Regular bail application under Section 439 CrPC with index, memo of parties and list of dates (POCSO case)
Cites the IPC, CrPC or Evidence Act. For matters from 1 July 2024, use the BNS, BNSS or BSA.
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IN THE HON'BLE HIGH COURT OF DELHI AT NEW DELHI
CRIMINAL JURISDICTION
BAIL APPLICATION NO. Bail application number OF Bail application year
IN THE MATTER OF:
Petitioner's namePETITIONER
VERSUS
THE STATE OF State nameRESPONDENT
INDEX
| S. No. | PARTICULAR | PAGE NO. |
|---|---|---|
| 1. | Court Fee |
| 2. | Urgent Application |
| 3. | Notice of Motion |
| 4. | Memo of Parties |
| 5. | List of Dates and Events along with Synopsis |
| 6. | Bail Application under Section 439 of the Code of Criminal Procedure, 1973 seeking regular bail in FIR No. FIR number/FIR year, P.S.: Police station, Delhi. |
| 7. | Application under Section 482 of the Code of Criminal Procedure, 1973 seeking exemption from filing certified copies of the annexures, and for permission to file legible copy(ies) along with the supporting affidavit of the Parokar of the case. |
| 8. | ANNEXURE-A: Copy of the order dated Day of first bail dismissal order.Month of first bail dismissal order.Year of first bail dismissal order passed by the Ld. Trial Court dismissing the bail application of the Petitioner. |
| 9. | ANNEXURE-B: Copy of the order dated Day of second bail dismissal order.Month of second bail dismissal order.Year of second bail dismissal order passed by the Ld. Trial Court dismissing the bail application of the Petitioner. |
| 10. | ANNEXURE-C: Copy of the order dated Day of co-accused bail order.Month of co-accused bail order.Year of co-accused bail order passed by the Hon'ble High Court of Delhi granting bail to the co-accused, Co-accused's name. |
| 11. | ANNEXURE-D: True and translated copy of FIR bearing No. FIR number/FIR year under Sections 377/506/34 IPC and Section 6 of the POCSO Act, P.S.: I.P. Estate, Delhi, dated Day of FIR registration.Month of FIR registration.Year of FIR registration. |
| 12. | ANNEXURE-E: Copy of FIR No. Counter FIR number/Counter FIR year registered by the Petitioner against Person against whom counter FIR registered, along with its translated copy. |
| 13. | ANNEXURE-F: Copy of the supplementary charge sheet filed against the Petitioner. |
| 14. | ANNEXURE-G: Copy of the first statement of the victim child recorded under Section 164 Cr.P.C. dated Day of victim's first Section 164 statement.Month of victim's first Section 164 statement.Year of victim's first Section 164 statement. |
| 15. | ANNEXURE-I: Copy of the order of the Child Welfare Committee and the counselling report dated Day of CWC order and counselling report.Month of CWC order and counselling report.Year of CWC order and counselling report, along with typed copy. |
| 16. | ANNEXURE-J: Copy of the notice issued by the Child Welfare Committee to the SHO/IO for taking cognizance, dated Day of CWC notice to SHO.Month of CWC notice to SHO.Year of CWC notice to SHO, along with typed copy. |
| 17. | ANNEXURE-H: Copy of the subsequent statement of the victim child dated Day of victim's subsequent Section 164 statement.Month of victim's subsequent Section 164 statement.Year of victim's subsequent Section 164 statement, recorded under Section 164 Cr.P.C. |
| 18. | ANNEXURE-K: Copy of FIR No. FIR number/FIR year registered against the PETITIONER at the instance of Complainant's name, along with its translated copy. |
| 19. | ANNEXURE-L (COLLY): Copy of the examination-in-chief dated Day of first part examination-in-chief.Month of first part examination-in-chief.Year of first part examination-in-chief and Day of second part examination-in-chief.Month of second part examination-in-chief.Year of second part examination-in-chief, and the cross-examination dated Day of cross-examination.Month of cross-examination.Year of cross-examination, of the victim child. |
