandise Marks Act, 1958 at Police Station – Kunda, District – Pratapgarh. Case Crime No. 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 accused persons. 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. The aforesaid 8 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 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 by the court concerned. Case Crime No. 302 of 2011 under Section 110G of Cr.P.C. registered at Police Station – Hathigawan, District – Pratapgarh. Case Crime No. 19 of 2012 under Section 3(1) Gunda Act registered at Police Station – Hathigawan, District – Pratapgarh. 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 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. The photocopies of the bail order and other related documents are being annexed herewith as Annexure No. 12 to this application. That apart of abovementioned cases, there no criminal history against the applicant. That the applicant had applied for bail before the Sessions Judge, Pratapgarh bearing Bail Application No. 1763 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 which is rejected by the court concerned without going to fact and records. The free copy of bail rejection order dated 10.09.2021 passed by the court concerned is annexed herewith as Annexure No. 13 to this affidavit. That the applicant has not committed any crime as alleged in the first information report by the informant and he has no concern. That there is no possibility of the applicant’s conviction because he has not committed the crime in question, as alleged by the prosecution. That the applicant is common man of the society. He has never convicted in any case and not involved in any criminal activities ever. That there is no chance of applicant’s absconding or tampering with the prosecution witnesses and they are willing to offer bail to the satisfaction of this Hon’ble Court. That the applicant will cooperate with the trial and will not tamper the prosecution witnesses. That the applicant undertakes that he will not misuse the liberty of bail if so granted by this Hon’ble Court. That the applicant is ready and willing to file adequate surety as the Hon’ble Court may deems fit and proper in the circumstances of the case. That in view of the above, it would be expedient and necessary in the interest of justice that the Applicant be enlarged on bail in connection with Case Crime No. 49 of 2021 under Sections 420, 467, 468, 471, 272, 273 of I.P.C., 60A, 60(2), 63 of U.P. Excise Act, 1910, 63A of Copyright Act, 1957 and 103, 104 of The Trade and Merchandise Marks Act, 1958 registered at Police Station – Hathigawan, District – Pratapgarh during pendency of trial.


I, Sanjay Prarap Singh alias Guddu Singh aged about 38 years son of Shri Kunj Bihari Singh resident of Village – Purmai Sultanpur, Police Station – Maheshganj, District – Pratapgarh presently residing at House No. 20/71, Sector – 20, Indira Nagar, Lucknow, Religion – Hindu, Occupation – Government Servant, Education – Intermediate do hereby solemnly affirm and states on oath as under :- That the deponent is the applicant himself in aforesaid application and as such he is fully conversant with the facts of the case, deposed to hereunder. The photo verification slip issued by the Awadh Bar Association, Lucknow of the deponent is affixed on the affidavit and his ID proof is enclosed with the affidavit. That this is the First bail application before this Hon'ble Court and no any other bail is being before this Hon'ble High Court or at Allahabad or before any other High Court in India, pertaining to the same subject matter. That the First Information Report dated 02.04.2021 lodged by the informant as Case Crime No. 49 of 2021 under Sections 420, 467, 468, 471, 272, 273 of I.P.C., 60(2), 63 of U.P. Excise Act, 1910, 63A of Copyright Act, 1957 and 103, 104 of The Trade and Merchandise Marks Act, 1958 at Police Station – Hathigawan, District – Pratapgarh. The photo/typed copy of the First Information Report dated 02.04.2021 is being annexed herewith as Annexure No. 02 to this affidavit. That the informant lodged a first information report against the several known and unknown persons on 02.04.2021 about 12.23 hours and stated the informant and his team (other police personnel) got information with regard to huge adulterated liquor and manufacturing items which were stored in house of the Shivmurti resident of Village - Mohaddinagar. That the raid has been conducted by the informant along with his team on 02.04.2021 and arrested 7 accused from the spot and also seized lot of adulterated liquor. That it is further relevant to mention that the applicant was not named in the first information report, his name comes light in statements of some arrested accused persons, who were arrested at time of raid. The typed copy of the statements of arrested accused is being annexed