IN THE MATTER OF:-
Applicant's name: APPLICANT
VERSUS
THE STATE (NCT OF DELHI): RESPONDENT
FIR No. */20*
U/S: 392, 394, 397, 307, 411, 427, 120B, 34 of IPC
P.S.: Police station
Accused in judicial custody since Date of judicial custody.Month of judicial custody.Year of judicial custody
INDEX
| S.NO. | PARTICULARS | PAGES | C.FEE |
|---|
| 1. | NOTICE OF MOTION | | |
| 4. | LIST OF DATES AND EVENTS | | |
| 5. | APPLICATION UNDER SECTION 483 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 (BNSS) (OLD PROVISION: SECTION 439 CR.P.C.) FOR GRANT OF REGULAR BAIL, ALONG WITH AFFIDAVIT OF THE APPLICANT | | |
| 6. | ANNEXURE A-1 – True copy of FIR No. /201, P.S. Police station, Delhi | | |
| 7. | ANNEXURE A-2 – Copy of the charge-sheet filed in FIR No. /201 | | |
| 8. | ANNEXURE A-3 – Copy of the dismissal order dated 01..20 passed by the learned Special Judge (NDPS)/ASJ, District of dismissal order court District, Court complex of dismissal order court Courts, Delhi | | |
| 9. | APPLICATION UNDER SECTION 528 OF THE BNSS (OLD PROVISION: SECTION 482 CR.P.C.) FOR EXEMPTION FROM FILING CERTIFIED COPIES AND FOR FILING FAIR TYPED COPY OF THE DIM ANNEXURES WITH PRESCRIBED MARGINS, WITH AFFIDAVIT | | |
FILED BY:
Place:
Dated:
Counsel's name
ADVOCATES
Office: Counsel's office address, New Delhi-1100.
Mob. No.: Counsel's mobile number
Email: Counsel's email address
IN THE HIGH COURT OF DELHI AT NEW DELHI
BAIL APPLICATION No. Bail application number OF 2025
IN THE MATTER OF:-
Applicant's name: APPLICANT
VERSUS
THE STATE (NCT OF DELHI): RESPONDENT
FIR No. */20*
U/S: 392, 394, 397, 307, 411, 427, 120B, 34 of IPC
P.S.: Police station
Accused in judicial custody since Date of judicial custody.Month of judicial custody.Year of judicial custody
URGENT APPLICATION
TO,
THE HON'BLE JOINT REGISTRAR,
HON'BLE HIGH COURT OF DELHI,
NEW DELHI.
SIR,
It is most respectfully prayed that the accompanying bail application may kindly be treated as urgent in accordance with the Rules and Regulations of the Sessions Court. The ground of urgency is that regular bail is sought in the said bail application.
FILED BY:
Place:
Dated: Date of filing
Counsel's name
ADVOCATES
Office: Counsel's office address, New Delhi-1100.
Mob. No.: Counsel's mobile number
Email: Counsel's email address
IN THE HIGH COURT OF DELHI AT NEW DELHI
BAIL APPLICATION No. Bail application number OF 2025
IN THE MATTER OF:-
Applicant's name: APPLICANT
VERSUS
THE STATE (NCT OF DELHI): RESPONDENT
FIR No. */20*
U/S: 392, 394, 397, 307, 411, 427, 120B, 34 of IPC
P.S.: Police station
Accused in judicial custody since Date of judicial custody.Month of judicial custody.Year of judicial custody
MEMO OF PARTIES
MR. Applicant's name
S/o Sh. Applicant's father's name
R/o Applicant's residential address,
Applicant's address line
Through his Attorney-holder/Wife: APPLICANT
VERSUS
THE STATE (NCT OF DELHI)
Through SHO, P.S. Police station, Delhi: RESPONDENT
FILED BY:
Place:
Dated:
Counsel's name
ADVOCATES
Office: Counsel's office address
Mob. No.: Counsel's mobile number
Email: Counsel's email address
IN THE HIGH COURT OF DELHI AT NEW DELHI
BAIL APPLICATION No. Bail application number OF 2025
IN THE MATTER OF:-
Applicant's name: APPLICANT
VERSUS
THE STATE (NCT OF DELHI): RESPONDENT
FIR No. */20*
U/S: 392, 394, 397, 307, 411, 427, 120B, 34 of IPC
P.S.: Police station
Accused in judicial custody since Date of judicial custody.Month of judicial custody.Year of judicial custody
NOTICE OF MOTION
TO,
THE STATE (NCT OF DELHI)
Through SHO, P.S. Police station
Dear Sir/Ma'am,
Take notice that the captioned bail application is being filed, which is likely to be listed on Date of listing December, 20Year of listing or on such other date as the Hon'ble Court may direct. A complete paper book, together with the annexures, is enclosed herewith.
