IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

*******
INDEX
IN
CRIMINAL MISC. BAIL APPLICATION NO. OF 2019
(Under section 439 Cr.P.C.)
(District-Chandauli)
Karan Dom ……. Applicant
(In Jail Since 17.2.2019)

Versus
State of U.P. ……….. Opp.Party
S.N Particulars Dates Ann. Page
1. Bail Application
2 Affidavit
3 A certified/true copy 17.2.2019 1
of the F.I.R
4 A copy of statement of 18.2.2019 2
informant namely
chinta devi U/s 161
Cr.P.C.
5 A copy of statement of 18.2.2019 3
Murahu Dom U/s 161
Cr.P.C.
6 A copy of statement of 18.2.2019 4
prosecutrix U/s 161
Cr.P.C.
7 A copy of medical 21.2.2019 5
report
8 A copy of Mazeed Bayan 6
of informant
9 A copy of certificate 7
of prosecutrix
10 A true copy of the 21.2.2019 8
statement of
prosecutrix U/s 164
Cr.P.C.
11 A Free copy of the 13.3.2019 9
rejection order.
12 Parcha

Dated. . .2019
(Neeraj Kumar Srivastava)
A/N-0180/12

(Pankaj Kumar)
A/P-0909/14
Advocate
Counsels for the Applicant
Chamber No. 166, New Building
High Court, Allahabad.
Mob.9838606311
 Case Crime No.40 of 2019 U/s
363, 366, I.P.C. P.S.-
Chandauli District-Chandauli

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

*******
In
CRIMINAL MISC. Ist BAIL APPLICATION NO. OF 2019
(Under section 439 Cr.P.C.)
(District-Chandauli)
Karan Dom S/o Khiladi Dom, R/o Ward No.7, Kidwai
Nagar, P.S.-Chandauli, District-Chandauli.
……….. Applicant
(In Jail Since 17.2.2019)

Versus
State of U.P. ……….. Opp.Party.

To,
The Hon’ble the Chief Justice and his other
companion judges of the aforesaid court.
The humble application of the above named
applicant most respectfully showeth as under:

1. That full facts and circumstances of the case have

been stated in the accompanying affidavit which
form part of this application. It is therefore
expedient in the interest of justice that the
applicant may be released on bail in Case Crime
No. 40 of 2019 U/s 363, 366, I.P.C. P.S.-Chandauli
District-Chandauli during the pendency of his
trial before the court below.
PRAYER
It is, therefore, most respectfully prayed that this
Hon’ble Court may graciously be pleased to release the
applicant on bail during pendency of trial of the case
in Case Crime No. 40 of 2019 U/s 363, 366, I.P.C.
P.S.-Chandauli District-Chandauli, during the pendency
of trial before the court below, otherwise the
applicant shall suffer irreparable loss and injury.

Dated. . .2019
(Neeraj Kumar Srivastava)
A/N-0180/12

(Pankaj Kumar)
A/P-0909/14
Advocate
Counsels for the Applicant
Chamber No. 166, New Building
High Court, Allahabad.
Mob.9838606311
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
 *******
AFFIDAVIT
IN
CRIMINAL MISC. BAIL APPLICATION NO. OF 2019
(Under section 439 Cr.P.C.)
(District-Chandauli)
Karan Dom ……. Applicant
(In Jail Since 17.2.2019)

Versus

State of U.P. ……….. Opp.Party.

Affidavit of Khiladi aged

about 41 years S/o Panna R/o
Ward No.8, Kidvai Nagar,
P.S.-Chandauli District-
Chandauli
Religion-Hindu
Occupation- Labourer
(Deponent)

I, the deponent above named do hereby solemnly

affirm and state on oath as Under:

1. That the deponent is father of the applicant in

the above noted case, and is doing pairvi on
behalf of applicant and as such he is fully
acquainted with the facts of the case deposed to
below. The I.D. Proof of the deponent is attached
to this affidavit.

2. That, this is the first bail application on

behalf the applicant before this Hon’ble court in
Case Crime No. 40 of 2019 U/s 363, 366, I.P.C.
P.S.-Chandauli District-Chandauli and no other
bail application is pending before this Hon’ble
court any other court of law..

