In the Hon’ble High Court of Judicature at Allahabad

-----------

Index

In

Supplementary Affidavit

In

Criminal Misc. Bail Application [Anticipatory] No.49233 of 2019

(U/s 438 of Code of Criminal Procedure, 1973 (Uttar Pradesh Amendment)

(District-Muzaffar Nagar)

Yashpal @ Nikku---------------------------Applicant
Versus
State of U.P.----------------------------opposite party
-------
Sl. Particulars of documents. Date Ann Pages
no.
1. Supplementary Affidavit.
2. True True copy of the counter affidavit SA-1
filed by the complainant in court below.
3. True copy of the orders passed by this SA-2
Hon’ble Court in Criminal Misc. Bail
Application [Anticipatory] No.39471 of
2019 filed by co accused Bhupendra
Rathi.

Dt.

(Sushil Kumar Pandey)

Advocate
Counsel for the Applicant
Seat No.1 behind Chamber No.67
High Court Allahabad
Mobile- 9415368059
Advocate Roll No. A/S 1771/2012
 In the Hon’ble High Court of Judicature at Allahabad
----------
Supplementary Affidavit
In
Criminal Misc. Bail Application [Anticipatory] No. of 2019
(U/s 438 of Code of Criminal Procedure, 1973 (Uttar Pradesh Amendment)

(District-Muzaffar Nagar)

Yashpal @ Nikku son of Om Prakash,

R/o Village Mansoorpur,
P.S. Mansoorpur, District Muzaffar Nagar.
---------Applicant
Versus
State of U.P. ----opposite party
-------
Affidavits of: -
Devendra, Aged about 27 Years, son of Tejpal,
R/o Village Doodhali, P.S. Mansoorpur,
District Muzaffar Nagar. Religion Hindu,
Occupation Private Work.
[Deponent]
I, the deponent above named do hereby solemnly affirm and state on
oath as under-

1. That the deponents aforesaid is the cousin/PAIROKAR of Applicant and

doing PAIRAVI on his behalf in the present case as such is well acquainted
with the facts deposed to below. The deponent belongs to Hindu religion
and he earns his livelihood through private work.

2. That as the Applicant has been named in the crime in question as such he
is apprehending the arrest in connection with FIR dated 19.7.2019
registered in Case Crime No.285 of 2019, U/s 386 of I.P.C., P.S.
Mansoorpur, District Muzaffar Nagar. Therefore the present
supplementary affidavit is being filed with the following facts and
documents.

3. That the applicant earns his livelihood by working as Civil Contractor and
he has worked in Mansoorpur for Rs. 46, 00, 000/- and the amount as
Rs. 32, 00, 000/- is still due on Mansoorpur Mill i.e. M/s Sarshadi Lal
 Distillery. The complainant is admitted the above said facts in counter
affidavit filed by the complainant in court below. True copy of the counter
affidavit filed by the complainant in court below is being enclosed herewith
and marked as Annexure No.SA-1 to this supplementary affidavit.

4. That Criminal Misc. Bail Application [Anticipatory] No.39471 of 2019 filed

by co accused Bhupendra Rathi and Hon’ble Court passed several orders.
True copy of the orders passed by this Hon’ble Court is being enclosed
herewith and marked as Annexure No.SA-2 to this supplementary
affidavit.

5. That in view of the aforesaid facts and circumstances it is expedient in the

interest of justice that this Hon’ble Court may graciously be pleased to
accept the present supplementary affidavit and to keep it on record as
part and partial of the instant bail application, otherwise the applicant
shall suffer an irreparable loss and injury.

I, the deponent above named most solemnly affirm and state on oath
that the contents of Paragraph Nos.1, 2 of the affidavit are true to my
personal knowledge, those contents of Paragraph Nos.3 & 4 of this affidavit
are based on perusal of the record, those contents of Paragraph No. 5 of this
affidavit are based on the legal advice, which the deponent believes to be
true, that no part of it is false and nothing material has been concealed.
So help me God.
(Deponent)
I, Sushil Kumar Pandey, Advocate, High Court, Allahabad do hereby
declare that the person making this affidavit and alleging himself to be the
deponent is the same person and is known to me from the perusal of the
record, which he produced before me on the connection of this case.