Kindly take note of the same.
FILED BY:
Place:
Dated:
Counsel's name
ADVOCATES
Office: Counsel's office address
Mob. No.: Counsel's mobile number
Email: Counsel's email address
IN THE HIGH COURT OF DELHI AT NEW DELHI
BAIL APPLICATION No. Bail application number OF 2025
IN THE MATTER OF:-
Applicant's name: APPLICANT
VERSUS
THE STATE (NCT OF DELHI): RESPONDENT
FIR No. */20
U/S: 392, 394, 397, 307, 411, 427, 120B, 34 of IPC
P.S.: Police station
Accused in judicial custody since Date of judicial custody.Month of judicial custody.Year of judicial custody
BAIL APPLICATION UNDER SECTION 483 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 (OLD PROVISION: SECTION 439 OF THE CrPC) ON BEHALF OF THE APPLICANT, NAMELY Applicant's name, FOR GRANT OF REGULAR BAIL IN FIR NO. */20 UNDER SECTIONS 392, 394, 397, 307, 411, 427, 120B, 34 OF THE IPC, REGISTERED AT P.S. Police station, DELHI.
TO,
THE HON'BLE CHIEF JUSTICE OF THE HIGH COURT OF DELHI AND HIS COMPANION JUDGES OF THE SAID HON'BLE COURT.
The humble application of the above-named Applicant:
MOST RESPECTFULLY SHOWETH:-
1.That the Applicant is a law-abiding citizen of India with deep roots in society. The Applicant has been falsely implicated in FIR No. */20, P.S. Police station, registered under Sections 392/394/397/307/411/427/120B/34 of the IPC. A true copy of FIR No. */20 is annexed hereto as Annexure A-1.
2.That the Applicant/accused is presently in judicial custody since Date of judicial custody.Month of judicial custody.Year of judicial custody in connection with the present FIR. The Applicant has, therefore, filed the present application seeking regular bail under Section 483 of the BNSS (Section 439, CrPC).
3.That the brief facts of the case, as set out in the prosecution case, are as under:-
A.It is the case of the prosecution that on Date of the incident, the Complainant was proceeding from his office to Complainant's destination via Route of travel (one way) in his Swift car bearing registration No. Complainant's car number, carrying approximately ₹Amount of cash carried (₹) in cash and almost an equivalent amount in foreign currency. When the Complainant reached the Location of flyover flyover in his car at around Time of incident p.m., a car of Colour of accused's car colour, an Esteem bearing registration number Accused's car registration number or Accused's car registration number (alternate) (the Complainant could not ascertain the number with certainty), suddenly overtook his car and stopped in front of it. A man wearing a black Clothing worn by assailant, of a height of about Height of assailant and of an age of about Age of assailant years, approached the Complainant holding a pistol in his hand, on seeing which the Complainant centrally locked his car. Thereupon, the said man broke the driver-side window of the Complainant's car by striking it with the butt of the pistol and demanded that the Complainant hand over the bag to him, failing which he threatened to kill him. When the Complainant alighted from the car and protested, the man fired at the Complainant, and the bullet struck his Body part hit by bullet and Body part hit by bullet, whereupon the Complainant was left terrified.
B.It is further the case of the prosecution that the said man took away the bag lying on the back seat of the Complainant's car, which contained ₹Amount of cash in bag (₹) in cash and a folder containing his Document in folder, Document in folder card, Document in folder, Document in folder and a photocopy of his Document photocopied in folder card, along with certain other documents. The accused also took away the other bag, in which his Item in second bag, Item in second bag, his Item in second bag, a photocopy of his Document photocopied in second bag card and Type of photographs in second bag photographs, among other articles, were kept; and he further snatched from the Complainant's hand his Brand of snatched phone phone, of Colour of snatched phone colour, bearing No. Phone number of snatched phone, and fled towards Direction accused fled.
