Case Crime No.
0160/2023
U/S- 419, 420, 467, 468, 471,
120B I.P.C.
Police Station- Kursi
District- Barabanki
IN THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD LUCKNOW BENCH, LUCKNOW
Cr. M. Bail Application NO. OF 2023
Puneet Kumar Gautam ...... Accused/Applicant
(In jail since 17.09.2023)
Versus
State of U.P. & others …..Opposite party
INDEX
Sl. No. Page No.
1. Memo of bail application
2. Affidavit in support of Bail application.
3. Annexure No. 1.
The Photostat/copy of F.I.R dated
26.06.2023 is being annexed here.
4. Annexure No. 2
The Photostat/copy of Charge sheet is
being annexed here.
5. annexure no. 3
The Photostat/copy of Sale deed is
being annexed here as
6. annexure no. 4
The Photostat/copy witness statement
given by the investigation officer of
Charge sheet is being annexed here.
7. annexure no. 5
Bail rejection order dated
16.10.2023 is being annexed here.
8. I.D.
9. VAKALATNAMA.
Lucknow (D. P. SINGH SOMVANSHI)
Dated: / /2023 Advocate
Counsel for the Applicant
A.O.R. No. B/ D 0376
MOB NO-9839164430
(AJEET KUMAR SINGH)
Advocate
Counsel for the Applicant
A.O.R. No. B/A 3000
MOB NO-9415638244
Case Crime No. 0160/2023
U/S- 419, 420, 467, 468, 471,
120B I.P.C.
Police Station- Kursi
District- Barabanki
IN THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD LUCKNOW BENCH, LUCKNOW
Cr. M. Bail Application NO. OF 2023
1. Puneet Kumar Gautam , aged about 35 Years Son
of Fakire lal, resident of house no. 368, village-
Anwari, police station-kursi, district-Barabanki
…….Accused/Applicant
(In jail since 17.09.2023)
Versus
1. State of U.P. through principal secretary, Home
Secretariat, Lucknow.
……..Opp. Parties
FIRST BAIL APPLICATION FOR BAIL UNDER
SECTION 439 Cr.P.C
For the facts, reason and circumstances stated
in the accompanying criminal miscellaneous bail
application duly supported with an affidavit, it is
most respectfully prayed that this Hon’ble Court
may graciously be pleased to enlarge the accused
applicant on bail in Case Crime No. 0160/2023
Police Station-Kursi, District-Barabanki, Under
Section 419, 420, 467, 468, 471, 120B I.P.C. during
pendency of trial in the interest of justice.
Lucknow (D. P. SINGH SOMVANSHI)
Dated: / /2023 Advocate
Counsel for the Applicant
A.O.R. No. B/D 0376
MOB NO-9839164430
(AJEET KUMAR SINGH)
Advocate
Counsel for the Applicant
A.O.R. No. B/A 3000
MOB NO-9415638244
IN THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD LUCKNOW BENCH, LUCKNOW
Cr. M. Bail Application NO. OF 2023
Puneet Kumar Gautam ...... Accused/Applicant
(In jail since 17.09.2023)
Versus
State of U.P. & others …..Opposite party
AFFIDAVIT
I, Phakire lal aged about 68 years, son of Shri
Pooran, Religion- Hindu, Qualification- illiterate,
Occupation-farmer, resident of House no.368 Village
Anwari, Police Station-Kursi, Tehsil-Fatehpur, District-
Barabanki.
The deponent, do hereby solemnly affirm and state on
oath as under:-
1. This is the first bail application and accused
applicant has not filed any other bail application
under section 439 Cr.P.C in any capacity either
before this Hon'ble Court or before Hon'ble High
Court of Judicature at Allahabad.
2. It is further stated that this matter not relates
CBI/Prevention of Corruption Act/ED/Matter
relates to NRHM Scam/GPF Scam/matter of
MP/MLAs etc.
3. That the accused applicant has been falsely
implicated in the aforesaid criminal case.
4. That the applicant is neither named in the first
information report nor has any role been shown in
the plaintiff case.
