Code:_______________

District : Lucknow
Group : Anticipatory
Bail

IN THE HON’BLE HIGH COURT OF JUDICATURE AT

ALLAHABAD, SITTING AT LUCKNOW

********************

INDEX
IN
Criminal Misc. Case No. of 2022 (Anticipatory Bail)

Ajeet Kumar Sharma ------

Applicant

Versus

State of U.P. -------Opposite

Party
Sl. No. Particulars Page
No.

1. Anticipatory Bail Application

2. Affidavit in Support of Anticipatory

Bail Application

3. ANNEXURE No. 1

The copy from the Office of the

Chief Medical Office, Varanasi

4. ANNEXURE No. 2

The certified copy of the First

Information Report dated
12.12.2020

5. ANNEXURE No. 3

The copy of the suit for restitution

of conjugal rights having Case No.
391 of 2020

6. ANNEXURE No. 4

The certified copy of the charge

sheet dated 10.04.2021

7. ANNEXURE No. 5

The certified copy of the

anticipatory bail rejection order
dated 30.05.2022 passed in Crime
No. 0114 of 2020 by the 1st
Additional Sessions and District
Judge, Lucknow

8. Copy of the Id proof

9. Vakalatnama
(Desh Deepak Singh) (Akshay
Srivastava)
Advocate Advocate
Counsel for the Applicant Counsel for the
Applicant
Mob. No.9140628188 Mob. No.
7411125356
AOR No. B/D0078 AOR No. B/A2571

Crime No. 114 of 2020

Under Sections 4/3 DP
Act and 406, 506, 323, 498A I.P.C.

(Anticipatory Bail rejected by order dated 30.05.2022

by the 1st Additional Sessions and District Judge , Lucknow)

IN THE HON’BLE HIGH COURT OF JUDICATURE AT

ALLAHABAD, SITTING AT LUCKNOW

********************

Criminal Misc. Case No. of 2022 (Anticipatory Bail)

Ajeet Kumar Sharma, aged about 42 years, son of Shri Kamal

Kumar Sharma, resident of B.P.-99, Patel Nagar, Mugalsarai,

Chandauli, Uttar Pradesh ------

Applicant

Versus
State of U.P., through Principal Secretary Home

-------Opposite Party

FIRST ANTICIPATORY BAIL APPLICATION UNDER

SECTION 438 OF THE CODE OF CRIMINAL PROCEDURE

To,

THE HON’BLE THE CHIEF JUSTICE AND HIS OTHER COMPANION

JUDGES OF THE AFORESAID COURT.

The above named Applicant respectfully begs to submit

as under:

1. That for the facts, reasons and circumstances stated in the

accompanying affidavit it is most respectfully prayed that

this Hon’ble Court may graciously be pleased and in the

interest of justice to grant the anticipatory bail to the

Applicant to the satisfaction of this Hon’ble Court.

2. That the applicant has no criminal antecedents and is a law

abiding citizen and there is no chance of his absconding

from justice.

3. That this is the first anticipatory bail application and no

other anticipatory bail application has been previously filed

before this Court or is pending before this Court or any other

Court.

PRAYER
 Wherefore it most respectfully prayed that this Hon’ble

Court may graciously be pleased and in the interest of justice

to grant the anticipatory bail to the Applicant to the

satisfaction of this Hon’ble Court.

(Desh Deepak Singh) (Akshay

Srivastava)
Advocate Advocate
Counsel for the Applicant Counsel for the
Applicant
Mob. No.9140628188 Mob. No.
7411125356
AOR No. B/D0078 AOR No. B/A2571
Crime No. 114 of 2020
Under Sections 4/3 DP
Act and 406, 506, 323, 498A I.P.C.

(Anticipatory Bail rejected by order dated 30.05.2022

by the 1st Additional Sessions and District Judge , Lucknow)

IN THE HON’BLE HIGH COURT OF JUDICATURE AT

ALLAHABAD, SITTING AT LUCKNOW

********************

Criminal Misc. Case No. of 2022 (Anticipatory Bail)

Ajeet Kumar Sharma -----

Applicant
 Versus

State of U.P., through Principal Secretary Home

-------Opposite Party

AFFIDAVIT IN SUPPORT OF FIRST BAIL APPLICATION

UNDER SECTION 439 OF THE CODE OF CRIMINAL
PROCEDURE

I, Ajeet Kumar Sharma, aged about 42 years, son of Shri

Kamal Kumar Sharma, resident of B.P.-99, Patel Nagar,

Mugalsarai, Chandauli, Uttar Pradesh, Educational Qualification

Literate, Hindu Brahmin by Religion, Occupation- Sales clerk

Adhaar card is annexed as ID proof, do hereby solemnly affirm

and state on oath as under:-

1. That the deponent is the applicant in the above mentioned

case is fully conversant with the depositions made

hereunder.