C.It is further the case of the prosecution that the Complainant thereupon telephoned 100 from his other phone, and a police vehicle took him to Hospital where complainant treated, where the Complainant was under treatment. The Complainant states that he can identify the man who shot him and snatched his money, bag and other articles, if the said man is produced before him.
D.That the Applicant was arrayed as one of the co-accused, namely accused no. Accused number of applicant, before the learned Trial Court in the aforesaid FIR, and upon completion of the investigation, the police filed the charge-sheet before the Hon'ble Court in Year charge-sheet filed. The Applicant has been regularly appearing before the learned Trial Court ever since.
E.That the Applicant continued to appear before the learned Court till the year Year applicant last appeared. In Year counsel informed applicant, the learned counsel representing the Applicant informed him that the matter was likely to be compromised, and that the Court would issue notice in the event his appearance was required thereafter.
F.That the Applicant, having no knowledge of legal procedure and acting under the bona fide belief in his counsel's assurance, did not appear before the learned Court subsequently. Owing to a lack of communication with his earlier counsel, and without any deliberate intent to evade the process of law, the Applicant inadvertently remained absent, which resulted in his being declared a Proclaimed Offender.
G.In the last week of Month of applicant's arrest, the Applicant/Accused was arrested by the police officials. The Applicant submits that his absence before the learned Court was neither intentional nor deliberate, but was purely due to his lack of legal understanding and the absence of communication from his counsel.
4.That the Applicant/Accused is an innocent person who has never been convicted in any criminal case, bears a clean record, and has deep roots in society. The charge-sheet in the present FIR has already been filed by the Investigating Officer. A copy of the charge-sheet filed in the present FIR is annexed as Annexure A-2.
5.That the Applicant/Accused had earlier filed an application seeking regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 before the learned Court which dismissed earlier bail Court, Delhi, which was dismissed vide order dated Date of dismissal order, 20. A copy of the order of dismissal of the bail application passed by the learned Judge who dismissed earlier bail Judge is annexed as Annexure A-3.
6.It is submitted that the version of the prosecution is palpably false and blatantly contradictory, as canvassed in the Grounds set out hereinbelow, which are taken without prejudice to one another, and hence the present Regular Bail Application.
-: GROUNDS : -
A.THAT the Applicant is a law-abiding citizen and has been falsely implicated in the present FIR case. The Applicant is currently in judicial custody since Date of judicial custody, 20.
B.THAT the Applicant submits that his absence before the learned Court was neither intentional nor deliberate, but was purely due to his lack of legal understanding and the absence of communication from his counsel. The learned Trial Court failed to appreciate these genuine and bona fide facts, and dismissed the bail application of the Applicant on Date of dismissal order, 20.
C.THAT the investigation in the present FIR was completed long ago and the charge-sheet was filed in Year charge-sheet filed, 20. No recovery is to be effected from the Applicant. Therefore, his further custodial interrogation is not required for any purpose whatsoever.
D.THAT after completion of the investigation, the police filed the charge-sheet, and the Applicant has been regularly appearing before the learned Trial Court ever since.
E.THAT the Applicant continued to appear before the learned Court till the year Year applicant last appeared. In Year counsel informed applicant, the learned counsel representing the Applicant informed him that the matter was likely to be compromised, and that the Court would issue notice in the event his appearance was required thereafter. With the passage of time, the Applicant shifted his residence from Applicant's earlier residence to Applicant's later residence.
F.THAT the Applicant, having no knowledge of legal procedure and acting under the bona fide belief in his counsel's assurance, did not appear before the learned Court subsequently. Owing to a lack of communication with his earlier counsel, and without any deliberate intent to evade the process of law, the Applicant inadvertently remained absent, which resulted in his being declared a Proclaimed Offender. In the last week of Month of applicant's arrest 20, the Applicant/Accused was apprehended and arrested by the police officials.
G.THAT the fact of the Applicant having been declared an absconder does not in itself disentitle him to bail, particularly in the absence of any deliberate or malicious intent to evade the process of law. The Applicant undertakes to scrupulously abide by all conditions imposed by the Hon'ble Court, if released on bail.
H.THAT the delay in the trial is beyond the control of the Applicant, and prolonged incarceration amounts to pre-trial punishment, violative of Article 21 of the Constitution of India.
I.THAT the Applicant is the sole bread-earner of his family, and his family members are wholly dependent upon him for their survival.
J.THAT the Hon'ble Supreme Court and various High Courts have repeatedly emphasised that bail is the rule and jail is the exception, particularly where the trial is likely to take a long time.
K.THAT the latest law laid down by the Hon'ble Apex Court regarding the grant of bail to an accused, in the case of Jalauddin Khan versus Union of India, Criminal Appeal No. 3173 of 2024, reiterated that "Bail is the rule and jail is an exception" is settled law. Even in a case such as the present, where stringent conditions for the grant of bail are prescribed in the relevant statute, the same rule holds good, with the only modification that bail can be granted if the conditions in the statute are satisfied. The rule also means that once a case is made out for the grant of bail, the Court cannot decline to grant bail.
L.THAT the Hon'ble Court in Satender Kumar Antil v. Central Bureau of Investigation & Anr., Miscellaneous Supreme Court Application No. 1849 of 2021, reiterated the principle that the innocence of an accused is presumed through legal fiction, and that it is for the prosecution to establish the guilt of the accused before the Court.
M.THAT the Supreme Court of India, in its judgment in Nikesh Tarachand Shah v. Union of India, (2018) 11 SC 1, observed that an accused person who enjoys freedom is in a far better position to look after his case and properly defend himself than if he were in custody, and that a presumed innocent person must have his freedom to enable him to establish his innocence.
N.THAT it is settled law that "Bail is the rule and jail is the exception." The object of bail is neither punitive nor preventive, but is meant to secure the presence of the accused during the trial.
O.THAT it may not be out of context to point out that the Hon'ble Supreme Court, in the matter of Sanjay Chandra v. CBI, (2012) 1 SCC 40, has once again upheld the fundamental principle of criminal jurisprudence of "bail and not jail", and has observed that it has stated time and again that bail is the rule and committal to jail the exception. It was further observed that the refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution.
7.That the Applicant is ready and willing to furnish surety, to abide by all directions of the Hon'ble Court, and shall not tamper with the evidence or influence the witnesses.
8.That there is no likelihood of the Applicant fleeing from justice or committing any offence while on bail. He has roots in society, a permanent address, and dependent family members.
9.That the Applicant craves liberty to submit that his continued incarceration will severely affect his mental and physical health, and will prevent him from contributing to his family's sustenance.
10.That the Applicant is an innocent and law-abiding citizen, has clean antecedents, has no influence over the prosecution witnesses, and there is no likelihood of his tampering with the said witnesses or the prosecution evidence.
11.That the Applicant is ready and willing to furnish surety to the entire satisfaction of this Hon'ble Court.
12.That Section 483 BNSS (Old Proviso to Section 439 Cr.P.C.) itself provides that while granting anticipatory bail, the Court may impose the condition that such person shall not commit an offence similar to the offence of which he is accused, or of the commission of which he is suspected.
NON-FILING PARA :-
13.That no similar petition has been filed by the Applicant before this Hon'ble Court, the Hon'ble Supreme Court or any other Court.
14.That the annexures filed along with the petition are true copies of their respective originals.
P R A Y E R
It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to:-
a)Grant regular bail to the Applicant Applicant's name and release him on bail in FIR No. FIR number, registered under Sections 392/394/397/307/411/427/120B/34 of IPC at P.S. Police station, in the interest of justice, and on such terms and conditions as this Hon'ble Court may deem fit and proper.
b)Pass any other order as this Hon'ble Court may deem necessary in the facts and circumstances of the present case.
FOR THIS ACT OF KINDNESS, THE APPLICANT SHALL AS IN DUTY BOUND, EVER PRAY.
DELHIAPPLICANT
(Through Pehredar/Wife)
THROUGH
DATED:
Counsel's name
ADVOCATES
Office: Counsel's office address
Mob. No: Counsel's mobile number
Email: Counsel's email address
IN THE HIGH COURT OF DELHI AT NEW DELHI
BAIL APPLICATION No. Bail application number OF 2025.
