IN THE COURT OF _________ Add.

Session Judge
Patiala House Court, New Delhi
Bail Application No. ______ of 2109

IN THE MATTER OF:

WASIM KHAN
(In J/C Since 14.06.2018) ... Petitioners
Versus
The State, Govt. Of NCT of Delhi ... Respondent

FIR No: 282/2018

Dated: 14.06.2018
Under Sections: 302/307/34 IPC
PS: Vasant Kunj, New Delhi
NDOH: 04.02.2020
Regular Bail Application UNDER SECTION 439(1) OF
Cr.P.C. 1973 FOR GRANT OF BAIL.
The petitioners/applicants abovenamed.

MOST RESPECTFULLY SHOWETH:

1. That the petitioners seeks regular bail in respect of FIR No.

282/2018 dated 14.06.2018, PS Vasant Kunj, New Delhi for

offences punishable under Sections 302/307/34 of Indian

Penal Code.

2. Following is the prosecution case:

a. That the petitioners are the four accused in the case

set up by the prosecution. As per the prosecution, the

complainant was working as a daily wage labour at

Israel Camp. On 14.06.2018 at about 9:00 AM, the

 accused persons/petitioners were filling up malba

(debris) in the pit near their house.

b. The complainant along with his cousins Danish S/o Sh.

Mansoor Ahmed [hereinafter ‘the deceased’], reached Commented [SD1]: Replace Danish/cousin with Danish at all
places

there and asked them not to put ‘malba’ as it would

cause water logging. On this, all the four accused

started fighting with them.

c. Accused Wasim khan asked his sons to bring knife

from their house so that they could kill the

complainant and his cousin.Thereafter, it is alleged

that the Accused accused Aamir Khan and Kaseem

Khan gave a blow on his chest with the knife.

In order to save himself, complainant raised his hand and Formatted: Font: (Default) Tahoma, 14 pt
Formatted: Normal, Indent: Left: 0.5"

suffered injuries on his right hand.

d. Thereafter, Accused Wasim Khan caught Danish from

behind and accused Kasim Khan hit assaulted on his

chest with a knife. As soon as the knife came out of

chest,and thereafter, the deceased he started

bleeding. [Refer Danish as deceased at all places].

e. Injured Danish fell down unconscious and started

weltering (‘tadapnelaga’). It is further alleged that the

Both the injuredthe complainant and the deceased

were thereafter were taken to AIIMS Trauma Centre.

f. As per the MLC of complainant Suhel Khan, there was

found that there was an incised wound approx 3x0.5

 cm on left anterior chest in 5th ICS just lateral to

sternum.

g. The deceased succumbed to the alleged injuries on the

same day and the Because of the injuries, Danish died.

As per the Post Mortem Report, the cause of death as

per the Post Morterm Report was stated as was

hemorrhagic shock consequent upon antemortem

heart injury.

h. The accused/petitioners were apprehend on ….. dates.

Thereafter, the police completed its investigation and

filed the chargesheet against the petitioner on

_______.

i. Vide order dated, 02.03.2019 this Hon’ble Court was

pleased to frame charges under Section 307/34 and

section 302/34 IPCagainst the petitioners.

j. It may be noted that without prejudice, to their rights

in lawagainst the framing of charges, the petitioners

has have filed this bail application inter alia, on the

following and among other grounds:

GROUNDS

a. Because the alleged injured victim and victims Formatted: Justified

eyewitnesses have been examined and are

discharged by this Hon’ble court.

b. Because the prosecution was unable to explain

the material contradiction between the statement

of the victims and witnesses under S. 164 and S.

 161. It may be noted that under S. 164 CrP.C.

she had notspoken a word regarding ‘physical

relationship/assault’ by the accused. Victims had

given shoddy reasons for the material

discrepancy in their statements which goes on to

show that their testimony cannot be believed as

they are tutored.

b. Because there is no forensic evidence for

establishing any stabbed injury have been

inflicted by thecaused by the alleged weapon

used byrecovered from the the accused. No

blood stains have been found on the alleged

weapon according to the forensic report.The

Reference may be made to the FSL report dated

………. entireprosecution case relies on the

testimony of the injured victim and witnesses.

their evidence have been completed no useful

purpose wouldbe served by keeping the accused

in jail.

c. Because the case of the prosecution is based on

the testimony of the alleged injured witness who

is clearly interested in keeping the accused in

custody so that they could illegally take

possession of the area on which the fight took

place.
d. BECAUSE the investigation is completed and

accordingly charges have been framed against

the petitioners, therefore, no useful purpose

would be served by keeping them in custody

during pendency of the trial, particularly when

there is a presumption of their innocence and

their involvement in alleged crime is being totally

erected based on the false concocted testimony

deposed by the victim and witnesses before this

Hon’ble Court.