2. That the deponent is suffering from permanent disability

and belongs to the category of Permanent Handicap disable

person. The copy from the Office of the Chief Medical Office,

Varanasi certifying the disability of the Deponent is being

annexed as Annexure No. 1 to this affidavit.

3. That the First Information Report dated 12.12.2020 filed by

the complainant against the Deponent is narrated in the

form of story which is baseless, false, fabricated and lacks

sanctity. It need be stated here that the above mentioned

First Information Report has been filed with the sole

intention to harass and falsely implicate the Deponent and

his family members to succumb to the demands of the

Complainant. The certified copy of the First Information

Report dated 12.12.2020 is being annexed as Annexure

No. 2 to this affidavit.

4. That the marriage of the deponent with the complainant

was fixed through the matrimony website namely

Shaadi.com and the marriage was solemnized on

28.02.2019 at Diamond Resort, Mohanlalganj, Lucknow

according to Hindu rites in a simple manner and without any

pomp and show.

5. That prior to the marriage with the deponent the

complainant was working at the post of instructor in the

Department of Education at Sitapur. It is important to

mention here that at the present time the complainant is

still working in Sitapur.

6. That after the solemnization of marriage of the complainant

with the deponent, the complainant after the Vidaai

 ceremony came to her matrimonial home and just after two

days the complainant left her matrimonial home without the

consent of the deponent and his family members and went

back to her maternal home and then went back to Sitapur

and resumed her job.

7. That the complainant willfully neglected the deponent and

his family members and precluded herself from establishing

the conjugal relationship with the deponent.

8. That the complainant told the deponent that she does not

want to live at her matrimonial home with the deponent and

because of that even after the marriage the complainant

spent most of her days at her maternal home and when

deponent asked her to come to her matrimonial home the

deponent made excuses in the name of her duty to live at

Sitapur.

9. That it need be stated here that the complainant is addicted

to taking intoxication pills and whatever time she spent at

her matrimonial home the complainant was always under

the influence of the intoxication pills and kept herself aloof

from the deponent and his family members and was always

sleeping in her room. It need be stated here that when the

deponent complained about the above mentioned habit of

the complainant with the parents of the complainant, the

 parents of the complainant refused to help the deponent

and told him the complainant is taking the tablets from

before the marriage and they cannot ask her to stop taking

the tablets.

10. That the complainant told the deponent that her marriage

with the deponent was fixed against her wishes and she

used to taunt the deponent and maintained distance with

the deponent because of his divorce from the first marriage.

11. That the complainant on 25.10.2020 out of her own sweet

will and consent along with her father came to her maternal

home situated at Lucknow.

12. That the deponent continuously requested and pleaded the

complainant and her parents for the complainant to come

back to her matrimonial home but to no avail. The

complainant and her family members vehemently informed

the deponent that the complainant is not interested in

coming back to her matrimonial home and continue the

matrimonial relation and obligations with the deponent.

13. That on 01.12.2020 the deponent filed a suit for restitution

of conjugal rights under section 9 of the Hindu Marriage Act,

1955 before the Principal Judge, Family Court, Chandauli

 having Case No. 391 of 2020 to bring back the complainant.

It need be stated here that upon getting the information

about the registration of the above mentioned suit filed by

the deponent, the complainant lodged a false and fabricated

First Information Report dated 12.12.2020 against the

deponent, his father, mother and sister. The copy of the suit

for restitution of conjugal rights having Case No. 391 of

2020 is being annexed as Annexure No. 3 to this affidavit.

14. That no information with respect to the registration of the

First Information Report against the deponent by the

complainant was provided by the Police Station Women

Police, Hazratganj, Lucknow to the deponent and no

mediation was conducted for the resolution of the dispute in

an amicable manner. It need be stated here that the police

is continuously harassing the deponent and his family

members and is acting in collusion with the complainant.

15. That the investigation is complete in the above mentioned

Crime No. 0114 of 2020 and the charge sheet dated

10.04.2021 under sections 498-A, 323 506, 406 I.P.C. and

sections 3 and 4 of the Dowry Prohibition Act, 1961 has

been filed by the police before the Court of Civil Judge

(Junior Division), F.T.C., Lucknow. It is important to mention

here that upon the perusal of the charge sheet it is apparent

 that the First Information Report dated 12.12.2020 was

lodged on false and fabricated grounds which lacked

credibility as after the investigation by the concerned police

no crime was made out against the other co-accused. The

certified copy of the charge sheet dated 10.04.2021 is being

annexed as Annexure No. 4 to this affidavit.

