Draft of Bail Application Under Section 437 Cr.P.C.

            IN THE COURT OF MS. MANISHA , M.M.

PATIALA HOUSE COURTS, NEW DELHI.

                            Bail Application No._________of  2022

IN THE MATTER OF:

Inder Pal                                          ….Applicant / Accused

Vresus

The   State                                        ….Respondent

FIR NO. 74/22

U/S. 363, IPC

P.S. SAGAR PUR

APPLICATION UNDER SECTION 437, CRIMINAL PROCEDURE CODE, 1973 FOR BAIL ON BEHALF OF THE ACCUSED, INDER PAL 

The accused above-named most respectfully showeth:-

1. That the accused / applicant was arrested by the police on 27.04.2022 and is in judicial custody since then.
2. That on the basis of the statements of the complainant, Mrs. X W/o Sh. Y, an FIR No. 74/22 dated 10.04.2022 was registered at Police Station Sagarpur, New Delhi under Section 363 of IPC wherein she has stated that her daughter namely P aged 13 years along with her friend S aged 14 years is missing who had gone outside of house for some work on 09.04.2022 at about 12:30 pm and did not return till now. Further their physical appearance, the design and colour of their cloths was explained. The complainant stated that someone has taken away the two girls by enticement and lastly prayed for the police search of the girls and initiation of legal actions.

3. That in pursuance of the FIR, the applicant was arrested by the Delhi police in a very dramatic way from Telpur Chauk, P.S. Patel Nagar, Dehradun, Uttarakhand. Firstly, 6 persons of  Delhi police came to the house of the applicant accused on 27.04.2022  at about 3 pm and talked to the wife of the applicant just asking that they wanted to meet Pal ji and they were told that he was at his shop, Telpur Chauk. After reaching there , Delhi police took  the applicant inside their red colour Van without registration number plate. Surprisingly enough, the police has shown the  arrest of the applicant from Delhi for the sole reason of falsely implicating  the applicant in this matter and even the applicant was demanded Rs.20 Lakhs for removal his name in this case by police which the applicant outrightly denied. Thus, the police are trying to get personal and monetary benefit from this situation and manipulating the instant case. A Complaint Case No.110/22 U/s.364 was also got registered on 30.04.2022 in the Police Station Cant, Dehradun by Geeta , W/o. Inderpal regarding the kidnapping of her husband Inder Pal. The copy of FIR along with the complaint copies addressed to the Senior S.P, Dehradun dated 29.04.2022 and the In- charge of Police Station Kotwali, Patel Nagar, Dehradun, Uttarakhand dated 28.04.2022 is enclosed herewith as ANNEXURE-A (Colly.)

4. That the facts of picking up the applicant / accused from Dehradun by some persons are also being verified and confirmed by Md. Irshad , an elected representative, holding the position of  the Head/ Pradhan of the Gram Panchayat, Dehradun, Uttarakhand who has also issued a written letter dated 30.04.2022 on his official pad duly signed and sealed certifying that Inder Pal Sharma , S/o X , R/o X , Dehradun has been detained by some unknown persons and taken away keeping him  inside the vehicle without number . Issuance of such letter by a socially responsible person as Pradhan is also the proof of credibility of the applicant  and his being grounded in  society. The copy of Letter issued by the Pradhan, Gram Panchayat is enclosed herewith as ANNEXURE-B

5. It is pertinent to mention here that the applicant has never come to Delhi and is the permanent resident of Dehradun, Uttarakhan. The applicant is not known to the complaint and the victims. The applicant does not know even any one of the co-accused arrested in this case. In fact, the applicant is surprised to know about this case and his involvement as an accused since he never  took or enticed any minor girl out of the keeping of the lawful guardian of such minor without the consent of her guardian or directed anyone to do the same.

6. That the police has subsequently in the process of the investigation mentioned Sectioin 366 and 372 of IPC in this case which gravity can not be thought out by the applicant being a father of three daughters at his age of 56years. The offences of kidnapping or abducting, or inducing woman to compel her marriage, etc. and  selling minor for purposes of prostitution, etc. are out of imagination of the complainant and the police is totally misguided while implicating the applicant in the instant case.

7. It is pertinent to mention here that there were frequent quarrels and enmity  between the family of the applicant and his neighbor Md. Aman and his wife Manju. Just before a couple of days  Arman and Manjui had been abusing the applicant and his family members which matter was informed at Police Chauki, Dehradun. Police called both the parties and got the matter settled, however, the neighbors in the same night started abusing the applicant and threatened them to eliminate after kidnapping or to get them indulged in a false criminal case. So, there is every possibility of falsely implicating the complainant in the instant case by his neighbor Md. Aman and his wife Mrs. Manju in connivance with the police making the applicant / accused the escape goat.

8. The name of the applicant / accused is nowhere mentioned in the said FIR nor any role has been attributed to him in the matter. If any discloser has been made by any co-accused or any statement has been given against the applicant by the victims and the complainant, the same should be considered in the light of the given facts and circumstances along with the specific role of the complainant in the instant case. The possibility of the nexus between the complainant, enemy neighbor Md. Aman and Mrs. Manju , and the police can not be ruled out and the innocent applicant  might also have been  implicated in  real crime committed by other persons as the applicant does not know any of the co-accused involved in the instant case.
9. That the applicant / accused has been falsely implicated in the instant case by the police as he has nothing to do with the alleged offence.
10. That the applicant / accused is a man of 56 years of age and earns his livelihood by running a shop of DJ and real estate work. He is the father of three sons and three daughters and as such he is having the responsibility of his family based on social values  commanding respect in society. That the accused is a law abiding citizen and belongs to a respectable family.
11. That the applicant / accused is the permanent resident of   Dehradun, Uttarakhand  and there is no chance of his absconding in case he is released on bail.

12. That the accused is not a previous convict and has not been involved earlier in any crime of any nature.
13. That the applicant / accused is ready to join the further investigation as and when he is directed to do so.
14. That first bail application of the applicant was dismissed on 17.05.2022 by this Court with the consideration that the investigation was its initial stage. Now the investigation is complete.
15. That the accused from all accounts is an innocent person.

                PRAYER

It is therefore, respectfully prayed that this Hon’ble Court may graciously be pleased to release the Applicant/Accused on bail during the pendency of this case in the interest of justice.

Any other appropriate relief which this Hon’ble Court may deem fit and proper be also granted

                                                               Applicant / Accused

                                Through

            ( Avinash Nandan Sharma )

                                                                                          Advocate

                      Ch.No. 671, Patiala House Court, New Delhi

                                                           Mob. No. XXX

Place:

Date: