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MEMO OF PARTIES
Rahul Nath aged about 30 years son of Sh. Aman Nath R/o House No. 226, Lala
Land
….…. Petitioner
Versus
…......Respondent
Lala Land
Dated: 12.07.2021
(Aishani Pattanaik)
P/595/2003
Advocates
Counsel for the Petitioner
First Regular Bail petition under Sections 439 CrPC
RESPECTFULLY SHOWETH:-
implicated in the present FIR, thus is soliciting the concession of regular bail
during the pendency of trial in case FIR No. 156 dated 12.07.2021. The true
Annexure P-1.
2. That the brief facts necessary for the kind perusal of this Hon’ble Court are
as follows:- The present FIR was registered against the petitioner on the
Complaint of respondent No.2 Ms. Seeta Kishan (wife of the deceased Mr.
Ravi Kishan) who alleged that her husband Mr Ravi who left home for
July, 2021 didn’t return home the entire night. Having gotten worried about
her husband’s well-being and whereabouts Ms. Seeta tried reaching out to
his friends, however nobody picked up her calls at such an early hour in the
morning. Having no other alternative Ms. Seeta left for the Godabanda
Temple in search of her husband wherein she found out that her husband
who was present in the temple the entire night had left the temple premises
search around the vicinity of the temple, Ms Seeta discovered the body of
3. That the perusal of FIR would reveal that the petitioner is not named in the
FIR, neither any specific role has been attributed to the petitioner and on top of that
Traces of DNA ( such as fingerprints, hair or other physical traces at the crime
scene) has been retrieved which can implicate the accused beyond reasonable
4. That the petitioner was arrayed as accused in the present FIR on the basis of
a CCTV footage which is the sole evidence in the present case without any
corroboration. The printed image captured in the CCTV footage is annexed herein
as Annexure-P2. The petitioner Mr. Rahul Nath was last seen with the deceased
and this was captured by a camera infront of the ATM on the opposite side of the
road of the temple. However, this isn’t sufficient to implicate the petitioner and
prove his culpability under Section 302 of IPC. The “last seen theory” as a facet of
commit the crime; However, the circumstance of “last seen together” does not by
itself and necessarily lead to the inference that it was the accused who committed
the crime. It is pertinent to note that the application of the “last seen theory”
5. That the petitioner shared an amicable bond with the deceased who himself
was in good terms with everyone and barely had any foes thus there exists no
history of previous enmity between the accused and the deceased. In-fact the
manner of death wherein the body of the deceased was chopped into pieces is
relationship with the deceased. The accused herein shared a cordial relation with
commit such a gruesome act has been retrieved yet by the IO.
deceased having an altercation with someone over the phone. However, on perusal
of the call details it was found that one of the last three calls did originate from the
accused, but the duration of the call was barely 30-40 seconds. So, it is absolutely
preposterous on the prosecution’s part to conclude that it was Rahul Nath with
whom the deceased had a bitter spat thus leading to major discord.
the commission of the offence. Moreover, the accused has a humble background
with barely any social influence or commanding position in the society thereby
dispelling all the reasonable apprehensions that the accused on release may tamper
the chances of the petitioner fleeing the course of justice is also remote given his
8. That the petitioner not being a previous offender may kindly be considered
to be enlarged on regular bail keeping in view the facts and circumstances of the
11. That the petitioner also undertakes that he will not leave the territory of
12. That the petitioner will not misuse concession of bail and will abide by the
13. That the petitioner is ready to furnish bail bonds to the satisfaction of this
Hon’ble Court.
14. That no such or similar petition has earlier been filed by the petitioner either
15. That no such or similar petition with regard to the present FIR is pending
before the Court of Sessions at the time of filing the present petition.
16. Whether the petitioner was/is accused in any other case(s) registered against
17. It is, therefore, respectfully prayed that the present petition may kindly be
allowed and the petitioner may kindly be granted regular bail in case FIR No. 156
dated 12/07/2021, under Section 302 IPC, registered at police station of Lala Land,
the petitioner may kindly be granted ad-interim bail, in the interest of justice,
19. It is further prayed that the petitioner may kindly be exempted from filing
the legible, certified and true typed copies of the Annexures, as the case may be, in
Lala Land
Dated: 15.07.2021
Aishani Pattanaik
P/595/2003
Advocate
Counsels for the Petitioner
…. Petitioner
Versus
State of Punjab
...Respondent
INDEX
Sr. Particulars Date Pages Court fee
No
Urgent Form 14.07.2021 A ---
1. Petition Under Section 439 Cr.P.C. 14.07.2021 1-6 ---
2. Annexure P-1 12.07.2021 7-10 ---
(Copy of FIR N0.05)
3. A photocopy of the CCTV Image
VERNACULAR
3. Annexure P-1 (Copy of FIR) 12.07.2020 35-40 --
4. Power of Attorney - 52 ---
Total Court Fees:- Nil
Lala Land
Dated: 14.07.2021
Aishani Pattanaik
P/595/2003
Advocates
Counsels for the Petitioner