First Bail Application
Code:
Group:Major Bail
Crime No.-163/13
U/s-147/148/149/323/307/302 IPC
P.S. Mahrajganj,
District-Ayodhya
IN THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD, LUCKNOW BENCH, LUCKNOW
Crl. Misc. Case No (B) of 2024
Sanjay Kumar, S/o Chantu Lodh,R/o Village, Faram
Purwa, H/o Bariyari P.S. Sakran, District Ayodhya.
…………Applicant
(In Jail)
Versus
State of
U.P. …..…….Opp. Party
INDEX
|
Sl.No. |
Particular of papers |
Page No. |
|
1 |
First
Bail application |
Separate |
|
2 |
Affidavit
in support of bail application |
|
|
3 |
Annexure
No.-1
Photo/typed copy of the F.I.R. Crime No. 163/13 U/s 147/148/149/ |
|
|
4 |
Annexure
No.-2 Typed copy of the statement U/s 161 Cr.P.C.
of the informant. |
|
|
5 |
Annexure
No.-3 Photo/Typed copy of the postmortem report of
the deceased. |
|
|
6 |
Annexure
No.-4 Typed
copy of the statement U/s 161 Cr.P.C. of the wife of the deceased viz. Renu
Devi. |
|
|
7 |
Annexure
No.-5 The
copy of bail order dated 12-03-14 passed Bail No.1502 of 2024. |
|
|
8 |
Annexure
No.-6 Certified
copy of the bail rejection order dated 11-04-2024 |
|
|
9 |
I.D. Proof of the deponent |
|
|
10 |
Memo. |
|
Lucknow (VINOD KUMAR PANDEY)
Dated: 21-05-2024 Advocate
Counsel for the Applicant
Code:
Group:Major Bail
Crime No.-195/2024
U/s-147/148/149/323/307/302 IPC
P.S. Mahrajganj,
District-Ayodhya
IN THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD,
Crl. Misc. Case No (B) of 2024
फुल पार्टी बना लीजियेगा, क्योंकि अब Affidavit में फुल पार्टी बनती है
Sanjay Kumar,
S/o Chantu Lodh,R/o Village, Faram Purwa, H/o Bariyari P.S. Mahrajganj,
District Ayodhya.
…………Applicant
(In
Jail)
Versus
State of U.P. …..…….Opp. Party
FIRST BAIL APPLICATION U/s 439 Cr.P.C.
For
the facts, reasons and circumstances mentioned in the accompanying affidavit it
is most respectfully prayed that the applicant Sanjay Kumar may be released on bail during the
pendency of investigation and trial if any which would serve in the ends of
justice.
Lucknow (VINOD
KUMAR PANDEY)
Dated: 21-05-2024 Advocate
Counsel for the applicant
Code:
Group:Major Bail
Crime No.-163/13
U/s-147/148/149/323/307/302 IPC
P.S. Mahrajganj,
District-Ayodhya
IN THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD,
Crl. Misc. Case No (B) of 2024
फुल पार्टी बना लीजियेगा, क्योंकि अब Affidavit में फुल पार्टी बनती है
Sanjay Kumar,
S/o Chantu Lodh,R/o Village, Faram Purwa, H/o Bariyari P.S. Sakran, District Ayodhya.
…………Applicant
(In Jail)
Versus
State of U.P. …..…….Opp.
Party
Affidavit in support of
First Bail Application
I, Triloki, aged about 35 years, S/o Sri Deen Dayal, R/o-Village-Bariyari,
P.S. Mahrajganj, District Ayodhya Religion-Hindu, by Caste-Lodh,
Qualification-literate, Profession-Farmer, do hereby solemnly affirm on oath as
under :-
1. That the deponent is the uncle
of the accused/applicant and is doing pairavi on his behalf as such he is fully
conversant with the facts and circumstances of the case.
2. That an F.I.R. has been
registered by one Shiv Den S/o Krishna Kant, R/o-Sakran, P.S. Sakran, District Ayodhya
on 21-09-2013 at about .55 A.M. regarding an incident alleged to be off mid
night at about 12:30 A.M. of 20-21/09-2013 at P.S. Sakran, District Ayodhya against
the Sanjay Kumar(applicant), Sarvan Lodh, Arvind Lodh,Ramesh & Raj Kumar and
two unknown persons. The F.I.R. was registered at Crime No. 163/2013
U/s-147/148/149/323/307 I.P.C. at P.S. Sakran, District Ayodhya. A
typed/photocopy of the F.I.R. is being annexed herewith as Annexure No.-1 to this affidavit.
3. That it has been alleged in
the FIR that today in the night of 20/21-09-2013 the informant was sleeping along
with his family members on the roof of his house and at about 00:30 A.M. he
hear some noise on his door on which his mother Smt. Renu Devi opened door for
seeing and at that time Shiv Kumar, Sarwan sons of Chantu Lodh Resident of-Farampurwa,
H/o Bariyari, P.S. Mahrajganj, Ayodhya and his brother-in-law Ramesh Son of Chunni
Lodh and Raj Kumar resident of-Lalu Purwa and Arvind Lodh R/o-Mahrajganj and
two unknown persons caught his mother and beaten her and on hearing of noise of
his mother the informant along with his father Krishna Kant came on which the
accused persons caught her father and Shiv Kumar has fired on his head and ran
away in the north side of village. Since the copy of the FIR has been annexed
herewith as annexure No.1 as such the same was not reproduced verbatim.