herewith as Annexure No. 03 to this affidavit. That the raid has been conducted by the informant alongwith his team on 02.04.2021 at alleged place of occurrence and seized lot of adulterated liquor and no anyone arrested by the concerned police at the time raid. That the real fact of the incident is that the applicant has been falsely implicated in the case crime due to political enmity. The applicant is been implicate under the case crime in influence of one active member of the ruling party. That the informant falsely implicates the applicant, in the said crime for ulterior motive, which is baseless and illegal as the applicant is not involved in any criminal activity as alleged against him. That the informant falsely implicates the applicant, in the said crime, due to their own persons reasons, which is baseless and illegal due to ulterior motive. That nothing has been recovered in the regard of adulterated liquor from the applicant’s possession and place in any manner by the informant. That the applicant has no concerned with the recovered liquor from the alleged place by the informant. That it is further relevant to mention here that neither any other evidence against the applicant nor there is hope to found by the investigation officer as nothing has been done by the applicant. That the applicant is innocent and belongs to a respected family and has good reputation being national player of volleyball. That the applicant is presently serving to the Central Government and is posted as Point-man, at Northern Railways, District – Sultanpur. The photo/type copy of the certificate issued by the railway authority on 15.04.2021 is being annexed herewith as Annexure No. 04 to this application. That the applicant had shifted to Lucknow along 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. The photocopies of the fee receipts of the applicant’s children are being annexed herewith as Annexure No. 05 to this application. That the applicant was National Player of Volleyball and won several awards and lastly he was participated in 31st National Games, Punjab – 2001, in which he secured Silver Medal. The photocopies of the certificates related to the volleyball are being annexed herewith as Annexure No. 06 to this application. That the entire case has been made and based against the applicant only on information of the police informer, which is not reliable as nothing is supported to prosecution story. That during the investigation, the investigating officer added the Section 60A of U.P. Excise Act, in the case crime. That the Tanki test of alleged adulterated liquor has not been conducted by the Excise Officer concerned and even prior to information regarding said liquor, while the Excise Inspector was present at time of alleged raid, even the informant and Excise Inspector were themselves not assured that the recovered liquor is adulterated. That on bare perusal of the first information report, it is also evident that there were no independent witnesses of raid conducted by the informant, which also creates doubts upon the story of the informant, which itself concocted and false. That it is further relevant to mention here that on bare perusal of the first information report it is clear that the first information report has been lodged on 02.04.2021 at 12.23 hours while in the 7th to 9th line of the contents of the first information mentioned that the informant leaved the police station vide GD entry No. 21 dated 02.04.2021 at 20.48 hours. In this situation it is clear that the informant has lied in recovery memo, on which basis the first information report has been lodged. That the first information report lodged prior to the raid and preparation of the recovery memo, on basis which the first information report lodged by the informant. That initially the first information report has been lodged under Sections 420, 467, 468, 471, 272, 273 of I.P.C., 60(2), 63 of U.P. Excise Act, 1910, 63A of Copyright Act, 1957 and 103, 104 of The Trade and Merchandise Marks Act, 1958 on 02.04.2021 and after moving the bail application before the court below by other accused, in aforesaid Sections thereafter the concerned police added the Section 60A of U.P. Excise Act, 1910 and moved the application for taking the remand of the applicants and other accused on 14.04.2021. The typed of the remand application moved by the concerned police on 14.04.2021 is being annexed herewith as Annexure No. 07 to this Affidavit. That at time of alleged raid and preparation of recovery and arresting of the memo, the signatures of the all arrested accused have not taken on the recovery memo, on basis of that ground four other accused have been released on bail by the court below. The photocopies of the bail orders passed by the court concerned in said case crime are being annexed herewith as Annexure No. 08 to this Affidavit. That