| 20. | ANNEXURE-M: Copy of the Aadhaar card of the Petitioner. |
| 21. | Vakalatnama |
PETITIONER
(IN JUDICIAL CUSTODY)
THROUGH
NEW DELHI
DATED:
COUNSEL
Advocate's name & ASSOCIATES
Office No. Office number, Office street, Delhi-Office pincode
Mob.: Advocate's mobile number
Email: Advocate's email prefix@yahoo.in
IN THE HON'BLE HIGH COURT OF DELHI AT NEW DELHI
CRIMINAL JURISDICTION
BAIL APPLICATION NO. Bail application number OF Bail application year
IN THE MATTER OF:
Petitioner's namePETITIONER
VERSUS
THE STATE OF State nameRESPONDENT
COURT FEE
PETITIONER
(IN JUDICIAL CUSTODY)
THROUGH
NEW DELHI
DATED:
COUNSEL
Advocate's name & ASSOCIATES
Office No. Office number, Office street, Delhi-Office pincode
Mob.: Advocate's mobile number
Email: Advocate's email prefix@yahoo.in
IN THE HON'BLE HIGH COURT OF DELHI AT NEW DELHI
CRIMINAL JURISDICTION
BAIL APPLICATION NO. Bail application number OF Bail application year
IN THE MATTER OF:
Petitioner's namePETITIONER
VERSUS
THE STATE OF State nameRESPONDENT
To,
THE DEPUTY REGISTRAR,
HIGH COURT OF DELHI,
NEW DELHI.
URGENT PETITION
Sir,
Kindly treat the present petition as an urgent one in accordance with the High Court Rules and Orders, for the following reason:
"Petition for bail under Section 439 of the Code of Criminal Procedure, 1973 is enclosed."
PETITIONER
(IN JUDICIAL CUSTODY)
THROUGH
NEW DELHI
DATED:
COUNSEL
Advocate's name & ASSOCIATES
Office No. Office number, Office street, Delhi-Office pincode
Mob.: Advocate's mobile number
Email: Advocate's email prefix@yahoo.in
IN THE HON'BLE HIGH COURT OF DELHI AT NEW DELHI
CRIMINAL JURISDICTION
BAIL APPLICATION NO. Bail application number OF Bail application year
IN THE MATTER OF:
Petitioner's namePETITIONER
VERSUS
THE STATE OF State nameRESPONDENT
NOTICE OF MOTION
To,
The Standing Counsel,
Delhi Police,
State High Court Lawyers Chambers,
Standing counsel's chamber,
New Delhi.
Sir,
The enclosed petition in the aforesaid matter is being filed on behalf of the Petitioner and is likely to be listed on Date of listing or any date thereafter. Kindly make it convenient to appear before the Hon'ble Court on such date to assist the Court in the disposal of the case.
PETITIONER
(IN JUDICIAL CUSTODY)
THROUGH
NEW DELHI
DATED:
COUNSEL
Advocate's name & ASSOCIATES
Office No. Office number, Office street, Delhi-Office pincode
Mob.: Advocate's mobile number
Email: Advocate's email prefix@yahoo.in
IN THE HON'BLE HIGH COURT OF DELHI AT NEW DELHI
CRIMINAL JURISDICTION
BAIL APPLICATION NO. Bail application number OF Bail application year
IN THE MATTER OF:
Petitioner's namePETITIONER
VERSUS
THE STATE OF State nameRESPONDENT
MEMO OF PARTIES
SH. Petitioner's name
S/o Sh. Petitioner's father's name
R/o Petitioner's house number/X, Petitioner's street,
Petitioner's locality, Petitioner's addressPetitioner's age PETITIONER
VERSUS
STATE (GOVT. OF NCT OF DELHI)
Through Public ProsecutorRESPONDENT
PETITIONER
(IN JUDICIAL CUSTODY)
THROUGH
NEW DELHI
DATED:
COUNSEL
Advocate's name & ASSOCIATES
Office No. Office number, Office street, Delhi-Office pincode
Mob.: Advocate's mobile number
Email: Advocate's email prefix@yahoo.in
IN THE HON'BLE HIGH COURT OF DELHI AT NEW DELHI
CRIMINAL JURISDICTION
BAIL APPLICATION NO. Bail application number OF Bail application year
IN THE MATTER OF:
Petitioner's namePETITIONER
VERSUS
THE STATE OF State nameRESPONDENT
LIST OF DATES AND EVENTS
Day of FIR registration.Month of FIR registration.Year of FIR registrationFIR No. FIR number/FIR year, P.S.: Police station, was registered on concocted and baseless allegations made by the complainant, namely Complainant's name, who is a disciple of the original culprit and main conspirator, namely Main accused's name @ Main accused's alias.