3. That the applicant is said to be involved in Case

Crime No. 40 of 2019 U/s 363, 366, I.P.C. P.S.-
Chandauli District-Chandauli. It is relevant to
submit here that in regard to incident dated
11.2.2019 the informant namely Chinta Devi W/o
Murahu Dom lodged a F.I.R. dated 17.2.2019
against the applicant in the aforesaid Case crime
number U/s 363, 366 IPC. A certified/true copy of
 the F.I.R dated 17.2.2019 is being filed herewith
and marked as Annexure No. 1 to this affidavit

4. That informant lodged the aforesaid F.I.R. with

the allegation that on 11.2.2019 at about 9 PM
applicant enticed away her daughter aged about 14
years by given the allurement, it is further
alleged that she had tried to best effort for
traced out her daughter but she could not
succeed, later on it came forward that applicant
was solemnized marriage with her daughter. The
rest of the allegation will be quite evident from
the perusal of F.I.R. itself.

5. That in pursuance of the F.I.R. I.O. concerned

started investigation and recorded the statement
of informant namely Chinta devi U/s 161 Cr.P.C.
in which she has improved the prosecution story.
A copy of statement of informant namely chinta
devi U/s 161 Cr.P.C. dated 18.2.2019 is being
filed herewith and marked as Annexure No. 2 to
this affidavit.

6. That thereafter I.O. recorded the statement of

Murahu Dom who is the father of victim U/s 161
Cr.P.C. in which he has supported the version of
his wife by leveling the same allegation. A copy
of statement of Murahu Dom U/s 161 Cr.P.C. dated
18.2.2019 is being filed herewith and marked as
Annexure No. 3 to this affidavit

7. That in furtherance of investigation I.O.

recorded the statement of prosecutrix U/s 161
Cr.P.C. on 18.2.2019. A copy of statement of
prosecutrix U/s 161 Cr.P.C. dated 18.2.2019 is
being filed herewith and marked as Annexure No. 4
to this affidavit.

8. That therefore the medical examination of

prosecutrix has been held on 21.2.2019 at
District Hospital Chandauli but at the time of
victim refused her medical examination by stating
that she did not want to medical examination
because nothing has been done with her. A copy of
medical report dated 21.2.2019 is being filed
herewith and marked as Annexure No. 5 to this
affidavit.
 9. That during the investigation I.O. recorded the
Mazeed bayan of informant. A copy of Mazeed Bayan
of informant is being filed herewith and marked
as Annexure No. 6 to this affidavit.

10. That during the investigation I.O. collected the

certificate of prosecutrix which furnished by the
school authority on 21.2.2019. A copy of
certificate of prosecutrix is being filed
herewith and marked as Annexure No. 7 to this
affidavit.

11. That thereafter the statement of prosecutrix U/s

164 Cr.P.C. recorded before the Court competent
in which she has stated that she attained the
aged about 19 years and on 11.2.2019 some hot
talk exchange between applicant and her mother
resulted that her mother initiate that the
present criminal prosecution against the
applicant (brother in law of victim). A true copy
of the statement of prosecutrix U/s 164 Cr.P.C.
dated 21.2.2019 is being filed herewith and
marked as Annexure No. 8 to this affidavit.

12. That whole prosecution story is false and

frivolous and applicant has been falsely
implicated in the present case.

13. That real facts is that the applicant is

absolutely innocent person and has not committed
the aforesaid alleged offence he has been falsely
implicate in present case.

14. That First Information report has been lodged by

the informant in highly delayed manner and no
plausible reason assigned for delay which itself
create doubts in regard to aforesaid entire
theory of present case.

15. That there is several contradiction appears in

the entire criminal prosecution as well as
statement of prosecutrix U/s 161 and 164 Cr.P.C.

16. That as per the statement of prosecutrix U/s 164

Cr.P.C. itself suggest that entire prosecution
initiated by the informant against the applicant
only for teach a lesson because on 11.1.2019 she
was getting annoyed due to hot talk exchange
between them resulted that in retaliation of the
 same informant launched the present criminal
prosecution.

17. That relation between the applicant and

prosecutrix are Jija and Sali and on the alleged
date while they are using filthy language against
to each other at the point of time victim took
the side of applicant and also had gone with the
applicant at market just at the point of time the
informant very stingily inform the police
concerned and by leveling the aforesaid false
allegation shown the recovery of prosecutrix with
the applicant on 17.2.2019.