the court concerned specifically stated in its orders that “tekur ds fcUnq ij vkosfndk@vfHk;qDrk ds fo)ku vf/koDrk ,oa ftyk “kkldh; vf/koDrk QkStnkjh dks lquus rFkk miyC/k izi=ksa ds lE;d :is.k ifj”khyuksijkUr fofnr gksrk gS fd QnZ cjkenxh esa fdlh Hkh vfHk;qDrksa ds gLrk{kj ugha gS] fof/k foKku iz;ksx”kkyk ls vis;dj ds ckor dksbZ fjiksVZ vHkh rd izkIr ugha gS rFkk dksbZ rfLdjk lh0Mh0 esa vaafdr ugha gSA” That when the four accused have been released on bail on said ground thereafter the concerned police prepared fake, fabricated and duplicate recovery memo dated 02.04.2021 and also took the signatures of the accused persons from jail. The photo/ typed copy of the forged and fabricated recovery memo dated 02.04.2021 prepared by the concerned police is being annexed herewith as Annexure No. 09 to this Affidavit. That in forged and fabricated recovery memo an endorsement has been made by the concerned police personnel mentioning that     “QnZ  ds vk/kkj  ij  eq0v0la0 49@21 /kkjk 420] 467] 468] 471] 272] 273 vkbZ0ih0lh0  60¼2½] 63] 60¼,½] 103@104 O;kikj ,oa i.; oLrq fpUg vf/k0 iaft0 djk;k x;kA” The concerned police person has signed on said forged recovery memo and mentioned date 02.04.2021. That initially the first information report lodged on the basis of the recovery memo under Sections 420, 467, 468, 471, 272, 273 of I.P.C., 60(2), 63 of U.P. Excise Act, 1910, 63A of Copyright Act, 1957 and 103, 104 of The Trade and Merchandise Marks Act, 1958 on 02.04.2021 but during preparation of the forged and fabricated recovery memo, it has been mentioned that the on basis of the recovery memo Case Crime No. 49 of 2021 under Sections 420, 467, 468, 471, 272, 273 of I.P.C., 60A, 60(2), 63 of U.P. Excise Act, 1910, 63A of Copyright Act, 1957 and 103, 104 of The Trade and Merchandise Marks Act, 1958. That in view of aforesaid mentioned facts it is crystal clear that the concerned police is manipulating/ creating the evidences against the accused of the case crimes including the applicants by preparation of the forged and fabricated papers to prove guilty of the applicant before the trial court. That till date there is no any chemical report stating that the recovered liquor was obnoxious or spurious for human consumption. 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, this is the present case, in which the applicant is being filing the anticipatory bail before this Hon'ble High Court. Case Crime No. 50 of 2021 under Sections 420, 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. Case Crime No. 124 of 2021 under Sections 420, 467, 468, 471, 272, 273 of I.P.C., 60A, 60 of U.P. Excise Act, 1910, 63, 63A of Copyright Act, 1957 and 103, 104 of The Trade and Merchandise Marks Act, 1958 at Police Station – kunda, District – Pratapgarh. Case Crime No. 125 of 2021 under Sections 420, 467, 468, 471, 272, 273 of I.P.C., 60A, 60 of U.P. Excise Act, 1910, 63, 63A of Copyright Act, 1957 and 103, 104 of The Trade and Merchandise Marks Act, 1958 at Police Station – Kunda, District – Pratapgarh. Case Crime No. 48 of 2021 under section 420, 467, 468, 471, 272, 273 of I.P.C., 60, 63 of U.P. Excise Act, Police Station: Hathigawan District: Pratapgarh. The applicant name was not named in the First information Report his name was added by the investigation officer during the investigation. Case Crime No. 121 of 2021 under Sections 3/25 Arms Act registered at Police Station – Maheshganj, District – Pratapgarh. That the aforesaid 6 cases are recently lodged under the political pressure of the local politician. The applicant moved the anticipatory bail application in court below, in case mentioned at serial No. (i) to (iv), which are rejected by the court concerned except mentioned at serial No. (ii). 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, 63 of Copyright Act, 1957 registered at Police Station – Mil Area, District – Raebareli, in which the applicant released on bail. Case Crime No. 17 of 2016 under Section 135 The 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 is released on bail by this Hon'ble High Court. The photocopies of the bail order and other related documents are being annexed herewith as Annexure No. 10 to this application. That in the similar case crime, this Hon'ble High Court granted the accused Diwakar Singh, Shubam Singh and Bharat Lal Yadav and 4 other accused have been granted on bail by the court below namely Manju Devi, Gyan Devi, Roli and Rati Devi. The photocopies of the bail order accused of the case crime passed by this Hon'ble High Court and court below is being annexed herewith as Annexure No. 11 to this affidavit. That in similar sections this Hon'ble High Court granted anticipatory bail to applicant of the Anticipatory Bail No. 6690 of 2021 (Ramesh Kumar alias Ramesh Chandra Vs State of U.P. and another) vide order dated 28.07.2021. The photocopy of the order dated 28.07.2021 passed by this Hon'ble High Court is being annexed herewith as Annexure No. 12 to this application. That if the applicant will arrested, the applicant will suffer irreparable loss and injury as the applicant has not committed any offence. 