Code No.

:401508
Group- Bail
District- Sultanpur

IN THE HON’BLE HIGH COURT JUDICATURE AT

ALLAHABAD LUCKNOW BENCH, LUCKNOW:

CRIMINAL MISC. CASE NO. 10398 Of 2022

Shamsher Yadav aged about 35 years, son of Mr. Vasudev, resident of

village Sadhapur Police Station Chanda, District – Sultanpur.
…...Applicant/Accused
(In jail since 13.12.2016)
Versus
State of U.P. ……….Opposite
Party

INDEX

SL.NO. PARTICULARS PAGES

1. First bail application
2. Affidavit in support of the first bail application. 1-9
3. Annexure No. 1:
The typed copy of first information report dated 10-14
28.10.2016 lodged by the informant.
4. Annexure No. 2: 15-20
The true/typed copy of the inquest report.
5. Annexure No. 3:
The true/typed copy of post mortem report dated 21-27
30.10.2016.
6. Annexure No. 4:
The true/typed copy of the statement under Section 28
161 of Cr.P.C. of the informant.
7. Annexure No. 5:
The true/typed copy of recovery memo statement of 29-32
the under section 161 of Cr.P.C. of the co-accused
Vinod Yadav recorded by the Investigating Officer.
8. Annexure No. 6:
The true/typed copy of additional statement of the 33
informant recorded under Section 161 of Cr.P.C. by
the Investigating Officer.
9. Annexure No. 7:
The true/typed copy of the statement of the Sub 34-35
Inspector Mr. Dinesh Kumar Singh under Section
161 Cr.P.C.
10. Annexure No. 8:
The true/typed copy of the statement of Mr. Babloo 36
Yadav recorded under Section 161 of Cr.P.C.
11. Annexure No. 9:
The photocopy of bail order s dated granted by the 37-55
court concerned.
12. Annexure No. 10:
The free certified copy of bail rejection order dated 56-58
27.5.2021 by learned Additional District & Session
Judge in Court No. 10 Sultanpur.
13. Identity card 59
14. Memo 60

Lucknow: (Satyendra Nath Mishra)

Dated: 25-08-2021 Advocate

Counsel for the Applicant

A.O. No. B/S 1894

Mobile No. 752487876

Case Crime No. 823/2016

Under Section 302, 394 of
I.P.C.
Police Station: Amethi
District: Amethi

IN THE HON’BLE HIGH COURT JUDICATURE AT

ALLAHABAD LUCKNOW BENCH, LUCKNOW:

CRIMINAL MISC. CASE NO. 10398 Of 2022

Shamsher Yadav aged about 35 years, son of Mr. Vasudev, resident of

village Sadhapur Police Station Chanda, District – Sultanpur.
…...Applicant/Accused
(In jail since 13.12.2016)
Versus
State of U.P. ……….Opposite
Party

Case Crime No. 823/2016

Under Section 302, 394 of I.P.C.
Police Station: Amethi
 District: Amethi
Bail application No. 956 of 201
of the applicant has been rejected
by the Additional District and
Session Judge, Court No. 10
Sultanpur vide order dated 27-05-
2019.

SECOND BAIL APPLICATION UNDER SECTION-439 OF Cr.P.C.

To,

The Hon’ble the Chief Justice and His other Hon’ble Companion Judges
of the aforesaid High Court.

The applicant named above, most humbly submits as under:-

For the facts, reasons and circumstances stated in the

accompanying affidavit, it is most respectfully prayed that the above-
named applicant may kindly released the accused applicant in the Case
Crime No. 823/2016, under Sections 302,394 of I.P.C.

Lucknow: (Satyendra Nath Mishra)

Dated: 25/08/2021 Advocate
Counsel for the Applicant
NOTE: 1st bail application was
rejected by Hon’be Justice Rajiv
Singh

In the Hon’ble High Court for the State of Uttar Pradesh

Sitting at Lucknow
Criminal Misc. Case No. Of 2022 (A Bail)
Shamsher Yadav ….. Applicant/Accused
(In jail since 13.12.2016)
Versus
State of U.P. ……….Opposite Party

AFFIDAVIT

(IN SUPPORT OF SECOND BAIL APPLICATION

U/S- 439 Cr.P.C. )

I, Virendra Yadav aged about 36 years, S/o-. Vasudev, R/o

Village Sadhapur, District- Sultanpur, Religion- Hindu,
Qualification- Literate, Occupation- Agriculture, do hereby
solemnly affirm and state on oath as under:

1. That the deponent is the Pairokar of the case and elder brother of
the accused-applicant and has been authorized by the applicant to
defend the case on his behalf and also to swear this affidavit in the
present case as such he is fully conversant with th4 facts of the
case deposed to hereunder.

