ANTICIPATORY BAIL APPLICATION[CD1]
Section 307, 392,
323, 143, 323, 143, 144, 147, 148, 149 of I.P.C.
IN THE HIGH COURT OF
JUDICATURE AT------
CRIMINAL APPELLATE
JURISDICTION CRIMINAL
ANTICIPATORY BAIL
APPLICATION NO.: - OF 2022
DISTRICT: ----
First Application for Anticipatory bail,
in Hon’ble High Court u / s. 438 of Cr.P.C. in
connection with
Police Station C. R. No. -------------registered
under Section 307, 392, 323, 143, 323, 143, 144, 147, 148, 149 of I.P.C. and
37(1)135 of B. P. Act.
ABC, - Age 45 years, Occ. Business,)
Ram Nagar, Dist. Andheri)
……...Applicant
Versus
THE STATE OF MAHARASHTRA
[Ram nagar Police Station]
……… Respondent
TO,
THE HONORABLE CHIEF JUSTICE AND
THE OTHER HONORABLE COMPANION JUDGES OF
THE HONORABLE HIGH COURT OF JUDICATURE AT BOMBAY.
THE HUMBLE APPLICATION OF THE APPLICANT ABOVENAMED
MOST RESPECTIFULLY SHEWETH:
1. The Applicants approaches this Hon’ble Court
with the prayer that this Hon’ble Court may be pleased to exercised its
jurisdiction under section 438 of Cr. P. C. and this Hon’ble court may be
pleased to release the Applicant above named on bail on any suitable terms and
conditions, as this Hon’ble Court may deem fit and proper, in the event of his
arrest in connection with the Ramnagar East Police Station C. R. No. I – 123 /
2022 registered under Section 307, 392, 323, 143, 323, 143, 144, 147, 148, 149
of I.P.C. and 37(1)135 of B. P. Act.
2. The brief facts of the prosecution case as
revels from F.I.R. are as under: The complainant Ramesh Rao, R/o. Ramnagar has
lodged FIR against the applicant and others on 15/9/2022 at 4:30 a.m. in
respect of the incident that allegedly took place on 15/9/2022 at 2:00 a.m. The
complainant has alleged that he was having love affair with one Ashu, i.e. the
daughter of the present applicant since last 6 month and when her parents came
to know about the same, they stopped her college and tuitions since three month
and therefore the complainant could not meet her and they were communicating on
phone or through SMS. It is alleged that prior to 2 – 3 days the said Ashu
asked the complainant to meet her on 15/9/2022 at 2:00 a.m. It is alleged that
accordingly the complainant went near the house of said Ashu and was waiting
for her; however she did not came. It is alleged that while the complainant was
proceedings towards the house of the said Ashu i.e. Applicant’s house, he was
given blows by sharp edged weapon on his head and back and thereafter he fell
down and he was assaulted by fist blows and at that time he saw the faces of
the assailants. It is alleged that at that time his gold chain and mobile was
snatched.
The complainant has alleged that 1) ABC, 2) DEF, 3)
GHI, 4) JKL, 5) MNO, 6) PQR, 7) STU, 8) UWX and 9) YZA and some others were the
person who assaulted him. The complainant further alleged that the accused
thereafter took him near the house of ABC / Applicant and he was thrown there
and thereafter Police came to the spot and he was taken to the Rural Hospital.
The statement of complainant was recorded and offence was registered against
the Applicant and others vide Ramnagar Police Station C. R. No. I – 123 / 2022
registered under Section 307, 392, 323, 143, 323, 143, 144, 147, 148, 149 of
I.P.C. and 37(1)135 of B. P. Act. Here to annexed and marked as “Exhibit – A ”
is the Copy of the said F.I.R. in Ramnagar Police Station C. R. No. I – 123 /
2022.
3. The Applicant states that the FIR lodge by the
complainant is absolutely false and on the contrary the complainant tried to
outrage the modesty of one Ms. YZA i.e. the niece of the present applicant. She
has contended that she slept in her house along with her family members on that
day and she wake up at about 1:30 a.m. on 15/9/2013 for answering natures call
and while she was proceeding to bathroom, which is at a distance of 50 feet
from her residence, one person i.e. Ramesh Rai hugged her from behind in
indecent manner and she started shouting and her family members gathered and
caught him. At that time while he was trying to escape, he felled down and
sustained injuries on his head. At that time the Applicant made phone call to
police and they took Ramesh along with them and the complainant thereafter
lodged FIR against said Ramesh Rai and on the basis of said complaint offence
came to be registered against said RameshRai vide Ramnagar East Police Station
C. R. No. I – 456 / 2022 under Section 354 of I.P.C. Here to annexed and marked
as “Exhibit – B” is the Copy of the said F.I.R. in Ramnagar Police Station C.
R. No. I – 456 / 2022
4. The Applicant states that after the said
incident one YZA (sister in law of the Applicant) called the police to the said
spot and she immediately went to the Police Station; however instead of
recording complaint of YZA, the Police first recorded the complaint of said
Ramesh Rai and initially the YZA was made to sit in the Police Station and then
she was arrested and some other accused were also came to be arrested
5. The Applicant states that the Applicant was a
councilor of Ramnagar Municipal Council in the last term and presently his wife
is the councilor of said Council. The Applicant states that the Applicant is a
active worker of Shivsena Party and he is also associated with various social
and welfare activities in Ramnagar. The Applicant is falsely implicated in the
alleged office on account of political motive.
6. The Applicant states that in the circumstances
the Applicant preferred an Application for Anticipatory bail bearing No. 555 /
2022 and after hearing both the side the Ld. Addl. Sessions Judge, Kalyan by an
Order dated 30/9/2022 rejected the said Application. The Copy of the said Order
dated 30/9/2022 passed by the Ld. Addl. Sessions Judge, Kalyan below Exh. 1 in
Cri. Anticipatory Bail Appln. No. 555 of 2022 is annexed herewith and marked as
“Exhibit – B”.
7. The Applicant states that the investigation of
the offence has been practically completed considering the facts and
circumstance it cannot be said that any offence u/s. 307 has been made out by
the complainant. The applicant states that for the reasons stated above the
applicant above named has reasons to believe that he may be arrested by the
police on the accusation of having committed anon-bailable offence and
therefore the Applicant approaches this Hon’ble Court for releasing him on bail
in the event of his arrest (anticipatory bail) on the following amongst many
others grounds, which are pleaded without prejudice to one another:
1. That the Applicant is innocent and he is falsely
implicated in the alleged offence. He has nothing to do with the alleged
offence.
2. That assuming the allegations made by the
prosecution true for the sake of argument, the incident occurred in such situation
that it can be seen that there was neither any motive nor intention to kill the
complainant and as such the present applicant cannot said to have committed an
offence punishable u/s. 307 of I.P.C.
3. That the Complainant is residing at Apte Wadi and
where as the accused Applicant are residing at Navin Shinde Wadi and
considering the distance, there was no reason for the complainant to come near
the residence of the Applicant at about 2:00 a.m. and that itself show the mala
fide intentions of the complainant.
4. That the complainant was admitted in hospital
from 15/9/2022 to 26/9/2022 and he has been discharged from the hospital and
even injuries sustained by him are not serious. That apart the alleged weapons
of assault and the mobile has been recovered and as such the presence of the
applicant for custodial interrogation is not necessary.
5. That no overt act what so ever has been
attributed to the present applicant6. That taking in to consideration the
totality of the circumstance by no stretch of imagination it can be said that
the applicant can be held guilty of the offence punishable u/s. 307 of I.P.C.
punishable with death or imprisonment for life.
7. That the Applicant is residing at the address
mentioned herein above, along with his family and as such he will not abscond
anywhere if he is released on bail.
8. The Applicant undertakes that he shall make
himself available for interrogation by the police officer, in connection with
this offence as and when required.
9. That the Applicant was elected as councilor of
Ramnagar Municipal Council and he has been implicated in the said offence with
some mala fide political motive;
10. That offence u/s. 354 of IPC is registered
against the Complainant and it was the Applicant’s sister in law, who made a
phone call to the Police for informing the said incident to police and only on
the basis of phone call made by her, the Police visited the spot.
11. That as per the observation of medical officer,
the complainant sustained the injury due to blunt object and it falsifies the
allegation of the complainant that the injury was caused by a sharp edged
weapon and considering the nature and place of injury the allegations made by
the complainant that he was assaulted from the back side are apparently false and
on the contrary it support the story narrated by Ms. Varsha.
12. That the Applicants craves leave to add, alter
or amend any of the ground aforesaid.
13. That the accused Applicants are ready and
willing to furnish reasonable surety that this Hon’ble court deem fit.
14. That the Applicant is ready and willing to
abide by the terms and conditions put by this Hon’ble court, if he is released
on anticipatory bail.
15. That the accused Applicant will not misuse the
liberty and will not tamper the evidence.
16. That there are no criminal antecedents against
the Applicant.
17. No other application is filed in Supreme Court
or any other Court regarding the Subject matter. In the circumstances aforesaid
the Applicants prays that,
a) The Accused Applicants above named may please be
released on bail in the event of his arrest in connection with Ramnagar Police
Station C. R. No. I – 123 / 2022 registered under Section 307, 392, 323, 143,
323, 143, 144, 147, 148, 149 of I.P.C. and 37(1)135 of B. P. Act. on such terms
and condition as this Honourable Court may deem fit and proper.
b) That pending the hearing and final disposal of
this application the applicant be released on interim bail in the event of his
arrest, in connection with the Ramnagar Police Station C. R. No. I – 123 / 2022
registered under Section 307, 392, 323, 143, 323, 143, 144, 147, 148, 149 of
I.P.C. and 37(1)135 of B. P. Act on such terms & conditions as this Hon’ble
court deem fit and proper;
c) Ad-interim relief, in terms of prayer clause (b)
above, d) And for such other and further relief as the nature and circumstance
of the case may require. AND FOR WHICH ACT OF KINDNESS AND JUSTICE, THE
APPLICANT SHALL AS IN DUTYBOUND EVER PRAY.
MUMBAI
DATED: / / 20
Applicant
SHRI. SHREEKANT V. GAVAND
Advocate for the Applicant
I Shri. ABC, Age - 45 years, the Applicant above
named, residing at village Ramnagar, Dist. Thane do hereby state on solemn
affirmation that what is stated in the above paragraphs is true & correct
to the best of my knowledge & information, which I believe to be true.
Mumbai
Date: / / 20
Applicant I know the deponent.
Advocate for Applicant
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