Day of victim's first Section 164 statement.Month of victim's first Section 164 statement.Year of victim's first Section 164 statementThe first statement under Section 164 Cr.P.C. was recorded before the Ld. MM, Tis Hazari Courts, Delhi.
Day of writ petition filing.Month of writ petition filing.Year of writ petition filingPetitioner's wife's name, wife of the Petitioner, approached the Hon'ble High Court by way of a writ petition seeking a direction to the CWC or any other agency to take custody of the victim.
Day of CWC counselling report.Month of CWC counselling report.Year of CWC counselling reportThe counselling report of the Child Welfare Committee was filed, along with the order of the CWC directing the police to take appropriate action.
Day of CWC notice to SHO.Month of CWC notice to SHO.Year of CWC notice to SHOThe CWC issued a notice to the SHO/IO of P.S. Police station directing further cognizance to be taken in the matter.
Day of victim's subsequent Section 164 statement.Month of victim's subsequent Section 164 statement.Year of victim's subsequent Section 164 statementThe subsequent statement of the victim child was recorded under Section 164 of the Cr.P.C. before the Ld. MM, Tis Hazari Courts, Delhi.
Day of co-accused bail order.Month of co-accused bail order.Year of co-accused bail orderThe co-accused, Co-accused's name, was granted bail by the Hon'ble High Court of Delhi.
Day of first part examination-in-chief.Month of first part examination-in-chief.Year of first part examination-in-chiefThe first part of the examination-in-chief of the victim child was conducted.
Day of second part examination-in-chief.Month of second part examination-in-chief.Year of second part examination-in-chiefThe second part of the examination-in-chief of the victim child was conducted.
Day of cross-examination.Month of cross-examination.Year of cross-examinationThe cross-examination of the victim child was conducted.
Day of surrender-cum-bail application.Month of surrender-cum-bail application.Year of surrender-cum-bail applicationThe petitioner moved a surrender-cum-bail application before the Ld. ASJ, Tis Hazari Courts, and the said bail application was dismissed vide order dated Day of surrender bail dismissal order.Month of surrender bail dismissal order.Year of surrender bail dismissal order.
Day of supplementary charge sheet filing.Month of supplementary charge sheet filing.Year of supplementary charge sheet filingThe supplementary charge sheet against the petitioner was filed before the Ld. ASJ, Tis Hazari Courts.
Day of second bail dismissal order.Month of second bail dismissal order.Year of second bail dismissal orderThe Ld. ASJ, Tis Hazari Courts, was pleased to decline the second bail application of the petitioner/accused.
Day of present bail application filing.Month of present bail application filing.Year of present bail application filingHence, the present bail application is being filed before this Hon'ble Court seeking regular bail.
PETITIONER
(IN JUDICIAL CUSTODY)
THROUGH
NEW DELHI
DATED:
COUNSEL
Advocate's name & ASSOCIATES
Office No. Office number, Office street, Delhi-Office pincode
Mob. Advocate's mobile number
Email- Advocate's email prefix@yahoo.in
IN THE HON'BLE HIGH COURT OF DELHI AT NEW DELHI
CRIMINAL JURISDICTION
BAIL APPLICATION NO. Bail application number OF Bail application year
IN THE MATTER OF:-
Petitioner's namePETITIONER
VERSUS
THE STATE OF State nameRESPONDENT
FIR No. FIR number/FIR year
P.S.: Police station, Delhi
Under Sections: 420/468/471/34 IPC
The accused is in custody since Day of start of custody.Month of start of custody.Year of start of custody
BAIL APPLICATION ON BEHALF OF THE PETITIONER Petitioner's name UNDER SECTION 439 OF THE CODE OF CRIMINAL PROCEDURE, 1973 IN FIR NO. FIR number/FIR year, P.S.: Police station, DELHI
MOST RESPECTFULLY SHOWETH:
1.That the petitioner/accused is an innocent, law-abiding and peace-loving citizen, aged Petitioner's age years.
2.That the petitioner has approached this Hon'ble High Court being aggrieved by the order dated Day of order impugned.Month of order impugned.Year of order impugned passed by the Ld. ASJ, Tis Hazari Courts, declining the second bail application of the petitioner. A copy of the dismissal order dated Day of second bail dismissal order.Month of second bail dismissal order.Year of second bail dismissal order of the second bail application is annexed herewith as ANNEXURE-A.
3.That the petitioner first moved a surrender-cum-bail application on Day of surrender-cum-bail application.Month of surrender-cum-bail application.Year of surrender-cum-bail application before the Ld. ASJ, Tis Hazari Courts, and the same was declined by the Ld. ASJ, Tis Hazari Courts. Thereafter, the petitioner moved a second bail application before the Ld. ASJ, Tis Hazari Courts, but the Ld. Judge was again pleased to decline the bail application without taking into consideration the merits of the case. A copy of the dismissal order dated Day of surrender bail dismissal order.Month of surrender bail dismissal order.Year of surrender bail dismissal order of the surrender-cum-bail application is annexed herewith as ANNEXURE-B.
4.That it is pertinent to mention that one of the co-accused in the present case, namely Co-accused's name, had approached this Hon'ble High Court of Delhi seeking bail, and Hon'ble Mr. Judge's name was pleased to grant bail to the co-accused Co-accused's name in view of the same facts and circumstances as those in the present bail application. A copy of the bail order dated Day of co-accused bail order.Month of co-accused bail order.Year of co-accused bail order of the Hon'ble High Court of Delhi is annexed herewith as ANNEXURE-C.
5.That the petitioner/accused has been falsely implicated in the present case by using a little child as a tool, and FIR No. FIR number/FIR year under Sections 377/506/34 IPC and Section 6 of the POCSO Act, P.S.: Police station, was registered on Day of FIR registration.Month of FIR registration.Year of FIR registration against him by the complainant/Complainant's name in collusion with his Guru Ji, namely Main accused's name @ Main accused's alias (who is the original culprit, main conspirator and mastermind of the case). A copy of FIR No. FIR number/FIR year is annexed herewith as ANNEXURE-D.
6.That prior to the registration of the present FIR No. FIR number/FIR year, Main accused's name @ Main accused's alias had assaulted the petitioner and his brothers, for which the petitioner made a police complaint and FIR No. Counter FIR number/Counter FIR year was registered on Day of counter FIR registration.Month of counter FIR registration.Year of counter FIR registration, P.S.: Police station (counter FIR), against Main accused's name @ Main accused's alias. A copy of FIR No. Counter FIR number/Counter FIR year is annexed herewith as ANNEXURE-E.
7.That Main accused's name @ Main accused's alias had been continuously issuing life threats to the petitioner. Owing to such threats to his life, the petitioner was compelled to leave Delhi and started residing at his village in Bihar, and therefore he could not have acquired any knowledge of FIR No. FIR number/FIR year registered against him by the complainant. However, as soon as the petitioner received information of the said FIR No. FIR number/FIR year registered against him, he surrendered himself before the Ld. ASJ, Tis Hazari Courts.
8.That the petitioner moved the surrender-cum-bail application on Day of surrender-cum-bail application.Month of surrender-cum-bail application.Year of surrender-cum-bail application before the Ld. ASJ, Tis Hazari Courts. That on Day of surrender bail dismissal order.Month of surrender bail dismissal order.Year of surrender bail dismissal order, the Ld. Judge was pleased to decline the surrender-cum-bail application on the following grounds:
a)That the petitioner had been declared a proclaimed offender in the case.
b)That one of the co-accused persons, namely Co-accused's name, was yet to be arrested.
c)That the victim and other witnesses would have to be recalled for their examination.
d)That the charge sheet was yet to be filed against the petitioner/accused and the investigation was underway.
