IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

*******
INDEX
IN
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION NO. OF 2021
(Under section 438 Cr.P.C.)

(DISTRICT-BHADOHI)

Mansoor Alam ……. Applicant

Versus

State of U.P. and another ………. Opposite Party

S.N Particulars Dates Ann. Page

1. Anticipatory Bail
Application on behalf 1-2
of applicants.
2. Affidavit along with
I.D. Proof and 3-11
declaration.
3. A certified/true copy 07.11.2020 1
of the First 12-24
Information Report.
4. Parcha/Vakalatnama. 25

Dated.03.03.2021
(Neeraj Kumar Srivastava)
A/N-0180/12

(Pankaj Kumar)
A/P-0909/14
Advocate
Counsels for the Applicants
Chamber No. 166, New Building
High Court, Allahabad.
Mob.9838606311
 Anticipatory Bail Application
in case Number- 239 of 2020,
(State v/s Shamsher Alam and
another) arising out of Case
Crime Number- 0319 of 2019,
Under Section- 406, 420, 504,
506, I.P.C. Police Station-
Bhadohi, District- Bhadohi.

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

*******

CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION NO. OF 2021

(Under section 438 Cr.P.C.)

(DISTRICT-BHADOHI)

1. Mansoor Alam son of Yunus @ Inus Resident of Sardar

Bazar Khan, kasba Bhadohi Police Station Bhadohi,
District- Bhadohi.
……. Applicant

Versus

1. State of U.P.
2. Asaf Ali son of Mohammad Ayub, Resident of Mulla
Talab, Station Road, Police Station Bhadohi, District-
Bhadohi.

……………………. Opposite Party.

To,

The Hon’ble the Chief Justice and his other

companion judges of the aforesaid court.

The humble application of the abovenamed

applicant most respectfully showeth as under:

1. That on the basis the facts and circumstances of

the case have been stated in the accompanying
affidavit which form part of this application and its
annexures, the abovenamed applicants most respectfully
pray as under: -
 PRAYER

It is, therefore, most respectfully prayed

that this Hon’ble Court may graciously be pleased to
allow the present application and grant protection of
anticipatory bail to the applicant and direct the
applicant be released on bail in the event of his
arrest in relation to Case Number 239 of 2020, (State
v/s Shamsher Alam and another) arising out of case
Crime Number- 0319 of 2019, Under Section-406, 420,
504, 506, I.P.C., Police Station- Bhadohi, District-
Bhadohi, subject to such condition or directions, as
deemed fit by this Hon’ble Court” and/or may further
be pleased to grant interim protection/anticipatory
bail to the present applicant from arrest or any other
such coercive action in relation to the charge sheet
dated 16.09.2019, as well as cognizance order dated
20.01.2020, Under Section- 406, 420, 504, 506, I.P.C.
Registered as case Number-239 of 2020,(State versus
Shamsher Alam and another), arising out of F.I.R.
No.0319 of 2019, Police Station- Bhadohi, District-
Bhadohi, dated 14.08.2019, till the pendency of
present application, and/or pass any such other
order(s) as it may deem fit and proper in the interest
of justice.
Dated.03.03.2021
(Neeraj Kumar Srivastava)
A/N-0180/12

(Pankaj Kumar)
A/P-0909/14
Advocate
Counsels for the Applicants
Chamber No. 166, New Building
High Court, Allahabad.
Mob.9838606311
 IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
*******
AFFIDAVIT
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION NO. OF 2021
(Under section 438 Cr.P.C.)

(DISTRICT-BHADOHI)

Mansoor Alam ……. Applicant

Versus

State of U.P. and another ………. Opposite Party

Affidavit of Mirza Hasrat Beg

aged about 36, years son of
Mirza Masoom Beg, Resident
Chauri Road Bazar Sadar Khan
Bhadohi, Uttar Pradesh.
Pan card No- BDFPB9206E,
Mobile Number-8707271227,
Religion- Muslim
Occupation- Business.
(Deponent)

I, the deponent above named do hereby solemnly

affirm and state on oath as Under:

1. That, the deponent is the sole applicant, in the

above noted case, and as such he is fully acquainted
with the facts of the case deposed to below. The I.D.
Proof in the form of Pan Card and declaration of the
applicant/deponent is attached to this affidavit.

2. That, this is the first anticipatory bail

application on behalf the applicants before this
Hon’ble court in Case Number 239 of 2020, (State v/s
Shamsher Alam and another) arising out of case Crime
Number- 0319 of 2019, Under Section-406, 420, 504,
506, I.P.C., Police Station- Bhadohi, District-
Bhadohi, and in relation to the charge sheet dated
16.09.2019, as well as cognizance order dated
20.01.2020, Under Section- 406, 420, 504, 506, I.P.C.
passed by Chief Judicial Magistrate Bhadohi, District-
Bhadohi.

