BEFORE THE HON’BLE HIGH COURT OFJHARKHAND AT RANCHI

(Criminal Miscellaneous Jurisdiction)

(B.A. No /2013)

IN THE MATTER OF:

Ravi Shankar Banerjee Petitioner

Versus

State of Jharkhand Opposite Party

Memorandum of Argument submitted on

behalf of the Petitioner

Most Respectfully Showeth:

1. The power that money wields is clearly apparent in this case where
this Petitioner has been framed through a conspiracy only to harass
and humiliate him.
Petitioner Comparison Complainant
i. Consistent First Division Academics A business man
bright student.
ii. Currently enrolled as a
law student
Small family Family Large family
A. Has 2 sisters: Background Brothers are
i. Elder is a teacher at A. Businessmen
 DAV School B. Real Estate
ii. Younger sister is a Agents (Jameen
college student Dalals)
B. Mother is a house wife C. Are active in
C. Father is a simpleton politics
D. Local Dabangs

No case whatsoever Case Record Numerous cases of

against civil as well as
either the Petitioner or any criminal type
member of his family
either currently or ever
before,
whether criminal or civil
Has worked as a Employment Not Applicable
professional with HDFC
Bank
Middle class, simple and Social Class Business class, DO
educated family not seem to attach
such priority to
education
2. Important facts that show that the allegations are incorrect and
concocted is very clearly apparent from the claims of the informant
as well as the police i.e. from the contradictions and facts stated by
the FIR and Case Diary, besides the truth which have shrewdly been
hidden by the police

i) Numerous civilized people of the localities

a. reported as the place of occurrence, as well as
b. the neighbourhood of the Petitioner’s residence,
are ready to vouch for the Petitioner

ii) They are highly dissatisfied with the high handedness of the
police.

iii) No independent witness has supported any of the allegation/s of

the informant though he has himself claimed that the Petitioner
threatened him on 5-6 occasions at the busiest place of Telaiya
town i.e. at Jhanda chowk The only witnesses who have supported
the prosecution story are all brothers of the informant and thus
family members and interested witnesses

iv) Whereas respected people who live and work at Jhanda Chowk
locality (Place of occurrence, a most busy place of town) have
clearly stated before the police that no such incident ever took
place, nor any person like the Petitioner is expected to behave like
this. Their statements were duly heard by the police but none of
them have been brought on record. The aforesaid respected
 persons are ready to vouch for the Petitioner before this Hon’ble
Court and are ready to guarantee that he shall comply with all the
conditions ordered by this Hon’ble Court.

v) The concerned girl’s statement has nowhere been recorded

though she is obviously the most necessary party to this case.

vi) The concerned girl lives at Delhi while the Petitioner lives at
Telaiya, District Koderma, Jharkhand

vii) The accusation was that the Petitioner had threatened to harm the
informant’s family during their stay at Telaiya where they had gone
to attend a marriage ceremony. But the informant has long back
returned to Delhi where he lives with his family And under the
circumstances stated herebefore, the possibility of the Petitioner
travelling to Delhi to harass the girl simply does not exist

viii) Even otherwise Delhi police is capable enough to provide

protection from such a harmless and law abiding person as this
Petitioner

ix) One cannot be kept in jail for such a long time only on the basis of
an assumption or an unproved allegation

x) The allegations of this case have not been mentioned at all under
the earlier FIR
xi) At one place the informant claims that he had been confronted and
threatened by the Petitioner 5 or 6 times

xii) While the informant claims that the Petitioner threatened him and
his family

xiii) It is very strange that a person of the background and type of the
petitioner would like to blackmail the family who is well known to
his own family, and whose girl he allegedly wants to marry.
3. Role of Police: The police has not acted impartially and
disinterestedly is clear from the facts that
a. They picked up the Petitioner on 28.01.2013 even before the
FIR was lodged on 29.01.2013
b. They beat up and insult the Petitioner at the lock up
c. They did not produce the Petitioner before the Judicial
Magistrate under the mandated time of 24 hours
d. Though the facts mentioned by the police diary clearly show
that the diary had been completed a lot earlier, the police
clearly delayed the submission of the case diary under a plan to
delay the Bail of this Petitioner
e. However, the Chargesheet was submitted with great speed
before the mandated time for the same purpose
f. Despite unavailability of sufficient evidence the police claimed
that sufficient proof is available
4. List of Dates