9.That the other co-accused person, namely Co-accused's name, has surrendered before the Ld. ASJ, Tis Hazari Courts. Subsequently, the investigation was completed and the supplementary charge sheet was filed against the petitioner/accused by the investigating officer on Day of supplementary charge sheet filing.Month of supplementary charge sheet filing.Year of supplementary charge sheet filing. A copy of the supplementary charge sheet is annexed herewith as ANNEXURE-F.
10.That the petitioner/accused has been languishing in judicial custody since Day of start of custody.Month of start of custody.Year of start of custody. The petitioner, therefore, again approached the Ld. ASJ, Tis Hazari Courts, by way of a second bail application under Section 439 Cr.P.C., but the Ld. ASJ, Tis Hazari Courts, was pleased to decline the second bail application on the following grounds, without considering the merits of the case:
(a)That the plea of the accused that he could not join the investigation owing to life threats from the main accused does not inspire the confidence of the Court, as the petitioner has not filed any complaint of whatsoever nature before any authority.
(b)That both the statements of the victim recorded under Section 164 Cr.P.C., as well as his deposition as PW-2 before the Court, were recorded at a time when the petitioner was at large and was avoiding joining the investigation.
(c)That the testimonies of the victim and other material prosecution witnesses are required to be recorded afresh.
11.That being aggrieved by the order dismissing the second bail application, the petitioner has, with folded hands, approached this Hon'ble High Court in the interest of justice.
ACTUAL AND TRUE FACTS OF THE CASE:-
(i)That upon the demise of Shree Late founder's name Ji, who expired on Day of founder's death.Month of founder's death.Year of founder's death, the petitioner was chosen as the next Mahant/Sant of Shree Ashram name Ashram, Ashram locality, situated at Ashram address, New Delhi, and since then the said Ashram has been managed by the petitioner.
(ii)That it is relevant to mention that one Rival claimant's name @ Rival claimant's alias also claims to be the other Mahant of the same Ashram, and the complainant, Complainant's name, is a disciple of Rival claimant's name. In consequence, Rival claimant's name @ Rival claimant's alias, in collusion with the complainant, hatched a criminal conspiracy to grab the property of the said Ashram, which is worth more than Rs. Ashram property value (₹ crores) crores, and to become the manager of the Ashram. To this end, they filed several criminal complaints against the petitioner in order to falsely implicate him in false and fabricated litigation, which is pending for proper adjudication before the Ld. Trial Courts.
(iii)That in continuation of the aforesaid false litigation, Rival claimant's name @ Rival claimant's alias, in collusion with his disciple, the present complainant, namely Complainant's name, brought a child/victim from somewhere and kept/confined him in the Ashram for three to four months and committed unnatural and oral intercourse upon him, and thereafter, in order to falsely implicate and drag the petitioner into criminal proceedings, lodged the present false and fabricated FIR on Day of FIR registration.Month of FIR registration.Year of FIR registration, being FIR No. FIR number/FIR year, PS: Police station, against the petitioner and his brothers in a pre-planned manner.
(iv)That on the very next day, Day of victim's first Section 164 statement.Month of victim's first Section 164 statement.Year of victim's first Section 164 statement, the statement of the victim child was recorded under Section 164 Cr.P.C. before the Ld. MM, Tis Hazari Courts, Delhi, in which the victim child deposed falsely against the petitioner, as he was under a life threat from the complainant and the original culprit in this case, namely Main accused's name @ Main accused's alias. It is of particular significance that, at the time of the recording of his statement, the victim child was accompanied by Person accompanying victim's name @ Person accompanying victim's alias and the complainant. A copy of the first statement of the victim child recorded under Section 164 Cr.P.C. dated Day of victim's first Section 164 statement.Month of victim's first Section 164 statement.Year of victim's first Section 164 statement is annexed herewith as ANNEXURE-G.
