IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD 

CRIMINAL MISC EXEMPTION APPLICATION

NO..........OF 2021 under Chapter XVIII Rule 1
of Allahabad High Court Rules 

ON BEHALF OF  
Suresh Pal and
other_________________________Applicants 

CRIMINAL MISC. ANTICIPATARY BAIL APPLICATION

NO.______ /2021 (Under Section 438(1)of Cr.P.C) 

1. Suresh Pal Singh Son of Sri. Ram

Saran, aged about 67 years 2. Sandeep
Chaudhary son of Sri. Suresh pal,  
3. Chunnu Thakur Alias Anirudh son of Sri. Gokul  
4. Smt Sonu wife of Sri Chunnu Thakur Alias Sri
Anirudh 
5. Smt Rupa daughter of Sri Satya Pal  

Dham Govardhan Road, Mathura Highway Mathura. .Applicants 

Versus 

1. State of U.P. through Secretary

Home Lucknow, U.P. 2. S.O./S.H.O.
Police Station: Highway,  
District: Mathura ----------Respondents. 

To, 
The Hon’ble the chief Justice and his other companion  
Judges of the aforesaid court. 
The humble application on behalf of the above-
named applicant most  respectfully showeth as
under:- 

1. That full facts, reasons and circumstances of the case

have elaborately been disclosed in the accompanying
affidavit, which will form part of  the present application
also.
 P a g e | 3 

2. That in view of the facts and circumstances of the case, it

is essential  and expedient in the interest of justice that
this Hon’ble court  graciously be pleased allow this
instant exemption application for  certified copy of the
first information report arising out of Case Crime  No.
465 of 2021 FIR Dated 1.5.2021 Under Sections 323,
506 147,  427 and 452 IPC Police Station : Highway
District: Mathura as the  concerned Police Station did
not provide the Certified Copy of the  First Information
Report even after persistent pursuance of the 
applicant and also the applicant is a resident of red
zone that is highly  containment zone of Covid 19 virus
and also exempt for filing the  typed copy of annexure
no I.  

PRAYER 
It is, therefore, most respectfully prayed that this
Hon’ble court July  graciously be please d this instant
exemption application for certified copy of  the first
information report arising out of Case Crime No. 465 of
2021 FIR  Dated 1.5.2021 Under Sections 323, 506
147, 427 and 452 IPC Police  Station : Highway
District: Mathura, as the concerned Police Station did
not  provide the Certified Copy of the First Information
Report even after  persistent pursuance of the
applicant and also the applicant is a resident of red 
zone that is highly containment zone of Covid19 virus
and also exempt for  filing the typed copy of annexure
no. I.  

Date 19 June 2021 

th

Vaibhavv Kaushik 
 Advocate 
Regt. No. 7709/08 and  
Adv Roll No. A/V0003/2012 
counsel for the Applicant 
[email protected] 
9919344707
P a g e | 4 

Crime No. 465 of 2021 FIR Dated 1.5.2021  

Under Sections: 323, 506 147, 427 and 452  
IPC Police Station : Highway District:  
Mathura. 
District: Bulandshahr
 IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD 

CRIMINAL MISC. ANTICIPATORY BAIL

NO.________ /2021 (Under Article 438(1) of
Cr.P.C. ) 

DISTRICT: MATHURA 

1. Suresh Pal Singh Son of Sri Ram

Saran, aged about 67 years 2. Sandeep
Chaudhary son of Sri Suresh pal,  
3. Chunnu Thakur Alias Anirudh son of Sri Gokul  
4. Smt Sonu wife of Sri Chunnu Thakur Alias Anirudh 
5. Smt Rupa daughter of Sri Satya Pal  

m Govardhan Road, Mathura Highway Mathura. .Applicants 

Versus 

1. State of U.P. through Secretary Home Lucknow, U.P. 

2. S.O./S.H.O. Police Station: Highway,  
District: Mathura ----------Respondents. To, 

The Hon’ble the Chief Justice and his other companion

Judges of the  aforesaid court. 
The humble petition of the above-named petitioner; Most
Respectfully  Showeth: 

1. That for the reasons stated in the accompanying affidavit,

it is  expedient in the interest of justice and equity that

this Hon'ble Court  

P a g e | 5 

may graciously be pleased to grant anticipatory

bail to the applicant in  connection with Case

 Crime No. 465 of 2021 FIR Dated 1.5.2021 

Under Sections 323, 506 147, 427 and 452 IPC

Police Station :  Highway District: Mathura,

during the pendency of investigation of  the

case. 

P R A Y E R 

It is, therefore, expedient in the interest of justice

and equity that this  Hon'ble Court may

graciously be pleased to grant anticipatory bail

to  the applicant in connection with Crime/F.I.R.