2. That this is the second bail application of the accused-applicant,

and before this the first bail was rejected by this Hon’ble Court via
order dated 22-09-2021 passed by the Hon’ble court, and the copy
the same order dated 22-09-2021 is filed under Annexure No. 1 to
this affidavit.

3. That initially a first information report has been lodged by the

informant registered on 28.10.2016 at Case Crime No. 823/2016,
under Section 302 of I.P.C., Police Station Amethi. Alleging
therein that informant’s father closed the sweet shop and was
returning to his house on 28.10.2016 at 8.30 p.m., and while he
was on the way near Purey Digirihan some unknown people
assaulted his father with knife, and soon thereafter the incident the
informant got information about the incident and injured father
was brought at the Hospital by the informants, and while he was
undergoing treatment he died. The typed copy of the first
 information report dated 28.10.2016 lodged by the informant is
being filed herewith as Annexure No. 2 to this affidavit.

4. That thereafter Investigating Officer reached the crime area, and

after conducting the enquiry prepared the inquest report. The
true/typed copy of the inquest report is being filed herewith as
Annexure No. 3 to this affidavit.

5. That post mortem of the deceased was conducted on 30.10.2016 by

the doctor and in this post mortem report cause of death has been
shown to be shock and hemorrhage as a result of ante mortem
injury. The true/typed copy of the post mortem report dated
30.10.2016 is being filed herewith as Annexure No. 4 to this
affidavit.
6. That the statement under Section 161 Cr.P.C. of the informant was
recorded by the investigating officer. In his statement he has not
raised any suspicion upon the applicant. The true/typed copy of the
said statement under Section 161 Cr.P.C. of the informant is being
filed herewith as Annexure No. 5 to this affidavit.
7. That the police have arrested to the co-accused Vinod Yadav on
20.11.2016 has shown recovery of country made pistol 12 Bore
two live cartridges and Motor Cycle with the brand named as TVS
Sport with No. U.P. 36-9282 and knife used in the commission of
the offence from the pointing out of co-accused before the police
in his extra judicial confessions and also disclosed the name of the
accessed-applicant. The true/typed copy the recovery memo
statement under Section 161 of Cr.P.C. of the co-accused Vinod
Yadav recorded by the Investigation Officer is being filed herewith
as Annexure No. 6 to this affidavit.
8. That on 19.12.2016 the additional statement of the informant was
recorded under Section 161 of Cr.P.C. by the Investigating officer.
The true/typed copy of the same has been collectively filed under
Annexure No. 7 to this affidavit.
9. That the police have exonerated the name of the accused person
namely Nitin Yadav and applicant has been made accused without
any evidence.

10. That on 19.12.2016 the Investigating officer has recorder the

statement under Section 161 of Cr.P.C. of Mr. Dinesh Kumar Singh
at Case Crime No. 190 of 2016, and as per Section 3/25 of Arms
Act, at Police Station Motigarpur, District: Sultanpur. The
true/typed copy of the same has been filed under Annexure No. 8
to this Affidavit.

11. That on 23.12.2016 after a gap of about 2 months from the

statement under Section 161 of Cr.P.C. of Mr. Babloo Yadav was
recorded by the Investigating officer. The true/typed copy of the
same is filed under Annexure No. 9 to this affidavit.

12. That the applicant is not named in the first information report and
his name has been included in the extra-judicial confessions before
the police.

13. That the police has falsely included the applicant in this case just
for the purpose of solving this case of murder, which would have
remained unsolved due to reasonable doubt.

14. That the applicant does not belongs to any gang of thieves and the
applicant has never been with the co-accused person.

15. That nothing incrementing has been recovered from the pointing
out of the applicant.

16. That the applicant has no motive behind the crime and the
applicant has been falsely roped in the present case. Moreover,
there are concrete evidence against the applicant.

17. That the incident is neither supported by any independent eye

witness, and nor it is supported by the post mortem report in any
manner.
18. That the accused/applicant has been implicated in the present
criminal case merely on the basis of suspicion and for the reasons
of village rivalry.

19. That the first information report has been lodged after an
unreasonably long time and with full consultation without any
explanation for the same.