3. That, the applicants are apprehending arrest on

accusation of a non bailable offence in Case Crime
Number- 0319 of 2019, Under Section-406, 420, 504,
506, I.P.C., Police Station- Bhadohi, District-
Bhadohi.

4. That, the present application does not contain nor

relates to any offence which are mentioned under sub
section 6 of section 438 of Cr.P.C.

5. That, the applicants have not filed any previous

application under section 438 of Cr.P.C. before this
Hon’ble Court either at Allahabad or Lucknow or before
any other High Court in India, pertaining to the same
subject matter.

6. That, applicants approached this Hon'ble Court

directly because there is strong apprehension that if
they will appear within the limits of District-
Mirzapur, or premises of court below then he faced
Untoward incident, because the family members of
informant are very notorious and high access persons,
due this reason the applicants in firmly came directly
by way of this present Anticipatory bail application.

7. That, a first information report was lodged by the

informant namely Smt. Zahida Khan Daughter of Late
Azmat Ulla against the three persons including the
Unknown relatives and family members of applicants on
07.11.2020, which has been registered as Case Crime
Number- 0141 of 2020, Under Section-498-A, 323, 504,
506, I.P.C. I.P.C. and ¾ Dowry Prohibition Act, Police
Station- Mahila Thana, District- Prayagraj, related to
incident dated 18.12.2019, A certified copy of the
First Information Report dated-07.11.2020, is being
filed herewith and marked as ANNEXURE NO. 1 to this
affidavit.

8. That, the alleged incident is said to be taken

place on 18.12.2019, Time 00:00 and the First
Information Report has been registered on 07.11.2020,
19:13.

9. That, informant lodged the aforesaid First

Information Report against the applicant and other co-
accused with the allegation that her marriage was
solemnized with the applicant number-1, on 09.12.2014,
according to Muslim customs in which her parents spent
adequate money and also given the domestic articles
Along with ornaments, and just after marriage and
Bidai on next day she went at her sasural, but they
were not pleased with the aforesaid dowry and further
demanded six lakhs rupees for purchased the car, when
she could not fulfilled the said demand then they
started atrocities with her physically and mentally.

10. That it is further alleged that on 21.01.2015,

when her father came for settle the dispute then
applicant number committed misbehaved with them even
then her father after 15 to 20 days anyhow given the
two lakh rupees even then behaver of applicants not
changed towards the informant, then she came at her
parental house, and thereafter her husband again came
and took her at their house, but they again repeated
the aforesaid demand of dowry and when she show her
inability for do that then her husband on 18.12.2019,
left her at parental house, the rest of the allegation
will be quite evident from the perusal of first
information report itself.
11. That, whole prosecution story is false and
frivolous and applicants have been falsely implicated
in the present case without committing any offence.

12. That, entire criminal prosecution false and

frivolous and based on concocted story in regard to
demand of dowry, real facts are that applicants never
demanded the aforesaid alleged dowry, nor insisted for
do that by using the stigmatized language, neither
they have committed atrocities with her mental or
physical, therefore except the general as well as
false allegation of demand of dowry, nothing on record
which suggest that she was subjected from cruelty in
regard to demand of dowry.

13. That, one thing also very relevant to point out

here that her marriage was solemnized in year 2014,
and from the beginning of her martial life she faced
the atrocities but no complaint whatsoever been made
by the informant regarding the harassment and
atrocities in regard to demand of dowry and
continuously stayed with the applicants, this is very
astonished and reveals the falsity of whole
prosecution, therefore reliance cannot be placed on
the false story of informant.

14. That it is also very relevant to submit here that

the opposite party number-2, is very quarrelsome lady
and only for harass and humiliate the applicants and
another family members initiate the present criminal
prosecution, actually she always excreted pressure
upon her husband for live separately, while applicant
number-1, did not do that then in retaliation of the
same and teach lesson to whole family members lodged
the present first information report by levelling the
false allegation in regard to demand of dowry as well
as cruelty.
15. That, real facts are that she is very short-
tempered lady and only for waywardness launched the
present criminal prosecution against the applicants,
because the applicant number-2 and 3, also refused the
absurd demand of informant for partition in whole
property in question as well as live separately along
with her husband from applicant number-2 and 3.

16. That present case is the case of no injury case

and nothing on record in the form of medical
examination report which substantiate that she was
subjected by the applicants physically and mentally
in regards to non fulfilment of dowry, and so for as
concerned the applicant number-2 and 3, they are very
old and infirm person and also suffering from several
old disease and also not be able to moved frequently
here and there, so in such circumstances how it is
possible for applicant number-1, left his old allying
parents alone.