18. That under the pressure of her mother victim

stated very astonished allegation against the
applicant by leveling the allegation that she had
gone with the applicant with own free and sweet
will for perform marriage and now she want to
live with her husband.

19. That in her statement U/s 164 Cr.P.C. victim

stated that she attained the aged about 19 years
and she has took the educational qualification in
Class III standard and later on she left the
school, she further stated that she has not aware
her date of birth and on the allege date
11.2.2019 at about 2 PM some hot talk exchange
between applicant (Jija) and her mother due this
reason her mother lodge the present F.I.R.

20. That therefore entire criminal prosecution is

false and frivolous and applicant has been
falsely implicate in the present case by the
informant only for harass and humiliate the
applicant.

21. That so far as the allegation in regard to age of

victim which furnished by the school authority is
not reliable and relevant evidence and reliance
cannot be placed upon the same because victim
herself stated that she attained the aged about
19 years.

22. That prima facie no offence U/s 363, 366 I.P.C.

is made out against the applicant because victim
is full grown lady and her aged about 19 years
therefore she is able to understand everything
which wrong or right.
23. That applicant is married person having two
child, therefore no any question arises for
second marriage of her Sali, even then he has
falsely implicate by the informant by leveling
the aforesaid absurd allegation between Jija and
Sali.

24. That applicant has been languishing in Jail since

17.2.2019 without any delinquency.

25. That applicant has clean antecedent person and

has no criminal history in past except the
present false case.

26. That applicant applied his bail application and

same has been illegally rejected by the District
and Session Judge Court Chandauli on 13.3.2019. A
Free copy of the rejection order dated 13.3.2019
is being filed herewith and marked as Annexure
No. 9 to this affidavit.

27. That learned court below while rejected the bail

application of the applicant draw wrong
inference in regard to age of victim and only
really on the fake certificate of victim which
informant produce during the investigation in
which her date of birth mentioned, therefore only
on the sole ground court below rejected the bail
application of applicant in very casual manner.

28. That applicant is very poor person and by doing

the labourer work any how survive but due to
false case he has languishing in Jail since very
long time.

29. That there is no direct or indirect evidence of

the applicant except the interested witnesses,
which demonstrate that applicant committed the
alleged offence.

30. That there is no chance of absconding or

tempering with the witnesses if he would be
released on bail during the pendency of trial in
the court below.

31. That applicant undertakes that he will never

misused the liberty of bail and cooperate with
 the trial, hence he is liable to be released on
bail.

32. That from the facts and circumstances mentioned

in the accompanying affidavit it is necessary and
expedient in the interest of justice that this
Hon’ble Court may graciously be pleased to
release the applicant on bail in Case Crime No.
40 of 2019 U/s 363, 366, I.P.C. P.S.-Chandauli
District-Chandauli during the pendency of trial
before the court below, otherwise the applicant
shall suffer irreparable loss and injury.

I, the deponent above named do hereby verify

that the contents of paragraph no.
……………………………………………………………….…….…………… of this
affidavit are true to my personal knowledge and
the contents of paragraph no.
…………………………………………………………………….…………. of the affidavit
are based on records, and the contents of
paragraph no. ………………………………………………………….. of the
affidavit are based on legal advice, and all I
believe to be true that no part of this affidavit
is false and nothing material has been concealed
in it.
So Help me God.
(Deponent)
I, Pankaj Kumar, Advocate, High Court, Allahabad
do hereby declare that the person making this
affidavit and alleging himself to be the deponent is
known to me from the papers produced by him in this
case.
Advocate.

Solemnly affirmed before me on this .. th day of

April 2019 at about --- A.M./P.M. by the deponent, who
has been identified by the aforesaid Advocate.
I have satisfied myself by examining the deponent
that he has under stood the contents of this
affidavit, which have been read over and explained to
him. Oath Commissioner.
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
*******
ANNEXURE NO.
IN
CRIMINAL MISC. BAIL APPLICATION NO. OF 2019
(Under section 439 Cr.P.C.)
 (District-Chandauli)

Karan Dom ……. Applicant

(In Jail Since 17.2.2019)

Versus

State of U.P. ……….. Opp.Party