IN THE MATTER OF :-
Applicant's name: APPLICANT
VERSUS
THE STATE OF (NCT OF DELHI): RESPONDENT
FIR No. FIR number
U/S: 392, 394, 397, 307, 411, 427, 120B, 34 of IPC
P.S.: Police station
Accused in judicial custody since Date of judicial custody
APPLICATION UNDER SECTION 528 BNSS (OLD PROVISION SECTION 482 Cr.P.C.) FOR EXEMPTION FROM FILING CERTIFIED COPIES AND FAIR TYPED COPIES OF THE DIM ANNEXURES WITH THE PRESCRIBED MARGIN.
MOST RESPECTFULLY SHOWETH:-
1.That the Applicant has filed annexures along with the main bail application in support of the application, and the Annexures referred to filed therewith are true, correct and compared copies of the originals.
2.That the Applicant shall apply for obtaining the certified copies of the Annexures for certified copies and undertakes to file the same as soon as they are made available by the concerned copying agency.
3.That the Applicant has not been able to file the fair typed copies of the dim annexures with the prescribed margin at this stage and is only filing true copies of the same. The Applicant prays to be exempted from filing the above and undertakes to file the same within the time allowed by this Hon'ble Court.
4.That the Applicant has also filed certain annexures along with the application which do not have the required left margin as per the guidelines of this Hon'ble Court. As the Applicant has no option but to file the same as they are, the Applicant, by way of the present application, prays for exemption from filing the said documents in the prescribed format at this stage.
5.That the Applicant, by way of the present application, prays that he may be exempted from filing the above and undertakes to file the same as and when directed by this Hon'ble Court.
PRAYER:-
It is, therefore, most humbly prayed that this Hon'ble Court may kindly be pleased to exempt the Applicant from filing the certified copies and fair typed copies of the annexures, and the true copies filed herewith may kindly be considered for the disposal of the bail application, in the interest of justice.
Any other order as this Hon'ble Court may deem necessary in the facts and circumstances of the present case.
DELHIAPPLICANT
(Through Pehredar/Wife)
THROUGH
DATED:
Counsel's name
ADVOCATES
Office: Counsel's office address
Mob. No: Counsel's mobile number
Email: Counsel's email address
IN THE HIGH COURT OF DELHI AT NEW DELHI
MISC. APP. NO. Miscellaneous application number OF 2025.
IN
BAIL APPLICATION No. Bail application number OF 2025.
IN THE MATTER OF :-
Applicant's name: APPLICANT
VERSUS
THE STATE OF (NCT OF DELHI): RESPONDENT
AFFIDAVIT
Affidavit of Mrs. Deponent's name, W/o Sh. Deponent's husband's name, aged about Deponent's age years, R/o Deponent's address, do hereby solemnly affirm and declare as under:-
1.That I am the Pehredar/Wife of the Applicant in the above-noted case and am well conversant with the facts and circumstances of the case, and as such am competent to swear this affidavit.
2.That the Applicant has gone through the averments made in the accompanying application filed under Section 528 BNSS (Old Provision Section 482 Cr.P.C.) seeking exemption from filing certified copies, and submits that the said application has been drafted by my counsel on my instructions and on the facts as briefed by me.
DEPONENT
VERIFICATION:-
Verified at Delhi on this Date of verification day of December, 20Year of verification, that the contents of the above affidavit are true and correct to my knowledge and nothing material has been concealed therefrom.
DEPONENT
IN THE HIGH COURT OF DELHI AT NEW DELHI
BAIL APPLICATION No. Bail application number OF 2025.
IN THE MATTER OF :-
Applicant's name: APPLICANT
VERSUS
THE STATE OF (NCT OF DELHI): RESPONDENT
AFFIDAVIT
Affidavit of Mrs. Deponent's name, W/o Sh. Deponent's husband's name, aged about Deponent's age years, R/o Deponent's address, do hereby solemnly affirm and declare as under:-
1.That I am the Pehredar/Wife of the Applicant in the captioned case and am well conversant with the facts of the case, and as such am competent to swear this affidavit.
2.That the contents of the accompanying application under Section 483 BNSS (Old Proviso to Section 439 Cr.P.C.) have been read over and explained to me in vernacular language, and having understood the same, I say that the facts stated therein are true to the best of my knowledge and belief and nothing material has been concealed therefrom.
3.That the annexures filed are true/translated copies of their respective originals.
DEPONENT
VERIFICATION:-
Verified at Delhi on this Date of verification day of December, 20Year of verification, that the facts stated in the above Affidavit are true to my knowledge and nothing material has been concealed therefrom.
DEPONENT