IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

*******
INDEX
IN
CRIMINAL MISC. BAIL APPLICATION NO. OF 2020
(Under section 439 Cr.P.C.)
(District-Pilibhit)
Rajeshwari ……. Applicant
(In Jail Since 08.10.2020)
Versus
State of U.P. ….. Opp. Party
S.N Particulars Dates Ann. Page
1. Bail Application
2 Affidavit in support
of bail application
along with Declaration
& ID proof
3 A certified/true copy 7.10.2020 1
of the F.I.R
4 A copy of injury 6.10.2020 2
report
5 A true copy of the 6.10.2020 3
inquest report of
deceased
6 A true copy of the 7.10.2020 4
post mortem report of
deceased
7 A copy of site plan 5
8 A copy of statement of 15.10.2020 6
informant U/s 161
Cr.P.C.
9 A copy of statement of 15.10.2020 7
Sripal Gangwar S/o
Khem Karan Lal,
Hardwari Lal S/o Tej
Ram, Ram saran S/o
Noni Ram and Babu Ram
S/o Budhsen U/s 161
 Cr.P.C.
10 A copy of application 16.7.2020 8
moved by the Pooja
before Inspector
Incharge Prior to
alled incident.
11 A copy of application 17.10.2020 9
moved by the deceased
Mother.
12 A copy of F.I.R. 7.10.2020 10
lodged by the Father
of the deceased
against the informant
and her husband.
13 A copy of the final 8.11.2020 11
report no.155/2020.
14 A copy of affidavit 29.10.2020 12
filed by the Mother
and Father of the
deceased before
superintendent of
police Pilibhit.
15 A Free copy of the 17.12.2020 13
rejection order of the
applicant.
16 Parcha

Dated.14.12.2020
(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 Number- 508/2020

U/s 147, 148, 149, 307, 302,

452, 323, 504, 506, 447, 427

I.P.C. police Station-

Bisalpur District-Pilibhit

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

*******
In
CRIMINAL MISC. Ist BAIL APPLICATION NO. OF 2020
(Under section 439 Cr.P.C.)
(District-Pilibhit)

Rajeshwari wife of Omkar Resident of Village- Bannahi,

Police Station Bisalpur, District- Pilibhit.

……. Applicant

(In Jail Since 8.10.2020)

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.508/2020 U/s 147,

148, 149, 307, 302, 452, 323, 504, 506, 447, 427
I.P.C. P.S.-Bisalpur District-Pilibhit, 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 Number- 508/2020 U/s 147, 148, 149, 307,

302, 452, 323, 504, 506, 447, 427 I.P.C. P.S.-

Bisalpur District-Pilibhit, during the pendency of

trial before the court below, otherwise the applicant

shall suffer irreparable loss and injury.

Dated.14.12.2020
(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. Ist BAIL APPLICATION NO. OF 2020
(Under section 439 Cr.P.C.)
(District-Pilibhit)
Rajeshwari ……. Applicant

(In Jail Since 8.10.2020)

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

Affidavit of Shri Ram aged

about 46 years S/o Babu Ram
R/o Village-Nasrullapur,
Post-Amra Karor, Nasrullapur,
Amra, Karoor, District-
Pilibhit
Religion-Hindu
Occupation- Farming
Aadhar No.4420 5391 4770
Mobile Number-8433480534
(Deponent)
I, the deponent above named do hereby solemnly

affirm and state on oath as Under:

1. That the deponent is the Jija 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.
1. That, this is the first criminal misc. bail
application on behalf the applicant before this
Hon’ble court in Case Crime No. 508/2020 U/s 147, 148,
149, 307, 302, 452, 323, 504, 506, 447, 427 I.P.C.
P.S.-Bisalpur District-Pilibhit, and no other bail
application is pending before this Hon’ble court any
other court of law.
2. That the applicant is said to be involved in the Case
Crime No. 508/2020 U/s 147, 148, 149, 307, 302, 452,
323, 504, 506, 447, 427 I.P.C. P.S.-Bisalpur
District-Pilibhit. It is relevant to submit here that
 informant namely Smt. Rekha Rani W/o Rajeshwar prasad
lodged the First information report against the seven
persons including the applicant on 7.10.2020 at about
10:47 AM related to incident dated 6.10.2020 which
occurred at about 5:30 PM under the aforesaid section
in Case Crime No.508/2020. A certified/true copy of
the F.I.R dated 7.10.2020 is being filed herewith and
marked as Annexure No.1 to this affidavit
3. That informant lodged the aforesaid F.I.R. with the
allegation that on 6.10.2020 at about 5:30 PM the
applicant and other co-accused came with Arms and with
others things for grab the house in question and by
broken the Gate they started maarpeet with her by
using the abusive language.