09.11.2012 The Petitioner is abused and threatened on phone by the

Informant vide his mobile phone
15.01.2013 The Petitioner is falsely implicated under an FIR lodged with
Delhi Police Cyber Cell
28.01.2013 The Petitioner is taken to police station by the Telaiya police,
beaten and locked up
29.01.2013 A false FIR is concocted and the Petitioner is shown as
arrested
30.01.2013 The Petitioner is taken for medical check up, produced before
the Judicial Magistrate and forwarded to Koderma Jail
Same Day The Petitioner’s father writes to Governor, DGP, DIG and SP
that his son the Petitioner has been taken by the police on
28.01.2013
Same Day The Petitioner’s father lodges a sanha with the SDJM
Feb, 2013 The Petitioner’s father files a Bail Petition before the Ld SDJM
The Ld SDJM, Koderma rejects the Bail Petition
Charge Sheet is submitted
1.03.2013 Bail Petition is filed before Hon’ble Sessions Judge at
Koderma
22.03.2013 Bail Petition is rejected
22.04.2013 This Bail Petition is filed

4. Brief Facts

(a)The Petitioner is a bright student who has consistently achieved a

first division at 10th, 12th , Graduation and LLB Part I exams, and is
currently a student of LLB Part II. He has worked as a professional
 with HDFC bank and is currently trying to write a legal awareness
series. True copies of appropriate certificates and mark sheets are
annexed herewith and marked as Annexure A 1 (Series)
(b)He has no case except where he has been unlawfully framed by the
informant’s family, and had never been to any police station earlier as
he has never been named in any other case
(c) He also belongs to a very cultured, educated, and socially respected
middle class family where he is the only brother and has two sisters
of whom the younger one is a student of graduation with equally good
results, and the elder sister after completing her education equally
successfully works as a teacher at DAV School, at the same township
named Telaiya. His Parents are simple middle class fellows. The
Petitioner’s family has an impeccable track record and there is not
even a single case against any of them at any police station or Court
(d)While the informant’s brothers who have been named by the police
diary and chargesheet as witnesses are local dabangs, real estate
agents (jameen dalals) and are known to threaten, frame and harass
people for their objectives. According to newspaper reports one of
them has recently severely abused and threatened a civilized lady of
the locality. The informant is a resident of Delhi.
(e)Their economic condition is far superior to that of the Petitioner’s
family

5. Brief History
(a)The informant of this case through his mobile phone first
threatened this Petitioner with filthy language, “ravi bahut bura
hoga, last bol raha hun”, and thereafter lodged a false FIR at
Delhi for cyber crime, fully aware of the general environment
post the December rape case that was rightly protested
vociferously by the common people. He however lodged that
case on different ground and never mentioned that they had
been ever threatened by the Petitioner for marriage or money
as alleged by the complainant vide this FIR lodged soon
thereafter, though he alleged vide this FIR, that the threats
have been made for a long time. He thereafter visited his
relatives at the town where his brothers live and used the
opportunity to conspire and frame this Petitioner.

(b)Pursuant to the conspiracy, two police men commonly known to

be from ‘Panther’ division went to the Petitioner’s home on a
motorbike at around 9.30 pm at night, on 28.01.2013, and told
the Petitioner’s family that a case had been lodged against the
Petitioner at Delhi so he was required at the police station for
some ‘formalities’. The Petitioner’s family got worried as they
had no choice but to ask him to go to the Police Station. When
the Petitioner went to the Police Station he was made to sit for
hours together and then past midnight he was taken to the lock
up and beaten up by the police at night.

(c) The Petitioner’s family was shocked and his father repeatedly
pleaded for mercy but he was only given false assurances
 though the beatings and harassments were recurred. After this
had continued for about 24 hours, the subsequent day i.e. on
29.01.2013 at around 10 pm, an FIR was concocted where the
Petitioner was named as an accused under sections 384 and
387 of IPC and shown as arrested the same night. The fact is
that the Petitioner had been taken to police custody about 24
hours earlier to the time he has actually been shown as
arrested i.e. approximately 48 hrs before he was actually
produced before the Judicial Magistrate for the first time. i.e. on
30.01.2013. He was then forwarded to Koderma Jail.

