IN THE COURT OF SESSION JUDGE, MUMBAI

Bail Application 125/2011

Misc. Application no 256/2013

IN THE MATTER OF:-

Mr. Gaurav Kapoor, Age 56,

Son of Mr. Rajendra Kapoor,
Dy. Inspector General of Police, Maharashtra State,
Resident at F-502, Samrat Ashok Society, Malabar Hill, Mumbai… ........................... Applicant

Versus

State of the Maharashtra ................................................................................................ Respondent

AN APPLICATION FOR THE GRANT OF ANTICIPATORY BAIL U/S 438 OF THE

CRIMINAL PROCEDURE CODE, 1973.

The Humble petition of the petitioner above named most respectfully showeth.

1. That the Applicant is an honourable citizen of India, granted numerous Medals for his service to
the country, and is entitled to fundamental rights under the constitution of India. That the Applicant
is in a part of the Indian Police Services and is of the rank of Dy. Inspector General of Police,
Maharashtra State, and has put in 19 years of service, and during this time has been awarded a
number of medals including the President’s Police Medal for Distinguished Service, Police Medal
for Gallantry, etc.
2. That the CBI Special Case no. 211/2011 stands registered at the Mazgaon police station against
the applicant, Mr. Gaurav Kapoor, Dy. Inspector General of Police, Maharashtra State.
3. That the said FIR is false on at the face of it as no remote distance between the Applicant and the
crime can be constructed.
4. That after the FIR for the offences under section 121 and 124-A of IPC was filed against the well
-known gangster and criminal by the name of “Ahmed”, operating in Maharashtra, Gujarat,
Rajasthan and Delhi; one of the IPS batch mates of the Applicant, Superintendent of Police
Deepak Joshi of Rajasthan Cadre, approached the applicant seeking the prior permission and
assistance to take the gangster into custody.
5. That based on the representation made by SP Deepak Joshi, the Applicant directed Senior Police
Inspector, Detection Crime Branch, Mumbai City, the co-accused (hereinafter referred to as the
Accused) to render necessary assistance to the Rajasthan Police so as to apprehend Latif. At that
time the Applicant was posted as Additional Commissioner of Police, Crime Branch, Mumbai.
6. That under the orders of the Applicant, Senior Police Inspector GSR provider necessary assistance
to a police team of the Rajasthan Police Force headed by SP Deepak Joshi. Subsequently on
23/10/2011 the team assisted by Senior Police Inspector GSR arrested Ahmed from Nanashree
Grand Hotel in Mumbai.
7. That the Rajasthan Police requested the Applicant and the co-accused to provide them necessary
permit and the means to take Ahmed to Jaipur for the purposes of investigation.
8. That the Applicant directed the co-accused to accompany the Rajasthan Police Party and
accordingly they left towards Jaipur. As the convoy of vehicles reached Bhilad check post at
Gujarat State, The Rajasthan Police asked Senior Police Inspector GSR to go back to Mumbai as
they had reached Gujarat and would take assistance from Gujarat Police. Hence the Accused
returned to Mumbai from there. Later it was learnt that Ahmed was killed in an encounter.
9. That from the above stated facts it is evident that the Applicant was not directly or indirectly a part
of any criminal conspiracy and even if there was conspiracy, the acts performed by the Applicant
were well within the ambit of his professional duty. Since what he did was in the pursuance to
carry out his official obligations, hence he cannot be held liable for his action.
10. That there is no prima facie case made out against the applicant, who has been falsely implicated
in this matter. Also that it was only on representations made by accused no. 3 that the Applicant
assisted in Latif’s arrest, on the basis of true and honest belief of the truth and accuracy of the
representation so made.
11. That the Applicant is a Gazetted officer serving as the Dy. Inspector General of police, taking him
into custody would act as a demeanor not only for him in his professional capacity but also to the
State Administration. Further, if the Applicant is taken into custody the furtherance of the State
Administrative machinery will come at a standing halt as the post held by the Applicant is an
important one.
12. That in light of judgment of the Supreme Court in Sidharam Mhetre v. State of Maharashtra
[(2011) 1 SCC 694], power under section 438 of the code of criminal procedure, 1973 should be
exercised to strike balance between a person’s liberty and fair investigation and arrest should be
the last option.
13. That it is in the interest of justice that the applicant is admitted to anticipatory bail in the event of
his arrest.
14. That since the offence is cognizable in nature the applicant undertakes to abide any of condition
imposed by this court for admitting the applicant to anticipatory bail.
15. That the applicant has not preferred any application before this Hon’ble court or any other court
of law with respect to the subject matter.

Prayer
The applicant therefore humbly prays -
1. In the event of arrest of the Applicant, in connection with FIR no. 134/2011, the applicant may be
released on Bail on such terms and conditions as this Hon’ble Court may deem fit and proper;
2. Pending the hearing and final disposal of the present application, interim reliefs may be granted
directing the respondent not to arrest the Applicant;
3. Any other reliefs as the nature and circumstances of the case may require, may kindly be passed.
 Application
Through
Place…
Counsel
Date…
 VERIFICATION

I, Gaurav Kapoor, Dy. Inspector General of Police, Maharashtra State, Mumbai City, Son of
Rajendra Kapoor, resident of F-502, Samrat Ashok Society, Malabar Hill, Mumbai do
hereby solemnly affirm and swear as under:

(1) That I am the accused petitioner above named and I am fully acquainted with
the factsand circumstances of my case.
(2) That the Statements in Paragraphs 1 to 15 of this petition are true to my
knowledge andbelief.
(3) I have signed this verification on this 9th day of October 2013.

Solemnly affirmed by the said Accused on the 9th day of October 2013, at the Courthouse at
Mazgaon.

Before me
Notary/Mag
istrate

(Signature of the Petitioner)

Submitted to:
Shakuntala Sangam
Assistant Professor of Law
Faculty of Jurisprudence

Submitted By:

Yash Bhatnagar
Roll No. 157, Semester V, Section A
B.A. LL.B. (Hons.)