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 anticipatory bail. That in view of the above, it would be expedient and necessary in the interest of justice that the applicant be enlarged on anticipatory bail in connection with Case Crime No. 49 of 2021 under Sections 420, 467, 468, 471, 272, 273 of I.P.C., 60(2), 60A, 63 of U.P. Excise Act, 1910, 63A of Copyright Act, 1957 and 103, 104 of The Trade and Merchandise Marks Act, 1958 at Police Station – Hathigawan, District – Pratapgarh, in the interest of Justice, during pendency of case.


I, Shyam Singh aged about 28 years son of Shri Chobar resident of Village – Ratanpur Mohiddunpur, Police Station - Pasgawan, District- Lakhimpur Kheri, Religion – Hindu, Qualification – Literate, Occupation – Agriculture, the deponent do hereby solemnly affirm and  state on oath as under :- That the instant matter is not related to CBI/ prevention of Corruption Act/ Enforcement Directorate /matters relating to NRHM Scam / GPF Scam/matters of MP/MLA etc. That the deponent is the brother of the applicant and doing pairvi in the above-noted case and also duly authorized by the applicant. The deponent further declares that the contents of this instant application explained by the counsel of the applicant as such he is fully conversant with the facts of the case deposed herein under. 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 she conversant with the facts of the case. That this is the second bail application of the applicant. The First bail application of the applicant bearing No. 3281 of 2020 has been rejected by Hon'ble Rajeev Singh “J” on 27.01.2022 with the direction of the trial court to conclude within one year. No any other bail application is pending before this Hon'ble High Court or any other competent court. The photocopy of the order dated 27.01.2022 passed by this Hon'ble High Court is being annexed herewith as Annexure No. 1 to this affidavit. That the applicant in jail in relation to the first information report lodged by Pankaj Kumar son of Chhote Lal resident of Village - Ratanpur, Police Station - Pasgawan, District- Lakhimpur Kheri (hereinafter referred to as ‘informant’) on 14.06.2019 at 01.51 hours against the 22 persons including the applicant, baring case crime No. 281 of 2019 under Sections 147, 148, 149, 323, 504, 506, 307 of I.P.C. at Police Station – Pasgawan, District – Lakhimpur Kheri. The photo/ typed copy of the first information report dated 14.06.2019 is being annexed herewith as Annexure No. 2 to this affidavit. That according to the prosecution story, it has been alleged in the first information report dated 14.06.2019 by the informant that due to old political rivalry, the brother of the informant’s father namely Mahendra Singh was murdered by the father of the applicant, and 6 other person in the year 1984. The father of the applicant and others has been convicted of life imprisonment and they have been released on bail, which was given in Appeal, in which some have died. The informant further alleged that on 13.06.2019 around 16.15 hours when the informant and his two others were going to their pond at that time the applicant and 21 others have been assaulted upon them with a lathi, danda, and sharp weapons then the informant and his other brother runaway from the alleged place of incident and thereafter the applicant fired upon the third brother of the informant. The informant further alleged that another brother of the applicant, who was also named in the first information report, fired upon the informant, and a mob gathered at the alleged place of occurrence and runaway. That the aforesaid first information report has been lodged by the informant in counterblast for his and his brothers safeguard as against them on very same i.e. 14.02.2016, a first information report has been lodged bearing case crime No. 283 of 2019 under Sections 323, 504, 504, 308 of I.P.C. at Police Station – Pasgawan, District – Lakhimpur Khiri by one of cousin brother of the applicant. The photocopy of the first information report dated 14.06.2019 lodged against the informant and others is being annexed herewith as Annexure No.3 to this affidavit. That the injured was brought to the hospital for treatment where he died on 16.06.2019. That the body of the deceased was brought to the P. M., Shahjahanpur for conducting post-mortem on 16.06.2019, where the post-mortem was conducted by the doctor concerned. The photo/ typed copy of the post-mortem report dated 16.06.2019 is being annexed as Annexure No. 4 to this affidavit. That the version of the first information report is totally false and baseless and