(Advocate)
[Advocate Roll No. A/S 1771/2012]
Solemnly affirmed before me on this th day of November, 2019 at about_
am/pm by the deponent who has been identified by the aforesaid Advocate.
I have satisfied myself by examining the deponent that he understands the
contents of this affidavit, which has been read over and explained to him.
(Oath Commissioner)
 In the Hon’ble High Court of Judicature at Allahabad

-----------

Annexure No.SA-

In

Supplementary Affidavit

In

Criminal Misc. Bail Application [Anticipatory] No. of 2019

(U/s 438 of Code of Criminal Procedure, 1973 (Uttar Pradesh Amendment)

(District-Muzaffar Nagar)

Yashpal @ Nikku---------------------------Applicant
Versus
State of U.P.----------------------------opposite party
-------

------------Copy attached/-
 In the Hon’ble High Court of Judicature at Allahabad
-------------
Index
In
Criminal Misc. Bail Application [Anticipatory] No. of 2019
(U/s 438 of Code of Criminal Procedure, 1973 (Uttar Pradesh Amendment)

(District-Muzaffar Nagar)

Yashpal @ Nikku---------------------------Applicant
Versus
State of U.P.----------------------------opposite party
-------
Sl. Particulars of documents. Date Ann Pages
no.
1. Criminal Misc. Bail Application
[Anticipatory]. (U/s 439 of 438 of Cr.P.C.,
1973 (Uttar Pradesh Amendment).
2. Affidavit in support of bail application.
3. True copy of the FIR in Case Crime No. 19.7.2019 1
285 of 2019.
4. Certified copy of bail rejection-order 22.8.2019 2
rejecting Anticipatory bail application.
5. True copies of work order containing the 3
bills.
6. True copy of the applicant’s written 19.7.2019 4
complaint moved to the police along with
his medical examination report.
7. True copy of the order allowing interim 24.7.2019 5
relief during the pendency of
Anticipatory Bail.
8. True copy of Anticipatory bail which was 6
filed in the court of learned Session
Judge, Muzaffar Nagar
9. True copy of Question-Answer answering 7
that the Anticipatory bail moved in the
learned Court below has been finally
decided.
10. True copy of the explanation submitted 9.10.2019 8
by applicant in the case U/s 340 of
Cr.P.C. in the learned Court below.
11. Vakalatnama.

Dt/-
[Sushil Kumar Pandey]
Advocate
Counsel for the applicant
Seat No.1, Behind Chamber No.67 High
Court, Allahabad
Mobile: - 9415368059
Advocate Roll No. A/S 1771/2012
 In the Hon’ble High Court of Judicature at Allahabad
-------

“In Case Crime No.285 of 2019, U/s 386 of I.P.C.,

P.S. Mansoorpur, District Muzaffar Nagar.”

Criminal Misc. Bail Application [Anticipatory] No. of 2019

(U/s 438 of Code of Criminal Procedure, 1973 (Uttar Pradesh Amendment)

(District-Muzaffar Nagar)

Yashpal @ Nikku son of Om Prakash,

R/o Village Mansoorpur,
P.S. Mansoorpur, District Muzaffar Nagar.
---------Applicant
Versus
State of U.P. ----opposite 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 the full facts and circumstances have been stated in the
accompanying affidavit which forms part of this application.
Prayer
It is, therefore, most respectfully prayed that this Hon’ble Court may
graciously be pleased to allow the present application for grant of anticipatory
bail to the Applicant in Case Crime No.285 of 2019, U/s 386 of I.P.C. P.S.
Mansoorpur, District Muzaffar Nagar and further to direct the Station House
Officer, P.S. Mansoorpur, District Muzaffar Nagar to grant anticipatory bail to
the Applicant in case of arrest in Case Crime No.285 of 2019, U/s 386 of
I.P.C. P.S. Mansoorpur, District Muzaffar Nagar. And/or to pass any suitable
order or direction to which this Hon’ble Court may deem fit and proper in the
interest of justice.
Dt.
[Sushil Kumar Pandey]
Advocate
Counsel for the applicant
 In the Hon’ble High Court of Judicature at Allahabad
-------------
Affidavit
In
Criminal Misc. Bail Application [Anticipatory] No. of 2019
(U/s 438 of Code of Criminal Procedure, 1973 (Uttar Pradesh Amendment)

(District-Muzaffar Nagar)

Yashpal @ Nikku-------------------------Applicant
Versus
State of U.P.-------------------------opposite party
-------

Affidavits of: -
Devendra, Aged about 27 Years, son of Tejpal,
R/o Village Doodhali, P.S. Mansoorpur,
District Muzaffar Nagar. Religion Hindu,
Occupation Private Work.
[Deponent]
I, the deponent above named do hereby solemnly affirm and state on
oath as under-

6. That the deponents aforesaid is the cousin/PAIROKAR of Applicant and

doing PAIRAVI on his behalf in the present case as such is well acquainted
with the facts deposed to below. The deponent belongs to Hindu religion
and he earns his livelihood through private work.