(v)That the wife of the petitioner/accused, Petitioner's name, approached the Hon'ble Court of Delhi with a prayer that the custody of the victim child not be handed over to Main accused's name @ Main accused's alias or any of his associates. Directions were issued to the CWC, and thereafter, on Day of High Court custody order.Month of High Court custody order.Year of High Court custody order, the Hon'ble High Court of Delhi recorded the submissions of the Ld. Counsel for the Govt. of NCT of Delhi and the Child Welfare Committee that the child was in their protection and custody, and subsequent thereto, counselling of the victim/child was conducted.
(vi)That during the counselling, the victim child contradicted his earlier statement made under Section 164 Cr.P.C. and stated that it was in fact Main accused's name @ Main accused's alias who had sexually assaulted him on several occasions in the Ashram and had threatened him not to utter a single word against him, failing which he would be killed and his hands broken. In this regard, on Day of CWC social worker report.Month of CWC social worker report.Year of CWC social worker report, the social worker of the Child Welfare Committee made a report to the police for appropriate action to be taken. Thereafter, the child was produced before the Ld. Tis Hazari Courts and another statement under Section 164 Cr.P.C. was recorded on Day of victim's subsequent Section 164 statement.Month of victim's subsequent Section 164 statement.Year of victim's subsequent Section 164 statement, in which the child once again reiterated that he had been assaulted by the accused Main accused's name @ Main accused's alias. Subsequently, the main accused, namely Main accused's name @ Main accused's alias, was arrested on Day of main accused's arrest.Month of main accused's arrest.Year of main accused's arrest, and the child thereafter disclosed each and every fact truthfully and exonerated the petitioner/accused.
12. GROUNDS AND CONTENTIONS FOR BAIL
(i)That in Writ Petition (C) No. Writ petition number/Writ petition year, filed by the wife of the petitioner, the petitioner requested this Hon'ble Court in respect of the custody of the victim child, praying that the child not be handed over to Main accused's name @ Main accused's alias, who claimed to be his guardian. It is further submitted that, on Details.Details.Details, this Hon'ble Court called upon the Child Welfare Committee (CWC), Details, to furnish an explanation regarding the status of the victim child. The CWC, Details, submitted before this Hon'ble Court that, during counselling, the victim had stated that his Guruji, Details @ Details, had committed wrongful acts upon him, whereupon the CWC made a complaint to the concerned police station for appropriate action. A copy of the order of the CWC and the counselling report dated Details.Details.Details is annexed as ANNEXURE-H, and a copy of the notice issued by the CWC to the SHO/IO of PS: Details on Details.Details.Details is annexed as ANNEXURE-I.
(ii)That thereafter, on Details.Details.Details, in the subsequent statement of the victim child recorded under Section 164 Cr.P.C., the victim child clearly stated that the petitioner had been falsely dragged/implicated in this case at the instance of his Guruji, namely Details @ Details, and further stated that his Guruji, namely Details @ Details, had committed unnatural and oral intercourse upon him and had threatened him not to disclose this fact to anyone, failing which he would be killed. A copy of the subsequent statement dated Details.Details.Details, recorded under Section 164 Cr.P.C., is annexed herewith as ANNEXURE-J.
(iii)That the Ld. ASJ, Tis Hazari Courts, while declining the bail application, took the view that the petitioner had not filed any complaint of whatsoever nature before any authority with regard to his submission that he could not join the investigation owing to life threats from the main accused, Details. It is submitted that the Ld. Judge erred in considering the averments made by the petitioner, inasmuch as the petitioner had specifically stated in his bail application before the Ld. ASJ that Details had earlier attempted to kill the petitioner by assaulting him grievously in a property dispute between the two, and that the petitioner had made a police complaint regarding the assault committed upon him by Details, vide FIR No. Details.Details.Details, PS: Details, dated Details.Details.Details. It is pertinent to mention that Details, having influence over the police officials, got a false FIR, vide No. Details/Details, registered against the petitioner in response to the aforesaid FIR No. Details/Details. A copy of the false FIR No. Details/Details is annexed herewith as ANNEXURE-K.