16. That no dowry in the form of cash or gift was ever

demanded by the deponent and his family members and

neither any form of physical harm was ever levelled on the

complainant.

17. That the complainant was made aware of the fact before her

marriage was fixed with the deponent that the deponent

was a divorcee and has a daughter who is living with him

and is maintained by the deponent.

18. That the complainant often used to coerce and pressurize

the deponent to transfer the movable and immovable

properties in the name of the complainant. It need be stated

here that the complainant put up a condition infront of the

deponent that she will allow the deponent to have physical

relations with the complainant once the properties are

transferred in the name of the complainant.

19. That the case is presently pending before the Court of Civil

Judge (Junior Division), F.T.C., Lucknow and the deponent is

fully cooperating in the proceedings of the Hon’ble Court.

20. That the deponent is innocent and has been falsely

implicated.

21. That the applicant has no criminal antecedents and has

never been wanted in any case.

22. That the applicant is a law abiding citizen of this country

and there is no chance of his absconding from justice.

23. That the deponent is ready to furnish the sureties to the

satisfaction of this Hon’ble Court.

24. That this is the first anticipatory bail application and no

other anticipatory bail application has been previously filed

or is pending against the rejection order dated 30.05.2022

by the 1st Additional Sessions and District Judge, Lucknow.

The certified copy of the anticipatory bail rejection order

dated 30.05.2022 passed in Crime No. 0114 of 2020 by the

1st Additional Sessions and District Judge, Lucknow is being

annexed as Annexure No. 5 to this affidavit.

25. That from the narrations hereinabove and in the interest of

justice the deponent is liable to be granted anticipatory bail

by this Hon’ble Court.

Lucknow
Dated: Deponent

VERIFICATION

I, the above named deponent do hereby verify that the

contents of paras ________ are true to my personal knowledge
and contents of paras _________ of this affidavit are on the
basis of record and the contents of paras _______ of this
affidavit are believed to be true. No part of it is false and
nothing material has been concealed. So help me GOD.

Lucknow
Dated: Deponent

I verify the deponent on the basis of the ID documents

produced by him and who has signed this affidavit in my
presence.

Advocate

Solemnly affirmed before me on ________ at _____ am/pm

by the deponent Ajeet Kumar Sharma who has been identified

by Sri Akshay Srivastava, Advocate, (AOR No. B/A2571)

Allahabad High Court, sitting at Lucknow.

 I have satisfied myself after examining the deponent that
he/she has understood the content of this affidavit which are
read over and explained by me to him.

OATH COMMISSIONER

IN THE HON’BLE HIGH COURT OF JUDICATURE AT

ALLAHABAD, SITTING AT LUCKNOW

********************

Criminal Misc. Case No. of 2022 (Anticipatory Bail)

Ajeet Kumar Sharma ------

Applicant
 Versus

State of U.P. -------Opposite

Party

ANNEXURE No. 1

The copy from the Office of the Chief Medical Office, Varanasi

IN THE HON’BLE HIGH COURT OF JUDICATURE AT

ALLAHABAD, SITTING AT LUCKNOW

********************

Criminal Misc. Case No. of 2022 (Anticipatory Bail)

Ajeet Kumar Sharma ------
Applicant

Versus

State of U.P. -------Opposite

Party

ANNEXURE No. 2

The certified copy of the First Information Report dated

12.12.2020

IN THE HON’BLE HIGH COURT OF JUDICATURE AT

ALLAHABAD, SITTING AT LUCKNOW

********************

Criminal Misc. Case No. of 2022 (Anticipatory Bail)

Ajeet Kumar Sharma ------
Applicant

Versus

State of U.P. -------Opposite

Party

ANNEXURE No. 3

The copy of the suit for restitution of conjugal rights having

Case No. 391 of 2020

IN THE HON’BLE HIGH COURT OF JUDICATURE AT

ALLAHABAD, SITTING AT LUCKNOW

********************

Criminal Misc. Case No. of 2022 (Anticipatory Bail)

Ajeet Kumar Sharma ------
Applicant

Versus

State of U.P. -------Opposite

Party

ANNEXURE No. 4

The certified copy of the charge sheet dated 10.04.2021

IN THE HON’BLE HIGH COURT OF JUDICATURE AT

ALLAHABAD, SITTING AT LUCKNOW

********************

Criminal Misc. Case No. of 2022 (Anticipatory Bail)

Ajeet Kumar Sharma ------
Applicant

Versus

State of U.P. -------Opposite

Party

ANNEXURE No. 5

The certified copy of the anticipatory bail rejection order dated

30.05.2022 passed in Crime No. 0114 of 2020 by the 1st

Additional Sessions and District Judge, Lucknow