4. That initially the F.I.R.
has been registered at Case Crime No.-163/13, U/s-147/148/149/323/307 IPC P.S. Mahrajganj,
District-Ayodhya but the injured had died during treatment on which vide Rapat
No. 14 dated 21-09-2013 at about 8:20 A.M. the section-302 IPC has been added
by the Investigating Officer.
5. That the Investigated
Officer has recorded the statement of the informant on 21-09-2013 in which he
has supported the version of the F.I.R. and told that all the named accused
persons had caught his father and the accused Shiv Kumar (applicant)has fired
on him with intention to kill him. A typed copy of the statement of the
informant U/s 161 Cr.P.C. is being annexed herewith as Annexure No-2 to this affidavit.
6. That the postmortem of the
deceased was conducted on 21-09-2013 at District Hospital Ayodhya in which 3
injuries were found on the body of the deceased in which two was caused by fire
arm and one is abrasion. A photo/typed copy of the postmortem report is being
annexed herewith as Annexure No.-3
to this affidavit.
7. That the statement of the
wife of the deceased viz. Renu Devi was recorded by the Investigating Officer
on 10-10-2013 in which she has also alleged that the accused persons has caught
her husband and the accused Shiv Kumar(applicant) had fired on him. A typed
copy of the statement of the Renu Devi U/s 161 Cr.P.C. is being annexed
herewith as Annexure No.-4 to
this affidavit.
8. That in fact the applicant
is innocent and has been falsely implicated in the above noted case due to the
enmity with the informant.
9. That in fact the daughter of
the deceased was with in love with the applicant and they have left their
houses on their free own will on which an F.I.R. was got registered against applicant
and in the said F.I.R. the girl was recovered by the Police and she gave
statement in favor of the applicant as such the applicant has not been arrested
by the Police.
10. That due to the said incident
the family members of the deceased have a grudge with the applicant and are
doing pairvi to get the applicant be arrested.
11. That in between in the night
of 20/21-09-2013 the incident has taken place in which the applicant has been
named along with the other co-accused person after due consultation.
12. That as per the prosecution
allegation the applicant has been assigned the role of firing on the deceased
and other 4 named and 2 unknown has been assigned the role of catching hold the
deceased.
13. That it is not possible in
any manner that a person had fired upon a person who was caught by the six
persons but none of the persons assigned the role of catching hold have
received injuries.
14. That there is a allegation
against the applicant of firing by country made pistol and a 315 bore country
made pistol is said to have been recovered from the possession of the applicant
but in the postmortem report the injury No.2 shows multiple burn spots on whole
face and left side fore head and left side shoulder which is not possible by
the said weapon.
15. That the injuries received by
the deceased are contrary to the prosecution evidence.
16. That the applicant has been
arrested by the Police on 22-09-2013 and since then he is in jail.
17. That there is no independent
eye witness of the case and both the eye witnesses are the interested
witnesses.
18. That prior to the alleged
F.I.R. a case Cr. No.148/13 U/s 363,366 IPC P.S. Sakran has been lodged against
the applicant.
19. That the charge sheet has
been submitted by the Police against the applicant as such there is no chance
to threaten the witnesses.
20. That the applicant has a
permanent residence as such there is a no chance of his absconding.
21. That the co-accused persons
who has been assigned the role of catching hold the deceased has been granted
bail by this Hon’ble Court vide order dated 26-02-2024 passed in Bail No. 1173
of 2024 and order dated 12-03-2024 passed in Bail No.1502 of 2024.A copy of
order dated 12-03-2024 passed in Bail No.1502 of 2024 is being annexed herewith
as Annexure No.-5 to this
affidavit.
22. That the bail application of
the applicant has been rejected by the Additional Session Judge, Court No.-4 Ayodhya
on 11-04-2024 and this is the first bail application of the applicant and no
other bail application is pending before this Hon’ble Court or any other Court.
The certified copy of bail rejection order dated 11-04-2024 is being annexed
herewith as Annexure No.-6 to
this affidavit.
23. That the applicant is liable
to be released on bail.
Dated: 21-05-2024 Deponent
Verification
I the above named deponent do hereby verify that the contents of paras-1,
8, 9, 10, 11, 15, 17, 18, 19, 20,21 of this affidavit are true to the personal
knowledge of the deponent and content of paras- 2 to 7 are true on the basis of
record and contents of paras- 12, 13, 14, 16 & 22 are believed to be on the
basis of legal advice received by the deponent. No part of this affidavit is
false and nothing material has been concealed. So help me God.
Dated: 21-05-2024 Deponent
I, identify the deponent on the basis of record produced by him in the
above noted case who has signed before me.
(VINOD KUMAR PANDEY)
Advocate
Mobile
No.9415381583
AOR No-B/V-0000
Solemnly affirmed before me on ……………… at …… a.m./p.m. by Triloki the deponent who
has been identified by Shri Vinod Kumar
Pandey, Advocate High Court, Lucknow bench, Lucknow.
I,
have satisfied myself by examining the deponent that he understands the
contents of this affidavit which has been read over and explained to him by me.
OATH COMMISSIONER
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