© LawSikho IN THE COURT OF THE LD. SESSIONS JUDGE. ... IN THE MATTER OF: (Name and details of the accused) '‘ETITIONER/ACCUSED -VERSUS- STATE OF BAIL APPLICATION NO. 2015 IN CRIMINAL CASE NO. .... OF 20....P.S. 20.... Under Sec. 420, 467. 471 IPC An application under Sec. 439 of Code of Criminal Procedure, 1973. prayer for the release of Accused No.1, .............(Name of accused) on bail The humble Petition on behalf of the above named Petitioner. MOST RESPECTFULLY SHOWETH :- 1. The above-named Petitioner is the sole accused in the present case who is currently on interim bail granted by this Hon'ble Court on .......... on medical grounds. The Petitioner qualified her B.A. in English Literature from the 0... College in ........... District, (State) and has© LawSikho thereafter worked in a private company for 6 months till her wedding in 2012. Factual Backgroune 2. The case as per the prosecution is as follows: a. On _... Written information was submitted by : complaining that the Applicant through means of a forged will is claiming to be a beneficiary of the Late Sh. father of the informant, b. On veces itself a case was registered by the police vide: PS. No. ..../20.... under Sec.302, 420, 467 and 471 of the Indian Penal Code (“IPC”) (Copy of FIR dated ... is enclosed herewith as Annexure I) c. The Investigating Officer (“IO”) of this instant case filed chargesheet on ........... against the said Accused and the other Accused under Sec. 420, 467, 471 of the IPC. (Copy of the Chargesheet dated ............. is enclosed herewith as Annexure IT) d. As per the chargesheet, the Accused allegedly fabricated a false will of Late Sh. 22.02... dated .......... bequeathing half of his property to the Accused and the remaining half to the Complainant. The information submitted by the Informant states that a later will was also executed by Late Sh. ... dated which was duly registered with the Sub-Registrar, Jorhat, Assam which bequeathed the whole property of the deceased to the Informant. The deceased died on .. _ but it was only on .. that the Informant got to know that such a forged and fabricated will was in existence as he got to know from his bank that certain properties mentioned in the will were being mortgaged by the Accused© LawSikho e. The charge-sheet further wrongly alleges that the Accused person was evading arrest as was unavailable to the police until ........ on which date she was arrested. Legal Submissions: 3s It is humbly submitted that there are well-established principles governing the court's exercise of discretion under Sec 439 of the Code of un Chandra Se vz Rajesh Ranjan @ Pappu Yadav & nr reported at AIR 2004 SC 1866, Criminal Procedure (“Cr.P.C.*) In the case of Kal ¥ paragraph 11 the Hon'ble Supreme Court held that the power to exercise bail is a discretionary power to be exercised in a judicious manner and not as a matter of course and that in considering an application for bail, justice to both sides governs the judicious exercise of the court's judicial discretion. Further the Hon'ble Supreme Court in the above mentioned case also held that it is also necessary for the court granting bail to consider among other circumstances. the following factors also before granting bail: they are: a. The nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence ‘b. Reasonable apprehension of tampering of the witness or apprehension of threat to the complainant; c. Prima facie satisfaction of the Court in support of the charge. The Hon'ble Supreme Court in the case of Arnosh Kumar v. State (CrL Appeal_ 2014) has laid down several safeguards which need to be satisfied before a person is taken into custody, It is submitted that the Accused has been arrested in contravention to these directions of the@ LawSikho Hon'ble Supreme Court of India and the legality of the arrest of the Accused is being agitated before the Hon'ble Gauhati High Court in WP. (Cr1) 887/2015 which is pending before that Court. Ie is submitted that the Accused has already spent 28 days in judicial custody until the time that she was released on interim bail by this Hon'ble Court on ___ .. on medical grounds. (Certified Copy of the Order daved .......... passed by this Hon’bie Court is enclosed herewith as Annexure IED 6 The Accused is a young married woman and has a clean record and is not named as an accused in any other case. The Accused is suffering from an acute case of peptic ulcers and requires proper treatment in a home environment. The Accused has maintained good behaviour in jail and no complaint about her conduct has been made. The Accused has also complied with the conditions set out in the order of this Hon’ble Court (Date). under. The Accused is suffering from an acute case of peptic ulcers since January 2015 and requires sustained treatment in a home environment for which she has already been granted interim bail on .......... It is submitted that the Accused requires further treatment and therefore, would face tremendous hardships if she is sent to custody. (Copy of Medical Records of the Accused is enclosed herewith as Annexure Iv) 8. The Accused undertakes that she will not either directly or mdirectly make any inducements, threats or promises to any person who is a witness in the case so as to dissuade them from disclosing such facts to the Hon'ble Court or to any other investigative authority or tamper with or destroy any evidence 4 © Addictive Learning Technology Put, Ltd. Any unauthorized ure, circulation or reproduction shall attract suitsble action under applicable Law.© LawSikho It is humbly submitted that the Accused is a permanent resident of the aforesaid locality and has deep roots in society and that there is no chance of her absconding or evading trial. Ik is further submitted that the Accused will abide by any condition imposed on her by this Hon'ble Court and undertakes to present herself before the Court as and when directed. That the Accused is already on interim bail on medical grounds and no useful purpose will be served by keeping the Accused in custody as no recovery or interrogation, etc. is required to be done by the police and the investigation is completed upon the filing of the chargeshest on The Accused is ready and willing to furnish adequate surety in case of her bail and has been granted interim bail on .............. (Date) on one surety of Rs. 20,000/- ‘That this petition is made bona fide for the ends of justice. No prejudice would be caused to the Investigating Agency if the present Petition is not allowed. However, grave prejudice would be caused if the present petition is not allowed. The Petitioner reserves the right to raise additional grounds and address additional arguments at the stage of oral argument. PRAYER In light of the facts and circumstances aforementioned, it is humbly prayed that this Hon'ble Court may be pleased to:@ LawSikho a. Pass an order releasing the Applicant on Bail in Criminal Case No ./20.... arising out of PS. ......... FIR No. .../20...., dated ......... under sections 420, 467, 471 of BC; b. _ Inthe altemative. pass an order granting interim bail to the Applicant for a further period of one month; c. Grant interim bail to the Petitioner in Criminal Case No. ..../20.... arising out of PS. ................ FIR No. .../20...., dated _........ under sections 420, 467, 471 of IPC: d. Pass such order(s) in favour of the Applicant as this Hon'ble Court may deem fit and proper in the interest of Justice. PETITIONER/ACCUSED THROUGH: ADVOCATES 6 © Addictive Learning Tachnology Prt. Ltd. amy unauthorized usa, circulation or reproduction shall attract suitableBAIL APPLICATION NO. 2015 IN CRIMINAL CASE NO. .... OF 20... IN THE MATTER OF: (Name) .PETITIONER/ACCUSED -VERSUS- STATE OF ... oo .RESPONDENTS AFFIDAVIT I e(Name), WO eee 2110 veesseee(address), aged about ..... years, do hereby solemnly affirm and declare: 1. That I am the Petitioner/Accused in the instant case and I am competent to depose to the contents of the present affidavit N That the accompanying Petition has been drafted by the counsel under my instructions. I have read through the same and state that the contents thereof are true to my knowledge 3. The Annexures to the Accompanying Petition are true copies of its original. DEPONENT VERIFICATION: Verified at ............(Place). on this day of __ month, 20.... that the contents of the foregoing affidavit are true and correct to my knowledge, no part of it is false and nothing material has been concealed therfrom.© LawSikho DEPONENT