the same depends upon the concocted story as such nothing happened as alleged by the informant in his first informant report. That the informant himself stated that he along with his brother were runaways from the place of the incident then there is no possibility he saw the applicant when he was fired as alleged by the informant against his brother. On a bare perusal of the site plan, it is crystal clear that there is no chance to see the applicant, at the time of the alleged incident. The photo/typed copy of the site plan of the case crime prepared by the concerned police is being annexed as Annexure No. 5 to this affidavit. That the applicant has been arrested by the concerned police on 18.06.2019 and the alleged firearm has not been recovered from the possession of the applicant. The alleged firearm has been given by the informant himself to the concerned police at the time of arrest of the applicant who stated that at the time alleged incident, he snatched it away with the help of his brother. The typed copy of the arresting-cum-recovery memo dated 18.06.2019 is being annexed herewith as Annexure No. 6 to this affidavit. That the statement of the informant has been recorded by the concerned police on 20.06.2019 under Section 161 of Cr.P.C., in which the informant changed his statement and improved his prosecution story to falsely implicate the applicant and others. The typed copy of the statement of the informant dated 20.06.2019 is being annexed herewith as Annexure No. 7 to this affidavit. That the informant himself stated in his first information report that he was run away from the alleged place of the incident along with his brother to save his life as 22 persons have been assaulted upon them, later on, 18.06.2019 stated that he snatched the firearm from the possession of the applicant, which creates doubt upon his statement. That it is further relevant to mention that according to the informant himself, after firing upon his brother the applicant, the alleged firearm was used by the brother of the applicant as who have fired upon him and a mob gathered so far away from the alleged incident to save their life and run away from the incident then how the informant snatched the firearm from the applicant. That the statement of the brother of the informant has also been recorded on 20.06.2019 under Section 161 of Cr.P.C., who has almost repeated the statement of the informant and tried his best to falsely implicate the applicant. The typed copy of the statement of the brother of the informant dated 20.06.2019 is being annexed herewith as Annexure No. 8 to this affidavit. That the concerned police recorded the statements of several alleged eyewitnesses of the case crime on 01.08.2019, who supported the story of the prosecution but no one, said that the alleged firearm has been snatched by the informant from the possession of the applicant. The photocopies of the statements of the alleged eyewitnesses of the case crime are being annexed herewith as Annexure No. 9 to this affidavit. That it is very strange that the eyewitnesses of the case crime reached the alleged place of incident after listening to the noise of the alleged incident, from their houses, situated around 400 meters away from the place of incident. That as a matter of fact the applicant is innocent and he has been falsely implicated by the informant due to the malafide intention of the informant to save him and his brothers. That thereafter without proper investigation of the case crime, the investigating officer submitted the charge sheet No. 339 of 2019 on 13.08.2019 against the applicant and another, while nothing has been done by the applicant as alleged against him. Here it is relevant to mention that only 2 out of 22 people have been charge-sheeted while the concerned police produced a total of 73 witnesses of the case crime. The photocopy of the relevant part of the charge sheet dated 13.08.2019 showing the list of the 73 witnesses of the case crime is being annexed herewith as Annexure No. 10 to this affidavit. 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 302, 504, 506 of I.P.C. is made out against the applicant. That the real story is that between the applicant and the informant’s family have been enmity for a long year back and the father of the applicant and others have been convicted of life imprisonment in the murder of the brother of the informant’s father in the year 1984. That the father of the applicant has been released on bail and after releasing him the informant and his family members were not happy and they want to falsely implicate the applicant and his brothers to teach a strong lesson to the father of the applicant. That the applicant’s family has a monkey as a pet named ‘Languri’ and on 13.06.2019 around 11.00 hours entered the house of the informant therefore the informant and his brother along