SYNOPSIS

That facts involved in this case relate to three important

legal / social questions regarding in Indian Criminal
Justice System. That it is true that Indian Social and
Economic structure is full of Inequalities. On the one
hand, there is a strong polarization/ concentration of
money/resources, and other hand a large section of
society stands on the brink of terrible poverty and hunger.
The person who comes from the poor class of society is
very easy prey/ target for any rich person or syndicates. It
is often seems that criminal/anti-social element present
in the society and they takes advantage on cost of poor
people and push them into terrible world of crime. The
accused/applicant case is fit and living example and
which should be consider sympathetically.
First, applicant/accused is a poor, illiterate youth (Age
about 25 Years) who used to work as an Un-skilled
worker. That the fact clearly shows that prima facie
accused is an innocent and vulnerable. Due to the same
reason he became scape in the Instant case.
Secondly, what should be the criminal liability of
applicant/accused where there is neither direct nor any
corroborative connection between the applicant /accused
an the alleged offence and has nothing to do with the
alleged offence.

Thirdly, that applicant/accused is only 24 Years youth

who is sole bread earner of the family and has old parents
who are heart patient and one sister. Further, the accused
has heavy liability of four people’s maintenance, bread
butter and health including applicant’s old age parents. In
the light of applicant’s clear antecedent, his illiteracy, his
poverty and pitiable condition of applicant’s dependants
and well settled legal principle for granting Bail is balance
in favor of applicant/accused.

The brief facts which have led to the filing of the present
application are as follows:

That the petitioner is the Law Abiding citizen of Delhi and

a sole bread earner of the family who run his livelihood
through daily waging.

The petitioner on 03.12.2018 has gone work and was just

about to return in the evening at around 7:30 to his home
at Mangolpuri when he received call from his father’s
Mobile who informed that Police has asked about you for
some enquiry and asking you to come to Police station
Mangolpuri. As soon as he reached Police station, he was
detained as police alleged that he was among the persons
who have allegedly Attempted murder of one Rajeev. He
told the police that he was not at all present at spot of
incident and there is no role or connection whatsoever in
the alleged commission of Crime.

the police was under the impression that the applicant is

known to actual accused persons so they called the
Applicant over phone to gather information and
whereabout of actual accused persons. On the other
hand, the family members and crowd of 20-25 people
gathered around the police station over Police inaction
and their inablity to arrest the actual accused persons/
perpetrators. So the police was under pressure and hence,
to keep the crowd calm they arrested the Applicant herein
and implicated him into the case who was initially called
just for some inquiry purpose.

That the petitioner has filed bail application which was

put up on 18.12.2018 before Shri Rakesh Kumar Ld. MM
North-west District, Rohini Courts Delhi which was
rejected by the Ld. MM Rohini Courts New Delhi.

That aggrieved with the order dated 18.12.2018, petitioner

has filed bail application before the Ld. Additional
Sessions Judge-03 (North-West District). on 24.12.2018
and the same has been dismissed by the Ld. Additional
Sessions Judge-03 (North-West District) Shri M. R. Sethi .

S.N Chronology of Event Time

o
1. Petitioner has gone for work and At around 7:30
was about to return pm
Victim was attacked by someone At around 7:30
unknown persons around pm
Victim was taken to Hospital and At around 7:45
area Police was informed, while
 MLC was done and subsequently
HC Surrendra informed P.S.
Magolpuri overphone which was
recorded as a D.D. entry.
2. On the basis of D.D. entry and At Around
MLC of Victim an FIR was 8:00 PM on
registered against Unknown 03.12.2018
person
3. Police called Applicant over At Around
phone and asked him to visit 8:00 PM on
Police station to gather 03.12.2018
information regarding the
whereabout of main Accused.
4. Local Crowd gathered around the At around 8:30
Police station to protest against pm - 9:30pm
the Police for their inaction to
arrest the actual Accused
persons
5. Police Illegally detained On 03.12.2018
Applicant without Arrest Memo
and kept in Police station.
6. Police conducted two raids to At around
catch Alleged main Accused 01:30 AM on
Persons on the information given 04.12.2018
by the Petitioner but police failed
to nab them.
7. Applicant was Kept in Police 03.12.2018 -
station Lockup. Though as per 05.12.2018
 prosecution he was arrested on
04.12.2018
8. Applicant was produced before 05.12.2018
this hon’ble court and was given
to Police Remand for one day
9. Applicant was sent to Judicial 06.12.2018
Custody
10. Filed bail application before the 18.12.2014
Ld. Magistrate Concerned but
was rejected.
11. Filed bail application before the 24.12.2018
Ld. Sessions Court against the
Dismissal Order of Ld. Magsitrate
but was also rejected.
12. Petitioner is in Judicial Custody
since then
Hence this Bail Application

--- Through ---

KAMAL SINGH
Advocate for the Applicant
Apartment no. 403, PVC-15,
Jaypee Geens, Sector-128
Noida, Uttar Pradesh
Mobile No. 7017249223
legalclawsindia@gmail.com

Place: Delhi
Date: 29.01.2019