7. That as the Applicant has been named in the crime in question as such he
is apprehending the arrest in connection with FIR dated 19.7.2019
registered in Case Crime No.285 of 2019, U/s 386 of I.P.C., P.S.
Mansoorpur, District Muzaffar Nagar. True copy of the FIR dated
19.7.2019 registered in Case Crime No.285 of 2019 is being enclosed
herewith and marked as Annexure No.1 to this affidavit.

8. That it is pointed out that the apprehended accusation of Applicant in

Case Crime No.285 of 2019, U/s 386 of I.P.C., P.S. Mansoorpur, District
Muzaffar Nagar does not fall under the offences provided under sub
section (6) of the section 438 Cr.P.C.
9. That this is the First Criminal Misc. Bail Application [Anticipatory] (U/s
438 of Code of Criminal Procedure, 1973 (Uttar Pradesh Amendment) and
the applicant has not filed any previous application earlier to the present
Criminal Misc. Bail Application [Anticipatory] U/s 438 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.

10. That on coming to known about the apprehended accusation of

Applicant in Case Crime No.285 of 2019 above mentioned the Applicant
along with co-accused Bhupendra Rathi preferred application U/s 438
Cr.P.C. before the Court of learned Session Judge, Muzaffar Nagar. In
which the applicant was allowed interim relief during the pendency of
Anticipatory Bail vide order dated 24.7.2019. The learned Court below has
finally rejected the prayer for anticipatory bail merely on the basis of
criminal history without considering the merit of the case vide order dated
22.8.2019. Certified copy of the order dated 22.8.2019 passed by the
court of learned Session Judge, Muzaffar Nagar rejecting the prayer of
Applicant and another for grant of anticipatory bail is being enclosed
herewith and marked as Annexure No.2 to this affidavit.

11. That according to prosecution version it is alleged that the complainant

is posted as AVP [Unit] in M/s Sarshadi Lal Distillery but from last
considerable period the co-accused Bhupendra Rathi @ Chander
[Husband of Gram Pradhan] is imposing pressure on the Management of
M/s Sarshadi Lal Distillery for obtaining the contractual work or the
amount as Rs. 2, 00,000/-. It is alleged that on 19.7.2019 the co-accused
Bhupendra along with the applicant came inside the cabin of complainant
and they have started abusing with threatening for life and at the same
time the complainant’s colleague namely Yashpal Singh [GM Admin] was
also abused .

12. That the applicant earns his livelihood by working as Civil Contractor
and he has worked in Mansoorpur for Rs. 46, 00, 000/- and the amount
as Rs. 32, 00, 000/- is still due on Mansoorpur Mill i.e. M/s Sarshadi Lal
Distillery. The deponent is hereby filing the copies of work order
 containing the bills which are being enclosed herewith and marked as
Annexure No.3 to this affidavit.

13. That on the day of incident in question the applicant along with the co-
accused Bhpendra Rathi went to ask for his remaining amount but the
Officials of Complainant’s Mill have asked for 25% in the name of
commission for remaining outstanding due amount. On which the said
asking of commission the hot words were exchanged rather the applicant
was beaten bitterly and the complainant etc. have caused total five
injuries on the applicant in which Injury No.1 has been kept under
observation, for which the applicant was medical examined and its
medical examination report was prepared on 19.7.2019 by the doctor
concerned of District Hospital Muzaffar Nagar. Thereafter the applicant
has approached to the police authorities by making written complaints on
19.7.2019 itself to the Station House Officer as well as Senior
Superintendent of Police concerned but no heed was paid so far. True
copy of the applicant’s written complaint moved to the police along with
his medical examination report dated 19.7.2019 is being enclosed
herewith and marked as Annexure No.4 to this affidavit.

14. That it is made clear that the applicant himself has been beaten by the
complainant and the complainant who has best approach to the local
police, in very cunning manner has lodged the FIR under the false
allegations. The falsity of FIR is made clear from the fact that nobody in
complainant’s side has received any injury while the allegation of abusing,
beating with threatening has been leveled on the applicant and co-accused
Bhupendra coupled with the fact that the applicant has received as many
as five injuries during the course of incident in question.

15. That the Applicant has been implicated under the false case only due to
ulterior motive and malafide intention on part of complainant, otherwise
there is no evidence against the Applicant connecting him with the crime
in question.