e. Because the prosecution case itself is

unbelievable as it has serious contradictions and

thus, prima facie it is submitted that charge

against the petitioner would fall during trial

because of the following:

The injured victim sometimes deposed in

his testimony before the Hon’ble Court that

the wasim khan had caught hold him from

behind and Aamir with the knife had hit on

the chest of the deceased and sometimes

he is saying that the Wasim khan had

caught hold him from behind and Kasim

khan with knife had hit on the chest of the

deceased, which makes the victim’s

testimony untrustworthy.
 As per the complaint, the complainant had Formatted: Justified

stated that the it was Wasim Khan who

had held the deceased and Amir Khan had

assaulted. However, during his evidence

before the Court, the complainant has

stated that the deceased was assaulted by

Kaseem Khan and not Amir Khan.

 Witnessed, Majid in his testimony deposed

under section 161 of the Cr.P.C. that the

voice of the quarrel was coming from the

behind of the house of the Maulana Sakib

but later in before the court under section

164 of the Cr.P.C. he has deposed that the

voice of the quarrel was coming from the

front of the house of the Maulana Sakib.

The said contradiction is not a minor

contradiction as which is may not be

consider a minor contradiction in his two

different testimonies because he is living in

that area/locality for many years which is

nearer to the place where incident had

taken place.

 That the testimony of main injured victim

itself cannot be accepted as a Gospel truth

because in his testimony there is a major

contradiction that he himself deposed that

 the kasim had killed the deceased Danish

by inflicting a grave wound on his chest

with a sharp Knife while Wasim khan had

caught Danish from behind. But later he

deposed in his testimony that the Amir had

hit the deceased Danish with the sharp

knife on his chest while the Wasim khan

had caught the Danish from behind.

f. That the all male family members of the accused

in jail since 14.06.2018 and the all female

members i.e, his sick wife, daughter- in-laws and

grand children are highly depended on them for

their basic needs and for their sustenance.

g. That the dispute was over a pit for which

incident took place and no pre-planning,

intention and knowledge was shown inon the

part of the accused persons. Even assuming the

case of prosecution for the purpose of

arguments, the accused can at best be punished

for the offences punishable under S. 304 part II

and S. 324 IPC respectively.

h. The size of the wound do not match with size of

the knife because as per the post mortem report

the size of the wound is (0.5 * 3) cm and on the Formatted: Highlight

other hand the size of the knife is (1.4 * 9) cm Formatted: Highlight

which apparently shows that the wound was not

 inflicted with the alleged weapon that has been

recovered from the accused. It clearly indicates

that no knife have been used in this entire

incident.

i. That in the body of the deceased Danish no

other sign of other injury had been found in

forensic report which glaring that the there was

no intention or knowledge on the part of the

accused to harm the deceased.

That the incident do not fall in the ambit of the

section 302 of the Indian Penal Code rather it

falls in the ambit of section 304 of the Indian

Penal Code.

 that Formatted: Normal, Line spacing: single, No bullets or

numbering
 PRAYER

It is, therefore, most respectfully prayed that this

Hon’bleCourt may graciously be pleased to:

a) Grant bail to the petitioner and enlarge him from jail

duringthe pendency of trial ;

b) Pass any other order/orders that is deemed fit and

proper in the facts and circumstances of the case.

AND FOR THIS ACT OF KINDNESS THE PETITIONERS

AS

ARE DUTY BOUND SHALL EVER PRAY.

Drawn and Filed by

Chandrashekhar
For
 IN THE COURT OF Ms. _____________, Addl. Session Judge
Patiala House Court, NEW DELHI
Bail Application No._______ of 2019

IN THE MATTER OF:

Waseem Khan ...Petitioner

Versus
The State, Govt. of NCT of Delhi ...Respondent

Affidavit

I, Gupta, Mislim, aged about ___ years, W/o Waseem

Khan, R/o ______, RangpuriPahadi, Israel Camp, New Delhi-

110070

New Delhi do hereby solemnly affirm and declare as under:

1. That I am the pairokar of the petitioner in the above-

mentioned being his Wife and as such well conversantwith

the facts and circumstances of the case. I amcompetent to

swear this affidavit on behalf of the otherpetitioners.

2. That I have read and understood the contents of

theaccompanying application which has been drafted by

mycounsel under my instructions. I understand the contents

ofthe bail application which is explained to me in

vernacularby my counsel. The contents of the

accompanyingapplication are believe to be true and correct.

DEPONENT

VERIFICATION:

Verified at New Delhi on this ___ day of ____________,

2019 that the contents of this affidavit are true and correct to

thebest of my knowledge, no part thereof are false.

DEPONENT