(d)He has been lodged there now for more than 3 months which
has severely affected his moral. He continues to miss his law
classes and is forced to be ashamed and exposed to hardened
convicts for no fault of his.

BEFORE THE HON’BLE HIGH COURT OFJHARKHAND AT RANCHI

(Criminal Miscellaneous Jurisdiction)

(B.A. No /2013)
 IN THE MATTER OF:

An Application Under S 439 & 440

of Code of Criminal Procedure

And

IN THE MATTER OF:

Ravi Shankar Banerjee

S/o Shiv Shankar

CMI Colony, Ward No 13

PO & PS Telaiya

Dist: Koderma, Jharkhand Petitioner

Versus

State of Jharkhand Opposite Party

TO

THE HON’BLE CHIEF JUSTICE OF JHARKHAND HIGH COURT AND HIS

COMPANION JUSTICES OF THE HON’BLE COURT

A Humble Petition on behalf of the Petitioner

MOST RESPECTFULLY SHOWETH:

1. That the Petitioner prays for grant of Bail. He is currently under
custody for about 3 months (84 days on the date of filing this Petition)
in connection with Tilaiya PS case no 20/2013 corresponding to GR
no. 109/13, registered under sections 384, 387 of IPC pending before
the Ld court of SDJM, Koderma

2. That the Petitioner has not moved before this Hon’ble Court for
relief/s sought hereunder and no other ABA / Cr MP, Criminal
Revision, WP Cr is pending on the subject before this Hon’ble Court.

3. That the case of the prosecution in short is that the Petitioner

allegedly threatened the Complainant/ Informant to either marry his
daughter to the Petitioner or pay him Rs five lakhs as rangdari. That
the complainant/ informant is a resident of Delhi who alleged that the
Petitioner threatens him to put acid on him or his family unless he
meets the demands aforementioned. That he has come to Koderma
(place of alleged occurrence) and shall stay there till 10.02.2013 and
prayed for providing security.
A true copy of the Certified copy of the
aforementioned FIR is annexed
herewith and marked as Annexure 1

4. The Petitioner is a bright student who has consistently achieved a

first division at 10th, 12th , Graduation and LLB Part I exams, and is
currently a student of LLB Part II. He has worked as a professional
with HDFC bank and is currently trying to write a legal awareness
series.
 He has no case except by this Complainant, where he has been
unlawfully framed by the informant’s family, and had never been to
any police station earlier as he has never been named in any other
case

He also belongs to a very cultured, educated, and socially respected

middle class family where he is the only brother and has two sisters
of whom
the younger one is a student of graduation with equally good
results, and
the elder sister after completing her education equally
successfully works as a teacher at DAV School, at Telaiya.
His Parents are simple middle class fellows.

The Petitioner’s family has an impeccable track record and there is

not even a single case against any of them at any police station or
Court

5. While the informant’s brothers who have been named by the police
diary and chargesheet as witnesses are local dabangs, real estate
agents (jameen dalals) and are known to threaten, frame and harass
people for their objectives. One of them has very recently harassed
and severely abused a lady from the locality. The informant is a
resident of Delhi.
6. Their economic condition is far superior to that of the Petitioner’s
family

7. The informant of this case through his mobile phone first threatened
this Petitioner on phone with filthy language, and thereafter lodged a
false FIR at Delhi for cyber crime, fully aware of the general
environment post the December rape case that was rightly protested
vociferously by the common people. He thereafter visited his relatives
at the town where his brothers live and used the opportunity to
conspire and frame this Petitioner.

8. Pursuant to the conspiracy, two police men commonly known to be

from ‘Panther’ division went to the Petitioner home on a motorbike at
around pm at night, and told the Petitioner’s family that a case had
been lodged against him at Delhi so he was required at the police
station only for some ‘formalities’. The Petitioner’s family got worried
as they had no choice but to ask him to go to the Police Station.
When the Petitioner went to the Police Station he was made to sit for
hours together and then past midnight he was taken to the lock up
and beaten up by the police at night.