iv.That the Ld. ASJ, Tis Hazari Courts, while declining the bail application, was of the view that the statement of the victim recorded under Section 164 Cr.P.C. as well as her deposition as PW-2 before the Court were recorded at a time when the petitioner was at large and was avoiding joining the investigation. It is submitted that the Ld. Judge erred in not considering the averments made by the petitioner that he had left his address out of fear for his life, and that his failure to join the investigation was not intentional. It was only because the petitioner had no information regarding the present FIR No. Details/Details that he could not join the investigation, and as soon as the petitioner learnt of the FIR No. Details/Details registered against him, he presented himself before the Ld. ASJ, Name of the Ld. ASJ before whom the petitioner appeared, Tis Hazari Courts.
v.That the examination-in-chief of the victim child dated Details.Details.Details and Details.Details.Details has already been concluded, and the evidence of the victim child/PW-2 was also concluded on Details.Details.Details, but the child did not make any allegation against the petitioner/accused. The petitioner does not wish to further cross-examine the victim child. A copy of the examination-in-chief dated Details.Details.Details and Details.Details.Details, and of the cross-examination dated Details.Details.Details, is attached herewith as ANNEXURE-L (COLLY).
vi.That it is respectfully submitted that one of the co-accused, Name of the co-accused granted bail, had approached this Hon'ble Court in the present case for seeking bail, and the Hon'ble Mr. Justice Name of the Hon'ble Judge who granted bail to the co-accused was pleased to grant bail to the co-accused, Name of the co-accused granted bail, in view of the same facts as set out in the present bail application. The Hon'ble Mr. Justice Name of the Hon'ble Judge who granted bail to the co-accused specifically observed in his order while granting bail to the co-accused that, keeping in view the facts and circumstances of the case, "I am of the view that the Petitioner should be enlarged on bail."
vii.That it is respectfully submitted that the main charge-sheet as well as the supplementary charge-sheet have already been filed, and the examination of witnesses and trial of the case will take a long time. Therefore, in the interest of justice, the petitioner ought not to be kept in custody for such a long period in circumstances where the victim, while voluntarily in the care of the Child Welfare Committee, gave a statement attesting to the innocence of the petitioner and the other co-accused.
viii.That the petitioner is not a previous convict and has not been involved in any case of this nature, except the cases alleged at the instance of the main culprit to falsely implicate the petitioner.
ix.That the petitioner undertakes to abide by all conditions imposed upon him by this Hon'ble Court, and further assures that he will not misuse the concession of bail and will not abscond or violate any condition of bail. A copy of the Aadhaar card of the petitioner is attached herewith as ANNEXURE-M.
13.That the petitioner has not filed any other application or petition seeking similar relief in respect of the aforementioned FIR before the Hon'ble Supreme Court, or before any other Hon'ble High Court or any other court of law, except the present one.
14.That this Hon'ble Court has territorial jurisdiction to decide the present bail application, as the present FIR has been registered within the jurisdiction of this Hon'ble Court.
PRAYER
It is, therefore, in view of the facts and submissions made hereinabove, most respectfully prayed that this Hon'ble Court may graciously be pleased to:
(i).Pass an order releasing the petitioner/accused on regular bail in FIR No. Details/Details, under Sections 377, 506/34 of the IPC and Section 6 of the POCSO Act, registered at P.S. Details, Delhi, in the interest of justice.
(ii).Pass any other order as this Hon'ble Court may deem fit and proper in the interest of justice.
PETITIONER
(IN JUDICIAL CUSTODY)
THROUGH
NEW DELHI
DATED:
COUNSEL
Details & ASSOCIATES
Office No. Details, Details, Delhi-Details
Mob. Details
Email- Details@yahoo.in
IN THE HON'BLE HIGH COURT OF DELHI AT NEW DELHI
CRIMINAL JURISDICTION
BAIL APPLICATION NO. Details OF Details
IN THE MATTER OF:-
DetailsPETITIONER
VERSUS
THE STATE OF DetailsRESPONDENT
AFFIDAVIT
Affidavit of Details (Parokar), W/o Sh. Details, R/o Gram Details, Details, Bihar, Pin Code-Details, presently at Delhi, do hereby solemnly affirm and declare as under:-
1.That the deponent is the wife of the PETITIONER and is well conversant with the facts of the present bail application and competent to swear this affidavit.