20. That the prosecution was produced before the court before, and has
the criminal history of 6 cases out of which the applicant has been
granted bail, the details of which are given hereunder.

21. That the applicant has no criminal history and he is ready and
willing to accept any other condition as may be imposed by the
court in connection with the instant case.

22. That there are have been thirteen cases against the accused-
applicant.

i. Case Crime No. 282/2016 under sections 392,411 I.P.C.;

Police Station: Jaisinghpur; District: Sultanpur.
ii. Case Crime No. 202/2016 under sections 392,411 I.P.C,;
Police Station: Jaisinghpur; District: Sultanpur.
iii. Case Crime No. 295/2016 under sections 392,411 I.P.C.;
Police Station: Jaisinghpur; District: Sultanpur.
iv. Case Crime No. 163/2016 under sections 392,411 I.P.C.;
Police Station: Motigarpur; District: Sultanpur.
v. Case Crime No. 144/2016 under sections 392 I.P.C.;
Police Station: Jaisinghpur; District: Sultanpur.
vi. Case Crime No. 273/2016 under sections 394,411 I.P.C.;
Police Station: Kurwar; District: Sultanpur.
vii. Case Crime No. 652/2016 under sections 392,504,506
I.P.C.; Police Station: Gauriganj; District: Amethi.
viii. Case Crime No. 352/2016 under sections 3,25 Arms Act;
Police Station: Chanda; District: Sultanpur.
ix. Case Crime No. 155/2016 under sections 392 I.P.C.;
Police Station: Baldirai; District: Sultanpur.
 x. Case Crime No. 14/2014 under sections
346,302,201,352, 506,384,128-B of I.P.C. & 3,4 of Pocso
Act; Police Station: Chanda; District: Sultanpur.
xi. Case Crime No. 123/2016 under sections 394,411 I.P.C.;
Police Station: Chanda; District: Sultanpur.
xii. Case Crime No. 285/2016 under sections 394 I.P.C.;
Police Station: Kurwar; District: Sultanpur.
xiii. Case Crime No. 293/2016 under sections 394,411 I.P.C.;
Police Station: Jaisingpur; District: Sultanpur.

23. That when the applicant surrendered himself in Case Crime No.
123/2016 under sections 394,411 I.P.C, and sent in jail thereafter
the police after taking him on remand all cases have been roped
upon the applicant.
24. That the accused-applicant is a poor person and he hold the
liability of livelihood of family members and he is languishing in
jail since 13.12.2016.
25. That the witnesses are told about the incident after much delay
which shows serious doubts and they have deposed against the
applicant only for the purposed of false implication.
26. That the trial is going on and P.W. 3 has been appeared and cross
examination is going on.
27. That the applicant has a permanent residence and there is no
chance of absconding nor tampering with the prosecution
witnesses and he is ready to file reliable sureties if the is being
granted bail by this Hon’ble Court.
28. That it is pertinent to mention here even today the identification of
the applicant has not been conducted by the police personnel.
29. That the accused-applicant applied for his bail before the learned
Additional District & Session Judge in Court No. 10 Sultanpur
which was rejected in cursory manner on 27.05.2019 without
application of judicial mind. The free certified copy of bail
rejection order dated 27.05.2021 has been placed under Annexure
No. 11 to this affidavit.
30. That it is pertinent to mention here that due to poverty, the
applicant could not arrange the fund for moving this bail
 application before this Hon’ble Court any how applicant arrange
the fund for filing the instant bail application and dame is being
filed.
31. That in the light of the aforesaid facts and circumstances the
accused-applicant deserves to be released on bail by this Hon’be
Court.

Lucknow
Dated: 18/08/2021 Deponent

Verification

I, the above named deponent, do hereby verify that the contents of

paragraphs 1 to 31 of this affidavit are true to my knowledge No part
of it is false and nothing material has been concealed. So help me God.

Lucknow
Dated:18/08/2021 Deponent

I, identify the deponent who has signed before me.

Advocate

Solemnly affirmed before me today on 18/08/2021 at 1:45 a.m. by

deponent Virendra Yada, who has been identified by Shri Satyendra
Nath Mishra, Advocate High Court, Lucknow, Reg. No. 05666/2013
AOR NO. B/S, Mobile No. 7524878769
I have satisfied myself by examining the deponent that he under-
stands the contents of this affidavit which have been read over and ex-
plained to him by me.

Oath Commissioner.