Case Crime No.

541 of 2015,
Under Section 3(1) U.P.
Gangster Act, Police
Station Majhola, District
Moradabad.

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

********
CRIMINAL MISC. BAIL APPLICATION NO. OF 2016
(Under Section 439 of Cr.P.C.)
DISTRICT: MORADABAD

Abid son of Shabbir,

Resident of Panju Sarai, Police Station
Naugawa Sadad, District Amroha.
……………………………….Applicant
(In jail since 11.07.2015)

Versus
State of U.P. ……….Opposite Party

To,

The Hon’ble the Chief Justice and His Other

companion Judges of the aforesaid court.

The humble application on behalf of the

above named applicant Most Respectfully states

as under:-

1. That the full facts and circumstances of the

case have been given in the accompanying

affidavit which may also be treated as part

of this application.
 PRAYER

It is, therefore, Most Respectfully

Prayed that this Hon’ble court may
graciously be pleased to release the
applicant on bail in Case Crime No. 541 of
2015, Under Section 3(1) U.P. Gangster Act,
Police Station Majhola, District Moradabad
during pendency of the trial before the
learned court below, otherwise the applicant
shall suffer an irreparable loss and injury.

Dated: .05.2016 (RAJESH YADAV)

Adv. A/R-0497/2012
Counsel for the Applicant,
Seat No. 5, North Veranda
of Bar Library, High Court,
Allahabad. Mobile No.
09415239470.
 IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

*********
AFFIDAVIT
IN
CRIMINAL MISC. BAIL APPLICATION NO. OF 2016
(Under Section 439 of Cr.P.C.)
DISTRICT: MORADABAD
Abid ……………………………….Applicant
(In jail since 11.07.2015)
Versus
State of U.P. ……………………Opposite Party

Affidavit of Sunil Kumar aged

about 37 years son of Suraj
Bhan, Resident of Shiv Mangal
Mandir, Police Station-Katghar,
District Moradabad. Relation-
Friend, Occupation-Private Job,
Religion-Hindu.
(Deponent)

I, the deponent above named do hereby

solemnly affirm and states on oath as under:-

1. That the deponent is friend of the applicant

and doing pairavi on his behalf in the above
mentioned case and as such he is fully
acquainted with facts deposed below.

2. That this is the first bail application on

behalf of the applicant before this Hon’ble
Court and as such no bail application is
 pending either before this Hon’ble Court or
in any Hon’ble Court.

3. That the applicant is in custody in

connection with Case Crime No. 541 of 2015,
Under Section 3(1) U.P. Gangster Act, Police
Station Majhola, District Moradabad.

4. That the Station Officer of police station

Majhola, District Moradabad lodged a first
information report on 28.08.2015 against the
applicant and three others on the basis
four criminal cases. For kind perusal of
this Hon’ble Court a true as well as
certified copy of the first information
report dated 28.08.2015 is being filed and
marked as Annexure No. 1 to this affidavit.

5. That the police personal of Police Station

Majhola, District Moradabad prepared a gang
chart in which applicant has shown at serial
No. 1 and against him four cases has been
shown by the police, the same was
recommended by the District Magistrate,
Moradabad and Senior Superintendent of
Police, Moradabad. For kind perusal of this
Hon’ble Court the photo stat copy of the
gang chart is being filed and marked as
Annexure No. 2 to this affidavit.

6. That according to first information report

as well as gang chart the applicant is
shown/involved in four cases, (i) Case Crime
410/2015, Under Sections 392, 411, 342, 504,
420, 467, 468, 471 I.P.C., police station
Majhola, District Moradabad (ii) Case Crime
412/15, Under Sections 392, 364, 504, 506,
 411, 420, 467, 468, 471 I.P.C., police
station Majhola, District Moradabad (iii)
Case Crime 102/2015, Under Sections 392, 411
I.P.C., police station Kotwali, District
Moradabad (iv) Case Crime 258/2015, Under
Sections 394, 411 I.P.C., police station
Pakbada, District Moradabad, in all cases
the applicant has already been released on
bail vide orders dated 14.09.2015,
15.03.2016, 16.09.2015 and 03.11.2015. For
kind perusal of the Hon’ble Court the photo
stat copies of the bail orders dated
14.09.2015, 15.03.2016, 16.09.2015 and
03.11.2015 passed by this Hon’ble Court as
well as learned court below are collectively
being filed and marked as Annexure No. 3 to
this affidavit.