5. That according to the prosecution story that
Jagdish Prasad Gupta has purchased a land in plot
no. 546/0.329 and also stated that the informant
purchase the above aforesaid plot no. a part 0.219
hectare in the year 2018 by registered sale deed on
dated 02.09.2008 by the Arjun son of Bheeba
which is entered in the office of registrar fatehpur
Barabanki as book no. 195/2018 part 1707, has
been registered on page no. 2989, and gatta no.
546/0.3290 out of which 0.110 hectare which is the
remaining part was purchased in the year 2015 by
Ram Khelawan ,Ramawati, Ram Kishore son of
Paragilal Ramawati , w/o Paragilal resident of
guggaur, police station-kursi, Tehsil-Fatehpur,
District-Barabanki, whose registry was sale deed
dated 16.06.2015 has been registered on registrar
office fatehpur Barabanki at the same volume 3869
page no 131 to 206, no. 6174, on which he is on
possession , despite that, the said land has been
sold by the aforesaid Ram Khelawan, Ramawati,
Ram Kishore. The Photostat/copy of F.I.R dated
26.06.2023 is being annexed here as annexure no.
1.
6. That it is also relevant to mention here that the
concerned police has registered first information
report U/S 419,420 I.P.C. and after arrest Ram
Khelawan, Ramawati, Ram Kishore the investigation
officer added 467,468,471 I.P.C.
7. That the accused applicant not deliberately and
dishonestly purchased the aforesaid property by
Ram Khelawan, Ramawati, Ram Kishore.
8. That after investigation charge sheet has been
submitted by investigation officer dated 09.08.2023
before the concerned court. The Photostat/copy of
Charge sheet is being annexed here as annexure
no. 2.
9. That applicant purchases the land in question by
Ram khelawan and 2 others. It is clearly shows that
the sale deed is not illegal. The Photostat/copy of
Sale deed is being annexed here as annexure no.
3.
10. That after submitted the charge sheet against the
accused Ram Khelawan, Ramawati, Ram Kishore
who is already in jail after lodging the F.I.R.
11. That the accused applicant is a witness in the
aforesaid criminal case is the purchase of the
disputed land. This is not fault of the accused
applicant.
12. That the accused applicant is a purchaser and
witness of the aforesaid case. The Photostat/copy
statement given by the investigation officer of
Charge sheet is being annexed here as annexure
no. 4.
13. That the accused applicant has moved bail
application to Additional Session Court, Court No.
2, Barabanki bail rejection order dated 16.10.2023.
The Photostat/copy of Bail rejection order dated
16.10.2023 is being annexed here as annexure no.
5.
14. That the accused applicant is innocent and
committed any offence against the law.
15. That the accused applicant is in jail since
17.09.2023.
16. That the applicant is not convicted in any case nor
does he have any criminal history.
17. The applicant is a very poor person.
18. The condition of the applicant, who is the only
source of livelihood for his old and sick parents, will
worsen if he is detained in the district jail.
19. Is that the applicant has no connection with the
said crime.
20. That it is also relevant to mention here that the
accused applicant is not liable to punish in the
aforesaid criminal case because no offence made
out against the accused applicant.
21. That the complainant is very influential and land
mafia. The local police under pressure of the
complainant.
22. That in the above circumstances this Hon’ble Court
may kindly be pleased to enlarge the accused
applicant on bail during the pendency of trial in the
interest of justice.
Lucknow.
Dated: / /2023 Deponent
VERIFICATION
I, the above named, deponent do hereby verify that the
contents of paras 1 to of this affidavit are true to
my own knowledge and no part of it is false and
annexure nos. 1 to annexed are true/Photostat
copies duly compared by the deponent, the originals of
which are available on records nothing material has
been concealed.
So help me God.
Lucknow.
Dated ,2023 Deponent
I, identify the above named deponent on the basis of
records which is produced and sign before me.
Advocate
Solemnly affirmed before me at AM/PM by the
deponent who is identified by Shri Dinesh
Pratap Singh, High Court, Lucknow bench, Lucknow.
resident of c-3 kailashpuri, alambagh, luck now, Mobile
no. 9839164430, Reg. no. 3138/1996, roll of advocate-
B/D-0376.
I have satisfied by examining the deponent
that he understands the contents of this affidavit, which
have been read over and explained to him by me.
OATH COMMISSIONER