16. That the prosecution has failed to produce any independent witness in
support of the allegation that the Applicant has indulged himself in
committing the alleged offence.
17. That admittedly the applicant has never given any threat to the
complainant in any manner nor he has any concern with the alleged
incident. Admittedly no amount has been given in the name of ransom as
such no offence U/s 386 of I.P.C. is made out.

18. That moreover as per the material available on record no offence is made
out against the Applicant U/s 386 of I.P.C.

19. That the deponent is hereby filing the copy of the order dated 24.7.2019
allowing interim relief during the pendency of Anticipatory Bail, which is
being enclosed herewith and marked as Annexure No.5 to this affidavit.

20. That the deponent is hereby also brining on record the copy of
Anticipatory bail which was filed in the court of learned Session Judge,
Muzaffar Nagar which is being enclosed herewith and marked as
Annexure No.6 to this affidavit.

21. That the deponent is hereby filing copy of Question-Answer which is

answering that the Anticipatory bail moved in the learned Court below has
been finally decided vide order dated 22.8.2019, which is being enclosed
herewith and marked as Annexure No.7 to this affidavit.

22. That it is submitted that during the course of hearing in the learned
Court below it was alleged that the applicant has made material
concealment regarding the criminal cases against him as such the learned
Court below has ordered for initiation of proceeding under section 340 of
Cr.P.C. [Misc. Case No.84 of 2019] in which the applicant has submitted
his explanation specifically mentioning therein that due to some
communication gap between the PAIROKAR and counsel for the applicant
the fact regarding pendency of criminal case could not be brought on
record which is neither deliberate nor willful. The applicant has prayer for
unconditional apology for any kind of concealment in the matter, if any
occurred on his part in the proceeding of Learned Court below. True copy
of the explanation submitted by applicant dated 9.10.2019 in the case
U/s 340 of Cr.P.C. in the learned Court below is being enclosed herewith
and marked as Annexure No.8 to this affidavit.
23. That the Applicant being man of good moral character, however due to
local malicious politics apart from the alleged offence of Case Crime
No.285 of 2019, the applicant was implicated in FIR of Case Crime No.319
of 2012 U/s 341, 504, 506 of I.P.C., P.S. Mansoorpur, District Muzaffar
Nagar in which on submission of charge sheet the matter is pending in the
learned court below.

24. That the Applicant undertakes that if his prayer of anticipatory bail is
allowed for the crime in question, he will neither temper the prosecution
witnesses nor will abscond from the proceedings under the crime in
question.

25. That in view of the aforesaid facts and circumstances it is expedient in

the interest of justice that this Hon’ble Court may graciously be pleased to
allow the present application for grant of anticipatory bail to the Applicant
in Case Crime No.285 of 2019, U/s 386 of I.P.C. P.S. Mansoorpur, District
Muzaffar Nagar and further to direct the Station House Officer, P.S.
Mansoorpur, District Muzaffar Nagar to grant anticipatory bail to the
Applicant in case of arrest in Case Crime No.285 of 2019, U/s 386 of
I.P.C. P.S. Mansoorpur, District Muzaffar Nagar, otherwise the Applicant
shall suffer an irreparable loss and injury.

I, the deponent above named most solemnly affirm and state on oath
that the contents of Paragraph Nos.1, 3, 4, 6, 9, 10, 11, 12, 13, 18 & 19 of
the affidavit are true to my personal knowledge, those contents of Paragraph
Nos.2, 5, 7, 8, 14, 15, 16 & 17 of this affidavit are based on perusal of the
record, those contents of Paragraph No.20 of this affidavit are based on the
legal advice, which the deponent believes to be true, that no part of it is false
and nothing material has been concealed.
So help me God.

(Deponent)
I, Sushil Kumar Pandey, Advocate, High Court, Allahabad do hereby
declare that the person making this affidavits and alleging himself to be the
deponent is the same person and is known to me from the perusal of the
record, which he produced before me on the connection of this case.
 (Advocate)
Advocate Roll No. A/S 1771/2012

Solemnly affirmed before me on this day of October, 2019 at about _

am/pm by the deponent who has been identified by the aforesaid Advocate.
I have satisfied myself by examining the deponents that he understands the
contents of this affidavit, which has been read over & explained to him.
(Oath Commissioner)
 In the Hon’ble High Court of Judicature at Allahabad

-------------

Annexure No.

In

Affidavit

In

Criminal Misc. Bail Application [Anticipatory] No. of 2019

(U/s 438 of Code of Criminal Procedure, 1973 (Uttar Pradesh Amendment)

(District-Muzaffar Nagar)

Yashpal @ Nikku-------------------------Applicant

Versus

State of U.P.-------------------------opposite party

-------

------Copy attached/-