4. That it is further alleged that while informant raised

objection then they open the fire resulted that one
Pawan sustained gunshot injury therefore on the sound
of fire some persons came their thereafter that the
applicant and other accused escaped from there by
given the threatening for dire consequences, the rest
of the allegation will be quite evident from the
perusal of first information report itself.

5. That after aforesaid alleged incident the informant

namely Rekha Devi and her husband Rajeshwar Prasad was
said to be medically examined on 6.10.2020 in which
doctor given the opinion that injuries are simple in
nature caused by Hard and Blunt object. A copy of
injury report dated 6.10.2020 is being filed herewith
and marked as Annexure No.2 to this affidavit

6. That in pursuance of the aforesaid F.I.R. the police

concerned of P.S.-Bisalpur prepared inquest report of
deceased namely Pawan on 6.10.2020 and thereafter sent
the body for Autopsy. A true copy of the inquest
report of deceased dated 6.10.2020 is being filed
herewith and marked as Annexure No.3 to this affidavit
7. That after the aforesaid process the I.O. sent the
dead body of deceased for post mortem at District
Hospital Pilibhit on 7.10.2020 where at about 3:30 PM
doctor conducted the post mortem of deceased and given
the opinion that cause of death Shock and hemorrhage
as a result of firearm injury and handed over to
concerned constable. A true copy of the post mortem
report of deceased dated 7.10.2020 is being filed
herewith and marked as Annexure No.4 to this affidavit

8. That therefore I.O. prepared site plan on 15.10.2020

where the aforesaid incident has been occurred on
6.10.2020. A copy of site plan is being filed herewith
and marked as Annexure No.5 to this affidavit.

9. That in furtherance of the First Information report

the Investigating Officer recorded the statement of
informant namely Rekha devi and her husband Rajeshwari
Prasad U/s 161 Cr.P.C. dated 15.10.2020 in which they
have repeated the version of F.I.R. and also improve
the prosecution story by leveling the additional
thing. A copy of statement of informant U/s 161
Cr.P.C. dated 15.10.2020 is being filed herewith and
marked as Annexure No.6 to this affidavit.

10. That thereafter, investigating officer recorded

the statement of Sripal Gangwar S/o Khem Karan Lal,
Hardwari Lal S/o Tej Ram, Ram saran S/o Noni Ram and
Babu Ram S/o Budhsen U/s 161 Cr.P.C. on 15.10.2020, in
which they have also repeated the version of F.I.R. A
copy of statement of Sripal Gangwar S/o Khem Karan
Lal, Hardwari Lal S/o Tej Ram, Ram saran S/o Noni Ram
and Babu Ram S/o Budhsen U/s 161 Cr.P.C. on 15.10.2020
are being collectively filed herewith and marked as
Annexure No.7 to this affidavit.

11. That I.O. has also recorded the statement of

several independent witnesses who are stated the
hearsay story regarding the aforesaid incident as well
 as other witnesses but instead of repetitive version
of F.I.R. nothing has been came forward to
substantiate the prosecution story.

12. That perhaps of the knowledge of the deponent

investigation in present case is going on.

13. That entire prosecution story is false and frivolous

and applicant has been falsely implicated in the
present case without any delinquency.

14. That real fact is that applicant has not committed the
alleged offence and nor committed maarpeet neither
used the stigmatized language with the informant and
her husband actually on the alleged date the applicant
and her family member along with deceased Pawan went
at the house in question which was also purchased by
the applicant through registered sale deed dated
15.7.2020 from Sripal Gangwar, only for requested for
vacant her house but at the point of time the
informant and her husband along with other persons who
are also present there started abusive language in the
meanwhile the husband of the informant open fire upon
the deceased in very close distance, resulted that
deceased Pawan sustained gunshot injury and fell down.

15. That one thing very relevant to point out here that
prior to aforesaid incident the applicant has also
approach the In charge Inspector Kotwali Bisalpur,
Pilibhit by way of application dated 16.7.2020 upon
which Station House Officer Bisalpur has also endorse
that for restrain the illegal encroachment which
itself reveals that the informant and her family
members in preplanned manner firstly grab the house in
question and while applicant and other requested for
vacant the same in the Panchayat which going on
alleged date, then husband of the informant is very
aggressive manner assassinate the deceased by open the
fire very close distance. A copy of application dated
 16.7.2020 is being filed herewith and marked as
Annexure No.8 to this affidavit.

16. That after the death of Pawan Kumar who is the

deceased in the present case Seeta @ Geeta Devi W/o
Umesh @ Upendra and moved complaint through IGRS dated
17.10.2020 by stating that on 6.10.2020 the informant
and her husband assassinate her son. A copy of
application dated 17.10.2020 is being filed herewith
and marked as Annexure No.9 to this affidavit.

17. That after the death of deceased Pawan his father

Umesh @ Upendra Kumar has also lodged a First
Information report against the informant and her
husband along with unknown person which registered in
Case Crime No.509/2020 U/s 302/34 I.P.C. P.S.-Bisalpur
District-Pilibhit dated 7.10.2020. A copy of F.I.R.
dated 7.10.2020 is being filed herewith and marked as
Annexure No.10 to this affidavit.