with another brutally beat the monkey who died. That the informant and his brothers were about 16.00 burying the dead body of the monkey at that time the applicant recorded a video said the incident and he was caught by the informant and others and then he was brutally beaten by them. When the uncle of the applicant tried to save him, he was also beaten by the informant and others. That thereafter an application was moved for lodging the first information report before the concerned court but due to extraneous reasons, it was lodged after lodging the first information report of the informant bearing case crime No. 283 of 2019 under Sections 323, 504, 504, 308 of I.P.C. at Police Station – Pasgawan, District – Lakhimpur Khiri by cousin brother of the applicant, in which the concerned police submitted the charge sheet No. 353 of 2019 on 28.08.2019 under Section 325, 323, 504, 506 of I.P.C. against the informant and others. The photocopy of the charge sheet dated 28.08.2019 submitted against the informant and others is being annexed herewith as Annexure No. 11 to this affidavit. That it is further relevant to mention that the informant and his brother Vinod, who is the alleged eyewitness of the case crime, and hardened criminals and have a long criminal history. The informant is a history sheeter having HS-32 Category – A of Police Station – Pasgawan, District – Lakhimpur Khiri. That the co-accused of the case crime namely Laxman died on 26.01.2020, when he was in jail. That the applicant is in jail since 18.06.2019 without any of his fault. That no crime is made out against the applicant as alleged in the impugned first information report lodged by the informant. That neither any evidence was found against the applicant nor has any motive has been assigned to the applicant in the present case. That entire allegation as alleged in the first information report is false and frivolous. That according to the prosecution story, it clearly reveals that story of the prosecution is false and incorrect and concerned police avoiding the truth of the case and there is no evidence against the applicant. That neither the applicant has a motive nor has any motive been assigned to him to commit the crime in question. That the first information report has been lodged afterthought and after consultation, in order to falsely implicate the applicant and other accused persons. That the trial of the case has been initiated and statement and cross-examination of the informant have been recorded by the court concerned in which the P.W. – 1/ informant has not stated that he has not given the alleged firearm to the investigating officer at the time of arrest of the applicant. The photocopy of the statement and cross-examination of the informant given before the trial is being annexed herewith collectively as Annexure No. 12 to this affidavit. That in the aforesaid trial the informant/ PW – 1 changed his statement and stated that several persons of the village came to the alleged place of incident, in which he did not say that his family members also came to the alleged place of incident, who are allegedly eyewitnesses of the case crime. That all witnesses of the case crime are the interested witnesses as such merely on the basis of their statements and testimony, the applicant would not be pleaded guilty. 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 this Hon'ble High Court vide its order dated 27.01.2022 directed the learned trial court to expedite the trial within one year. The copy of the aforesaid order has been served before the trial court but after passing more than one year, the trial is not concluded yet. That there is no chance to conclude the trial of the applicant sooner as till date only the informant has been examined as P.W. - 1 and yet 72 witnesses are in queue for their examination as such in the interest of justice that the applicant be enlarged on bail during the pendency of his trial. That the applicant has falsely implicated in aforesaid case crime and he has no criminal history ever. That the bail application of the applicant has been rejected by learned Session Judge, Lakhimpur Kheri in bail application No. 257 of 2020 vide order dated 18.02.2020. The photocopy of the bail rejection order dated 18.02.2020 passed by the court concerned is being annexed herewith as Annexure No. 13 to this affidavit. 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 a personal bond and sureties to the entire satisfaction before the court if the bail is granted to him. That in view of the above-noted fact, it is most respectfully prayed that this Hon’ble may kindly be pleased to enlarge the applicant on bail in relation to Case Crime No. 281 of 2019, under Sections 302, 504, 506 of I.P.C. related to Police Station – Pasgawan, District – Lakhimpur Kheri, during the pendency of his trial, in the interest of justice