2.That the husband of the deponent is in judicial custody and is unable to come and sign the present affidavit; the present affidavit is, therefore, being filed by the wife/deponent.
3.That the accompanying petition under Section 439 Cr.P.C. has been drafted and filed under my instructions by the counsel for the PETITIONER, and the same has been read over and explained to the deponent in her vernacular, and she has understood the same to be correct.
4.That no other bail application regarding FIR No. Details/Details is pending before any other Court.
DEPONENT
VERIFICATION:
Verified at Delhi on thisday of Details, Details, that the contents of the above affidavit are true to my knowledge, and no part of it is false or incorrect.
DEPONENT
IN THE HON'BLE HIGH COURT OF DELHI AT NEW DELHI
CRIMINAL JURISDICTION
BAIL APPLICATION NO. Details OF Details
IN THE MATTER OF:-
DetailsPETITIONER
VERSUS
THE STATE OF DetailsRESPONDENT
APPLICATION UNDER SECTION 482 Cr.P.C. FOR EXEMPTION FROM FILING CERTIFIED COPIES OF ANNEXURES
MOST RESPECTFULLY SHOWETH:
1.That the PETITIONER has filed the accompanying bail application under Section 439 Cr.P.C., and the contents thereof may kindly be read as part and parcel of the present application, which are not being reproduced herein for the sake of brevity.
2.That, due to paucity of time, the PETITIONER could not obtain certified copies of the annexures. The PETITIONER states that the original copies of all the annexures filed with the above-captioned application are not available with the PETITIONER at this stage, and it shall therefore be in the interest of justice that this Hon'ble Court exempt the PETITIONER from filing certified or original copies of the annexures at this stage. The PETITIONER states that the non-filing of certified copies of the annexures is bona fide and unintentional on the part of the PETITIONER.
3.That some of the documents filed are internet download copies bearing dim impressions and have been filed as such; however, in view of the urgency of the matter, the petitioner prays for exemption from this Hon'ble Court from filing typed copies of the documents at this stage, along with the documents as available.
PRAYER
It is, therefore, most respectfully prayed that the PETITIONER may kindly be granted exemption from filing the certified copies of the annexures, in the ends of justice.
PETITIONER
(IN JUDICIAL CUSTODY)
THROUGH
NEW DELHI
DATED:
COUNSEL
Details & ASSOCIATES
Office No. Details, Details, Delhi-Details
Mob. Details
Email- Details@yahoo.in
IN THE HON'BLE HIGH COURT OF DELHI AT NEW DELHI
CRIMINAL JURISDICTION
BAIL APPLICATION NO. Details OF Details
IN THE MATTER OF:-
DetailsPETITIONER
VERSUS
THE STATE OF DetailsRESPONDENT
AFFIDAVIT
Affidavit of Details (Parokar), W/o Sh. Details, R/o Gram Details, Details, Bihar, Pin Code-Details, presently at Delhi, do hereby solemnly affirm and declare as under:-
1.That the deponent is the wife of the petitioner, who is in judicial custody, and is well conversant with the facts of the case and competent to swear this affidavit.
2.That the accompanying application under Section 482 Cr.P.C. for exemption from filing the certified copies of the orders has been drafted and filed under my instructions by the counsel, and the same has been read over and explained to me in my vernacular, and I have understood the same to be correct.
3.That the contents of the accompanying application are not being reproduced herein for the sake of brevity, which may kindly be read as part of this affidavit.
DEPONENT
VERIFICATION:
Verified at Delhi on thisday of Details, Details that the contents of the above affidavit are true to my knowledge and no part of it is false or wrong.
DEPONENT