9. The Petitioner’s family was shocked and his father repeatedly

pleaded for mercy but he was only given false assurances though the
beatings and harassments were recurred. After this had continued for
about 24 hours, the subsequent day i.e. on 29.01.2013 at 10 pm, an
FIR was concocted where the Petitioner was named as an accused
 under the above named sections of IPC and shown as arrested the
same night at around 11.30 pm. The fact is that the Petitioner had
been taken to police custody about 48 hours earlier to the time he
has actually been shown as arrested i.e.

10. That
thereafter on the next day i.e. on 30.01.2013 he was produced before
the Judicial Magistrate and forwarded to Koderma Jail. He has been
lodged there now for about 3 months which has severely affected his
moral. He continues to miss his law classes and is forced to be
ashamed and exposed to hardened convicts for no fault of his.

11. That the Petitioner has been named despite the fact that he has
committed no crime whatsoever and therefore this bail petition

12. That even otherwise, S.384 and 387 of IPC have no implication
for this case as. The allegation is therefore concocted The Petitioner
cannot be held liable.

13. And from such a position, this Petitioner humbly submits that

(a)no purpose would be served if this Petitioner is kept at jail as there

is no possibility that he would
i. ever evade the due process of law, or
ii. would tamper with any evidence whatsoever, or
iii. any other way effect the witnesses etc
 For this Petitioner simply doesn’t have the capacity nor any intent nor
need for any of the aforementioned possibilities

(b) Rather the arrest of the Petitioner has occasioned unnecessary

trouble and complications for the reputation, career and moral of
the Petitioner
(c) That the Petitioner is a person of social repute, and has never
been named as accused for any other offence and has never been
prosecuted or arrested herebefore for any reason whatsoever.
(d)That the Petitioner has a career and a family to look after, and
(e)The imprisonment has put an unnecessary and uncalled for
blemish on his track record and affected his moral, and self
respect
(f) And all this due to unsubstantiated allegations as described by the
aforementioned FIR

14. That the accused / Petitioner/ Applicant hereby undertakes to

abide by all the terms and conditions that this Hon’ble Court may
impose upon while granting him bail in the above said case.

15. That the Petitioner moved before the Ld Court of Sessions

Judge, Koderma vide B.P No 128 /2013 which was heard and
disposed off by order dated 22.03.2013 by the Principal Sessions
Judge, Koderma, which order has been impugned by this Petitioner
16. That the Petitioner craves leave from this Hon’ble Court to urge
further grounds at the time of hearing, and to file further Applications/
Petitions as required in his case

PRAYER

Under the facts & circumstances mentioned here

before, this Petitioner most humbly prays that this
Hon’ble Court may be pleased to

(a)Grant bail to the Petitioner in custody in connection

with Tilaiya PS case no 20/2013 corresponding to
GR no. 109/13, registered under sections 384, 387
of IPC pending before the Ld court of SDJM,
Koderma, and

(b)Pass such other order/s that this Hon’ble Court may

deem fit and proper.

AND FOR THIS THE PETITIONER SHALL EVER PRAY

Affidavit
I, Shiv Shankar S/o Late Munna Balwant, R/o CMI Colony, Ward No 13,
PO & PS Jhumri Tilaiya, Dist. Koderma do hereby solemnly affirm and
state as under:

1. That I am the father of the Petitioner, and as such am well aware

of the facts & circumstances of the case
2. That contents of this Petition has been read over and explained
to me in vernacular and I understand the same
3. That the contents of paragraphs to are true and correct to
my knowledge and the contents of paragraphs
derived from the relevant records of this case
4. That the annexures are true copies of their respective originals

Verified at the premises of Hon’ble High Court of Jharkhand, Ranchi

on this 22nd Day of April, 2013

BEFORE THE HON’BLE HIGH COURT OFJHARKHAND AT RANCHI

(Criminal Miscellaneous Jurisdiction)

(B.A. No /2013)
 Index

Sr No Content Page nos

1 Petition with Affidavit
2. Annexure True Copy FIR
1
3. Impugned Order
4. Vakalatnama