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 IN THE HON'BLE HIGH COURT OF JUDICATURE
AT\ALLAHABAD LKOBENCH LUCKNOW

CRIMINAL MISC. BAIL APPLICATION NO.OF20224

una co
10

APTDAVTT 2012
0204087 TEN AV

Guddu@ Dhirendra Kumar Tiwari aged about 50 years son

of Mahabeer Tewari resident of village and Post Padri Khurd

Police Station Achalganj District Unnao Accused/Applicant.

(in jail since 05.01.2022

Versus

State of U.P. through its Principal Secretary Home,

Civil Secretariat Lucknow. ******

Opposite party.

Affidavit
in support of first bailapplicationn

I, Suresh aged about 36 years son of Ram Bhajan

religion Hindu by caste Brahmin literate doing farming
resident of village & Post Office Kateharu District Unnao
the deponent do hereby solemnly affirm and state on oath
as under

That the deponent is Pairokar of the case and and

er orOar cousin brother as such he is fully conversant with the
facts of the case deposed to hereunder and also has

been authorized to do pairvi of the case on his behalf

 (
That initially a first information report was
lodged on
21.6.2020 at Case Crime No. 161/2020 under sections
323, 307 1.P.C. Police Station Achalganj District
Unnao against the applicant on the doubt. The
true/typed copy of first information report dated
21.6.2020 lodged by informant is being filed herewith as
Annexure No.1 to this Affidavit.

3. That according to the persecution story as alleged is that

complainant I have the honour to say Station Officer. It
is further submitted that Today I Ankit Mishra son of
Radhey Shyam Mishra had gone to feast in his vicinity
Padri Khurd and was sitting Guddu Tewari son of

Mahabeer Tewari all of a sudden he opened fire with

Country made pistol which was missed then he hit with
butt of Katta on his head and stated tried to kill but he
evaded. For kind perusal of this Hon'ble Court the
detailed first information report has already been

annexed hence its ingeminate is not necessary.

4. That the complainant was medically examined by the

doctor on 20.6.2020 at CHC Achalganj District Unnao

which does not support the prosecution story, The copy

of medical examination report is being filed herewith as

Annexure No.2 to this Affidavit.

That the statement under section 161 Cr.P.C. of the

complainant Ankit Mishra was recorded on 21.6.2021

by the Investigating Officer. The true/typed copy of

statement under section 161 Cr.P.C. of the complainant
Ankit Mishra is being filed herewith as Annexure No.33
to this Affidavit.
 6. That the during Investigation the statement under
section 161 Cr.P.C. of the
Dinesh Bajpayee hear say
was recorded on
27.6.2021 by the
Investigating Oficer
The true/typed
copy of statement under section 161
Cr.P.C. of the Dinesh
Bajpayee hear say dated 27.6.2021
is being filed herewith as
Annexure No, 4 to this
Affidavit.

7. That in fact the applicant is innocent and he has never

acted as stated by the opposite party no.2 in the first
information report.

8. That it is pertinent to mention here that regarding the

alleged allegation the complainant himself alongwith the

alleged witnesses namely Uma Shankar Dixit and
Yagya Prasad Dixit submitted their statement on notary
Afidavit on 24.6.2020 mentioning therein that the
accused-applicant is innocent and the impugned first
information report has been lodged on the instigation of
some inimical terms with the accused-applicant and
submitted before the Superintendent of Police Unnao
but this fact has not been considered by the learned
Additional District Judge Unnao during the argument.
To this affect the Affidavits/application submitted by the
complainant and alleged witnesses before the
the
Superintendent of Police Unnao collectively are being
annexed herewith as Annexure No. 5 to this Afidavit.

9. That against the conviction order the deponent had filed

a Criminal Appeal No.386/1993 before this Hon'ble
$S1Oner
For Oath Court which is pending before this Hon'ble Court and
deponent is on bail.To this effect verification of the
All
appellant has been called by this Hon'ble Court through
ourt.
Chief Judicial Magistrate Unnao. The Photo copy of
 notice dated 18.11.2020 issued by the Chief Judicial
Magistrate Unnao alongwith status report is being filed
herewith as Annexure No.6 to this Affidavit.
10 That it is also noteworthy to point out here that the

accused-applicant is suffering from chronic liver disease

at Kanpur in the Gastro

and his treatment is going on

liver Hospital Kanpur supervision of Dr. Vinod

under the
is filing the
Kumar Mishra. To this effect the deponent
Affidavit.
prescription report as Annexure No. 7 to this
of the impugned first
11 That from the bare perusal
information report, no offence is made out against the

applicant.

that applicants never

12. That it is pertinent to mention here

committed such type of offence but he has been falsely

roped in the present case due to instigation of some

with the accused-applicant in the said

inimical terms

harassed
incident so that the accused-applicant may be

3. That the applicant undertakes that he will not directly or

indirectly make any inducement threats or promise to

any persons acquainted with the facts of the case.

for his
14. That ultimately the accused-applicant applied
bail before the Sessions Judge Unnao, but same was
recorded on 05.01.2022 in cursory manner without

certified copy of
application of its judicial mind. The free
bail rejection order dated 05.01.2022 by the learned

Sessions Judge Unnao is being filed herewith as

Annexure No.8 to this Afidavit.

 15. That the applicant shall abide with the terms and
condition whatsoever imposed upon him by this Hon'ble
Court.

16 That the accusation has been made with the object of

injuring or humiliating the applicant.

17. That the accused-applicant is in jail since 05.01.2022

without committing any offence on his part.

18. That in the abvenoted case Chargesheet has bean

submitted by the Investigating Officer in the court

concerned.

19. That the applicant is ready to co-operate in the

Investigation as such he is liable to be released on bail

by this Hon'ble Court.

20. That the applicant has good reputation in the society

that is why he has been implicated in the
present case
only to humiliate him nothing else.

21. That the

accused-applicant is on bail in Criminal Appeal
No.386/1993 which is pending before this Hon ble Court
22. That the applicant will not misuse the liberty granted to
him by this Hon'ble Court in any manner

23. That in view of the above facts

and circumstances thee
applicant deserves to be released
this Hon'ble Court.
on
anticipatory bail by

Lucknow
Deponent
Datedh 2022