No. 465 of 2021 FIR  Dated 1.5.2021 Under

Sections 323, 506 147, 427 and 452 IPC Police 

Station: Highway District: Mathura, during the

pendency of  

investigation of the case. 

aushik Advocate 
Regt. No. 7709/08 and  
Adv Roll No. A/V0003/2012 
counsel for the Applicant 
[email protected] 
9919344707,
P a g e | 6 
Crime No. 465 of 2021 FIR Dated 1.5.2021  
Under Sections: 323, 506 147, 427 and 452  
IPC Police Station: Highway District:  
Mathura.
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD 

AFFIDAVIT 
IN 
CRIMINAL MISC. ANTICIPATORY BAIL
NO.________ /2021 (Under Article 438(1) of
Cr.P.C. ) 

DISTRICT: MATHURA 

1. Suresh Pal Singh Son of Sri Ram

Saran, aged about 67 years 2. Sandeep
Chaudhary son of Sri Suresh pal,  
3. Chunnu Thakur Alias Anirudh son of Sri Gokul  
4. Smt Sonu wife of Sri Chunnu Thakur Alias Anirudh 
5. Smt Rupa daughter of Sri Satya Pal  
All Resident of Shri Ji Dham Govardhan Road,
Mathura Highway Mathura. .Applicants 
Versus 

1. State of U.P. through Secretary Home Lucknow, U.P. 

2. S.O./S.H.O. Police Station: Highway,  
District: Mathura ----------Respondents. 
Affidavit of Anirudh aged about 44 
years, Son of Gokul Resident of 28  
Vishw Laxmi Nagar, Extension,  
Goverdhan Charaha, Mathura Bangar,  
Mathura, Uttar Pradesh 
Aadhaar Card No. 445560603163 
Linked Mobile No. 7668631064 
Religion: Hindu 
Occupation: Business  
(DEPONENT) 
P a g e | 7 
I, the deponent, above named, do hereby solemnly affirm

and state on oath as  under: – 

That the deponent, above named, is the third applicant in

the  application and the applicant no.1 is the father in

law of the deponent,  the applicant no. 2 is the brother

in law of the deponent and the  applicant no.4 is the

wife of the deponent and the applicant no.5 is the 

sister in law of the deponent who is doing pairvi in the

present case  and also on behalf of other applicants

and as such he is fully  conversant with the facts and

circumstances of the case deposed to  below. 

2. That during the Country lockdown for the Prevention of

Pandemic  Covid19, the applicant / deponent is

authorizing the undersigned  lawyer to appear on his

behalf for filing and pursuing the instant  anticipatory

bail before the Hon’ble High Court, At Allahabad as

the  lower court is completely shut down during

lockdown period and there  is serious apprehension

that the applicants may get arrested by the  police in

connection with the Case Crime No. 465 of 2021 FIR

Dated  1.5.2021 Under Sections 323, 506 147, 427

 and 452 IPC Police  Station : Highway District:

Mathura, as the police are regularly and  continuously

raiding the house of the applicant. 

3. That the deponent also declares that the accusation and

allegation does  not fall under the offences provided

under sub-section 6 of the 

P a g e | 8 

section 438 Cr.P.C.  

4. That the deponent also declares in this instant affidavit

that this is the  first anticipatory bail application on
behalf of the applicant under  Section 438 of Cr.P.C.,
before this Hon’ble High Court. 
5. That the deponent also declares no other anticipatory bail
is pending or  disposed of by either the session court
or co-ordinate bench of this  Hon’ble High Court of
judicature at Allahabad as well as by the Bench  of the
Lucknow.  
6. That it is stated here that the applicants have approached
this Hon’ble  High Court directly for seeking remedy
against the First Information  Report (hereinafter
referred to as an F.I.R.) dated 1.5.2021 registered  as
Case Crime No. 465 of 2021 FIR Dated 1.5.2021
Under Sections  323, 506 147, 427 and 452 IPC
Police Station : Highway District:  Mathura 
7. That the applicants have been falsely implicated in Case
Crime No.  465 of 2021 FIR Dated 1.5.2021 Under
Sections 323, 506 147, 427  and 452 IPC Police
Station : Highway District: Mathura. 
8. That according to the prosecution the incident took place
at the  informant’s house on 30/4/2021 in the afternoon
at 2 p.m. and the  F.I.R. is said to have been lodged on
1.5.2021 at around 18:16 hrs. 
9. That it is pertinent to mention here that in the aforesaid
First  Information Report dated 1.5.2021, there is no
specific reason for  delayed F.I.R. 
10. That as per prosecution story it was alleged that one of
the accused  person namely Suresh Pal resides in the
same locality and he is having  personal vendetta with
the informant. For the same reason, the 
P a g e | 9 

informant has started living at Vrindavan instead

of that locality, leaving behind his family in the
same house. Suresh Pal wants to buy  his flat at
a concessional rate which he does not want to
sell. On 30 april 2021, all the accused persons
th

along with other fifteen twenty  people barged

into his house behind his back and thrashed his
wife  Smt Manju Sharma along with his children
and they also vandalized his  house property.  
11. That the prosecution case against the applicants
would appear from the  true copy/Photocopy of the
F.I.R. no. 465 of 2021 dated 1.5.2021 which is being
filed herewith as Annexure–I to this affidavit. 
12. That the applicants are wholly innocent and they have
committed no  offence and have been falsely
implicated in the present case due to  ulterior
purposes. 