17. That, the applicants are clean antecedent person

and have no criminal history in past except the
present case.

18. That, the applicants seek the anticipatory bail in

the aforesaid Case Crime Number-0141 of 2020, under
section- 498-A, 323, 504, 506, I.P.C. I.P.C. and ¾
Dowry Prohibition Act, Police Station- Mahila Thana,
District- Prayagraj.

19. That, prima facia no offence is made out against

the applicants under section-498-A, 323, 504, 506,
I.P.C. I.P.C. and ¾ Dowry Prohibition Act, because the
applicants are peaceful and law-abiding citizen of
India.
20. That the applicants are prepared to abide by any
conditions that this Hon’ble Court may set while
allowing the present application.

21. That delay in filing the present application is

not deliberate because applicants have no knowledge
about the present criminal prosecution they came to
know while police concerned visited the house of
applicants on 04.02.2021, in there absence then well
wishers of applicant intimated regarding the present
criminal prosecution, therefore the applicant number-
1, came to prayagraj and immediately obtain the
certified copy of first information report in question
on 06.02.2021, for filing the present bail
application, so delay if any occurred which not
recklessly on the part of applicants and liable to be
condoned by this Hon'ble Court.

22. That, entire theory of prosecution doubtful and

reliance cannot be placed and there is serious
apprehension that police arrest the applicants in any
time so in such circumstances some protective order
requires otherwise the applicants detained in jail
without any delinquency.

23. That, in view of the aforesaid facts and

circumstances of the case it is expedient in the
interest of justice that this Hon'ble Court may be
pleased to allow the present application and grant
protection of anticipatory bail to the applicant and
direct the applicant be released on bail in the event
of his arrest in relation to case crime number- 0141
of 2020, under section-498-A, 323, 504, 506, I.P.C.
and ¾ Dowry Prohibition Act, Police Station- Mahila
Thana, District- Prayagraj, related to incident dated
18.12.2019, subject to such condition or directions as
deemed fit by this Hon'ble Court, and/or may further
be pleased to grant interim protection/anticipatory
bail to the present applicant from arrest or any other
such coercive action in relation to the F.I.R. No.
0141 of 2020, Police Station- Mahila Thana, District-
Prayagraj, dated 07.11.2020, till the pendency of
present application, during the pendency of his trial
in the court below, otherwise the applicant shall
suffer irreparable loss and injury.

I, the deponent abovenamed do hereby verify that the

contents of paragraph no. 1,
2,3,4,5,6,8,9,10,11,12,13,14,15,16,17,18,19,20,21,22,
of this affidavit are true to my personal knowledge
and the contents of paragraph no.…………7………………. of the
affidavit are based on records, and the contents of
paragraph no. ……………23…………….. 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, Neeraj Kumar Srivastava, 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/N-0180/12
Solemnly affirmed before me on this ... th day of
March. 2021 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.1
IN
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION NO. OF 2021
(Under section 438 Cr.P.C.)

(DISTRICT-BHADOHI)

Mansoor Alam ……. Applicant

Versus

State of U.P. and another ………. Opposite Party

 IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
*******
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION NO. OF 2021
(Under section 438 Cr.P.C.)

(DISTRICT-BHADOHI)

Mansoor Alam ……. Applicant

Versus

State of U.P. and another ………. Opposite Party

DECLATRATION
……………………..
To,
The Hon'ble the chief justice and his
other companion judges of the aforesaid Court.
I, the undersigned counsel hereby
declares that the all-entire facts disclosed in the
bail application along with its annexures are true and
correct and no part of it is false and nothing has
been concealed and same have been made as per the
documents/records/information provided by the
deponent. It is further respectfully submitted that on
account of Pandemic/Lockdown Covid- 19, the deponent
is unable to come for swearing the affidavit, the Pan
Card number of deponents is - BDFPB9206E, and his
mobile number-8707271227, the deponent declares as
well as undertakes to file a duly sworn affidavit in
the form of hard copy in the prescribed format as soon
as the Pandemic comes to an end and the smooth
functioning of the Photo Affidavit center at Hight
Court Allahabad comes in to operation.
 I, Neeraj Kumar Srivastava, Advocate,
Hight Court Allahabad do hereby identify the
deponent.

Dated.03.03.2021
(Neeraj Kumar Srivastava)
A/N-0180/12

(Pankaj Kumar)
A/P-0909/14
Advocate
Counsels for the Applicants
Chamber No. 166, New Building
High Court, Allahabad.
Mob.9838606311