18. That from the bare perusal of application which moved

by the deceased mother as well as first information
report lodged in Case Crime No.509/2020 apparently
contained the version that informant and her husband
assassinate the deceased by firearm even then the
concerned investigating officer in very astonished
manner conducted the investigation one sided under the
influence of informant and later on submitted the
final report no.155/2020 dated 8.11.2020 by stating
that the accused are not indulge in the aforesaid Case
Crime No.509/2020. A copy of the final report
no.155/2020 dated 8.11.2020, is being filed herewith
and marked as Annexure No.11 to this affidavit.

19. That investigating officer recorded the statement of

deceased parent on 21.10.2020 in which I.O. stated the
same version of first information report under the
influence of informant and while the parents of
deceased came to know about the statement which was
 recorded by the I.O. on the wish and desire of
informant, then the mother and father of deceased
approach the superintendent of police pilibhit by way
of filing the affidavit dated 29.10.2020 stating
therein the husband of informant open fire upon his
son from very close distance. A copy of affidavit
dated 29.10.2020 is being filed herewith and marked as
Annexure No.12 to this affidavit.

20. That from the perusal of evidences as well as facts

and circumstances itself indicate that investigating
officer concerned acting under the influence of
informant during conducting the investigation of case
in Case Crime No. 509/2020 and frequently submission
of final report in very short time itself suggest that
conduct of investigating officer, so reliance cannot
be placed on the material which collected by the I.O.
prior to submission of final report.

21. That one thing also very relevant to point out here
that the post mortem report of the deceased contained
that the deceased sustained the gun shot injury from
very closed distance which caused by the informant
husband but only for save the skin of informant side
the investigating officer very stingily and tampered
the evidences and very sagaciously played with the
facts and circumstances of the case by made the
fanciful story that during the firing from the
applicant side co-incidentally the deceased came in
front of informant husband and sustained the gunshot
injury and died.

22. That in the post mortem report blackening, tattooing,

burning & charring came forward which suggest that
firearm used by the informant husband in very shortest
distance for assassinate the deceased, therefore how
it is probable that in between short distance any
person came forward, but under the influence of
 informant the investigating officer exonerated the
informant and her husband by implicating the applicant
and her family member in the present case.

23. That entire episode itself demonstrate that

investigating officer made best effort for save the
skin of informant and her husband and lastly, he has
succeeded for exonerating the real culprits.

24. That applicant applied his bail application and same

has been illegally rejected by the Session Judge,
Pilibhit on 4.12.2020. A Free copy of the rejection
order dated 4.12.2020 is being filed herewith and
marked as Annexure No. 13 to this affidavit.

25. That the applicant has clean antecedent person and

having no criminal history in past except the present
case.

26. That applicant has been languishing in Jail since

08.10.2020.

27. That there is no direct or indirect evidence of the

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

28. 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.

29. That applicant undertakes that he will never misuse

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

30. 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 Crime No.508/2020 U/s 147, 148, 149, 307, 302, 452,
323, 504, 506, 447, 427 I.P.C. P.S.-Bisalpur
District-Pilibhit, 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.
(De
ponent)
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.
A/P-0909/14

Solemnly affirmed before me on this. th day of

December 2020 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. Ist BAIL APPLICATION NO. OF 2020
(Under section 439 Cr.P.C.)
(District-Pilibhit)
Pooja ……. Applicant
(In Jail Since 8.10.2020)
Versus
State of U.P. ……….. Opp. Party
 IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
**************************
DECLARATION
On Behalf of Applicant
IN
CRIMINAL MISC. Ist BAIL APPLICATION NO. OF 2020
(Under section 439 Cr.P.C.)
(District-Pilibhit)
Rajeshwari ……. Applicant
(In Jail Since 8.10.2020)
Versus
State of U.P. ……….. Opp. Party

**************************
The deponent in the present Criminal Misc. Bail
Application namely Shri Ram aged about 46 years S/o
Babu Ram R/o Village-Nasrullapur, Post-Amra Karor,
Nasrullapur, Amra, Karoor, District-Pilibhit,
Religion-Hindu,Occupation- Farming, Aadhar No.4420
5391 4770, and Mobile Number-8433480534, do hereby
declares that no part of the Criminal Misc. Bail
Application is false and nothing material has been
concealed and further due to Corona Virus (COVID-19)
Pandemic and Nation-Wide lock-down and due to close of
Photo I.D. center, the deponent unable to swear the
Affidavit filed in support of the present Criminal
Misc. Bail Application.
Further, the deponent abides himself that he will
be file a hard copy of the proper Affidavit within a
period when Photo I.D. Center will be open.
Dated.14.12.2020
(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