13. That the actual facts of the case are that the accused
persons are having  a family real Estate business in
Mathura. The informant has booked a  property from
the Real Estate company run by the accused persons
without giving any earnest money. Since, he being in
the neighbour,  just for good will, the accused person
has hold the booking for such  property for few months
but payment was received from him.  
 14. That after few months passed, the informant came
to know that such  property has been sold to another
person without prior intimation. 15. This action of the
applicants was not taken in good spirit by him and  
thus, he developed the personal vendetta against
the applicants and  lodged the present first
information report.  
16. That the information has made the sweeping vague

allegation in the  First Information Report without

specifying the details or without 

P a g e | 10 

furnishing any document or medical report and

on this ground alone  this First Information

Report is liable to be quashed.  

17. That no case under sections 323, 506 147, 427 and 452

IPC is made  out against the applicants. 

18. That at the time of incidence, both the ladies of the

house were  working and staying at home because of

Covid scare and helping their  own children in their

online classes.  

19. That it is also pertinent to mention here that not a single

Eye witness as  signed the alleged first information

report as alleged in the first  information report. 

20. That the prosecution story is highly vague and

exaggerated on its own  face. 

21. That the investigation of the impugned F.I.R. dated

1.5.2021 registered as Case Crime No. 465 of 2021

FIR Dated 1.5.2021 Under  Sections 323, 506 147,

427 and 452 IPC Police Station: Highway  District:

Mathura is still pending and no police report under

section  173(2) Cr.P.C. has been filed till date. 

22. That the applicants are apprehending their immediate

arrest due to the  present false implication in the

present case, which is wholly illegal and  arbitrary.

P a g e | 11 

23. That the applicants are peace-loving and law-abiding

citizens and they  have never been previously

convicted.  

24. That the actions of the respondents are in violation of

Article 19 and  21 of the Constitution of India. 

25. That the applicants have no other alternative and

efficacious remedy  except to invoke this extraordinary

 Jurisdiction of this Hon’ble Court  under Section 438(1)

of Cr.P.C. 

26. That to the best of the knowledge of the applicant till date

no charge  sheet/police report Under Section 173

Cr.P.C. has been submitted by  the police in the instant

case. 

27. That there is a serious apprehension that the applicants

may get  arrested by the police in connection with the

Case Crime No. 465 of  2021 FIR Dated 1.5.2021

Under Sections 323, 506 147, 427 and 452  IPC

Police Station:Highway District: Mathura, hence he

left with no  other option except to seek anticipatory

bail from this Hon’ble Court. 

28. That the applicants are ready to cooperate in the

investigation of the  instant case. 

29. That in the circumstances of the case, the applicants

deserves to be  granted anticipatory bail. 

30. That in view of the facts and circumstances, stated above, it is 
P a g e | 12 
 expedient in the interest of justice that this

Hon’ble Court may be  pleased to grant

anticipatory bail to the applicant in connection

with  Case Crime No. 465 of 2021 FIR Dated

1.5.2021 Under Sections  323, 506 147, 427

and 452 IPC Police Station : Highway District: 

Mathura., during the pendency of investigation of

the case. 

I, the deponent above named, do hereby swear

and verify that the  contents of paragraph nos. 4,
5 of this affidavit are true to my personal 
knowledge, and that of paragraph nos. 1,2, 6-
16,18 to 23, 26 to 30P  .are based on record and
that of paragraph nos............. are based on 
information received and that of paragraph
nos.3,17,27-25, 30P.are  based on legal advice
and no part of this affidavit is false and nothing 
material has been concealed. 

 SO HELP ME GOD. 

 DEPONENT 
I, Vaibhavv Kaushik, 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 perusal of
papers produced in  this case and I am satisfied
that he is the same person.  

  
 Advocate 

Solemnly affirmed before me on this 19 day of

th

June 2021 at about 10  a.m/p.m. by the deponent

who is identified by the aforesaid person. I have
satisfied myself by examining the deponent that
he has  understood the contents of this affidavit
which has been read over and  explained to him
by me. 
 NOTARY PUBLIC ADVOCATE