7. That the applicant has been falsely

implicated in the above noted case.

8. That the applicant was not involved in any

case but he has falsely implicated.

9. That the applicant is innocent, he has

committed no offence whatsoever he was
falsely implicated in the aforesaid case.

10. That the applicant applied for bail before

the learned court below but the same was
wrongly rejected by learned Special
Judge(Gangster Act)/Additional Sessions
Judge, Court No. 5, Moradabad vide order
dated 23.05.2016. A free copy of the bail
rejection order dated 23.05.2016 is being
filed and marked as Annexure No. 4 to this
affidavit.
11. That the applicant is in jail since
11.07.2015.

12. That in view of the facts and circumstances

as stated above, it is expedient and
necessary in the interest of justice that
this Hon’ble Court may kindly be pleased to
release the applicant on bail in Case Crime
No. 541 of 2015, Under Section 3(1) U.P.
Gangster Act, Police Station Majhola,
District Moradabad during pendency of the
trial before the learned court below,
otherwise the applicant shall suffer an
irreparable loss and injury.
I, the deponent above named do hereby
verify that the contents of the paragraph
nos. of this
affidavit are true to my personal knowledge;
those of contents of the paragraph nos.
of this affidavit are
true to based on perusal of records; those
of the contents of the paragraph nos.
of the affidavit are true to legal
advise; those of the contents of the
paragraph nos. of the affidavit
are true to information; which all I believe
to be true that no part of it is false and
nothing material has been concealed herein.
So help me God.

Deponent

I, Rajesh Yadav, Advocate, High Court,

Allahabad, do hereby declare that the person
making this affidavit and alleging himself
to be deponent is the same person and he is
known to me from perusal of the records;
which has been produced before me in this
case.

Advocate
Solemnly affirmed before me on this
……th day of May, 2016 at about A.M.
/P.M. by the deponent who has been
identified by the aforesaid person.

I have satisfied myself by examining

the deponent that he understands the
contents of this affidavit, which has been
read over and explained to the deponent to
the deponent by me.
OATH COMMISSIONER
 IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
*******
I N D E X
IN
CRIMINAL MISC. BAIL APPLICATION NO. OF 2016
(Under Section 439 of Cr.P.C.)
DISTRICT: MORADABAD
Abid ……………………………….Applicant
(In jail since 11.07.2015)
Versus
State of U.P. ……………………Opposite Party
Sl. Particular of the Dates Ann. Pages
No. Papers.
1 Criminal Misc. Bail,
Application. U/s 439
of the Cr.P.C.
2 Affidavit in support of
bail application with
identity proof.
3 A true as well as 28.08.2015 1
photo stat copy of the
first information
report
4 The photo stat copy of 2
the gang chart.
5 The photo stat copies 14.09.2015 3
of the bail orders 15.03.2016
passed by this Hon’ble 16.09.2015
Court as well as 03.11.2015
learned court below.
6 A free copy of the bail 23.05.2016 4
rejection order.
7 Parcha.

Dated: .05.2016 (RAJESH YADAV)

Adv. A/R-0497/2012
Counsel for the Applicant,
Seat No. 5, North Veranda
of Bar Library, High Court,
Allahabad. Mobile No.
09415239470.
 IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
*******
ANNEXURE NO.
IN
AFFIDAVIT
IN
CRIMINAL MISC. BAIL APPLICATION NO. OF 2016
(Under Section 439 of Cr.P.C.)
DISTRICT: MORADABAD
Abid ……………………………….Applicant
(In jail since 11.07.2015)
Versus
State of U.P. ……………………Opposite Party
__________