(Accused
in Custody since 07.07.2023)
(Sent
to J.C. on 11.07.2023)
IN
THE COURT OF LD. DISTRICT AND SESSIONS JUDGE, DISTRICT: _______, __________ COURTS, DELHI
BAIL
APPLICATION NO. ____ OF 2023
IN THE MATTER OF:
-
PRIYAM RAHI VS STATE
FIR
NO. RHN-GP-000112A/2023
U/S:
380
IPC
PS:
e-POLICE
STATION BEGUM PUR
INDEX
|
Sr.
No. |
PARTICULARS |
Pg.
No. |
|
1. |
1st
Bail Application U/s 439 of Cr.P.C, 1973 for grant of regular Bail |
|
|
2. |
Annexure-1
(Copy of e-FIR) |
|
|
3. |
Annexure-2
(Copy of the order dated 11.07.2023) |
|
|
4. |
Annexure-2
(Copy of Aadhar Card of the accused) |
|
|
5. |
Vakalatnama
|
|
DELHI Filed By:-
DATED: The LAW DECODERS
India
Kundan
Chandravanshi, Deepak Kardam,
Ravi Chauhan,
Avdesh Kumar
(Advocates)
Off: 175/11,
Parwana Road, Khureji Khas, Delhi-110051
Mob. No.
8178861642
Email: thelawdecoders@gmail.com
(Accused in Custody since 07.07.2023)
(Sent to J.C. on 11.07.2023)
IN THE COURT OF LD. DISTRICT AND SESSIONS JUDGE, DISTRICT: _______, __________ COURTS, DELHI
BAIL APPLICATION NO. ____ OF 2023
IN THE MATTER OF: -
PRIYAM RAHI VS STATE
FIR NO. RHN-GP-000112A/2023
U/S:
380
IPC
PS:
e-POLICE
STATION BEGUM PUR
MEMO
OF PARTIES
GANESH
SONI (AGED 50 YEARS)
S/O SH. LALTA PRASAD,
R/O D-1/E-61/A-127, NAND NAGARI,
NORTH EAST DELHI-110093
……APPLICANT/ACCUSED
VERSUS
STATE
OF NCT OF DELHI
THROUGH SHO/IO,
PS: BEGUM PUR
………………RESPONDENT
DELHI Filed By:-
DATED: The LAW DECODERS
India
Kundan Chandravanshi, Deepak Kardam,
Ravi Chauhan, Avdesh Kumar
(Advocates)
Off: 175/11, Parwana Road, Khureji Khas, Delhi-110051
Mob. No. 8178861642
Email: thelawdecoders@gmail.com
(Accused in Custody since 07.07.2023)
(Sent to J.C. on 11.07.2023)
IN THE COURT OF LD. DISTRICT AND SESSIONS JUDGE, DISTRICT: _______, __________ COURTS, DELHI
BAIL APPLICATION NO. ____ OF 2023
IN THE MATTER OF: -
PRIYAM RAHI VS STATE
FIR
NO. RHN-GP-000112A/2023
U/S:
380
IPC
PS:
e-POLICE
STATION BEGUM PUR
FIRST BAIL APPLICATION
UNDER SECTION 439 OF CODE OF CRIMINAL PROCEDURE, 1973, SEEKING REGULAR BAIL IN
THE ABOVE-CAPTIONED MATTER, ON BEHALF OF THE APPLICANT/ACCUSED NAMELY _________, S/O ________________, R/O __________________________________________
MOST RESPECTFULLY SHOWETH:
-
1. 1. That, this is the first bail
application u/s 439 of Cr.P.C, 1973 seeking regular bail in the FIR No.
RHN-GP-000174/2023, U/S: 380 IPC, PS: e-POLICE STATION BEGUM PUR, filed on
behalf of the applicant/accused.
2. 2. That,
applicant/accused is innocent and has not committed any offence whatsoever. A
copy of the Aadhar Card of the Applicant/Accused is ANNEXURE-1.
3. 3. That, the applicant/accused has not
been named in the present FIR.
4. 4. That,
the present e-FIR was registered by the complainant, Sh. Brij Lal Yadav,
alleging the theft of some jewellery and Rs. 100,000/- cash from his residence
on 10.03.2023, between 2:30 PM to 4:30 PM. A copy of the FIR is ANNEXURE-2.
5. 5. That, during the course of the
investigation, the police arrested the co-accused who, in his disclosure
statement, implicated the applicant/accused as being involved in the commission
of offence mentioned in FIR. Consequently, the applicant/accused was arrested
on 07.07.2023 from his jewellery shop in Nand Nagari.
6. 6. That, the applicant/accused was
produced before the Ld. Magistrate on 08.07.2023, and the police sought one day
of custody to recover the stolen articles. However, despite the custody
granted, no recovery was made. Subsequently, the applicant/accused was produced
before the Magistrate on 09.07.2023, and another day of police custody was
granted for the same purpose.
7. 7. That, furthermore, no
notice under Section 41A of the Code of Criminal Procedure (CRPC) was
served upon the applicant/accused. The offense he is charged with, under Section
380 of the Indian Penal Code (IPC), carries a maximum punishment of up to 7
years.
8. 8. That, the IO, while making the arrest
of the applicant/accused has also violated the guidelines of the Hon’ble
Supreme Court set out in the case of D.K. Basu vs State of West Bengal,
as no arrest memo was prepared or signed by the any of the family members of
the accused or member of his locality.
9. 9. That at this stage, there remains
nothing to be asked or investigated in relation to the applicant/accused.
10. That,
the police have not been able to recover any incriminating evidence from him,
and he has fully cooperated throughout the investigation.
11. That, it is worth mentioning here that on 10.07.2023,
the applicant/accused moved his 1st bail application under section
437 of Criminal Procedure Code, 1973 seeking regular bail in the present FIR,
before the Hon’ble Court of Sh. Navdeep Gupta, Ld. Duty MM, North, Rohini
Courts, Delhi, which was dismissed by the Ld. Magistrate. A copy of the Order dated 10.07.2023, is annexed
herewith as ANNEXURE-3 for the
kind perusal of this Hon’ble Court.
12. That, at
the time of hearing of the said bail application, the IO submitted that Rs.
10,000/- had been recovered from the Applicant/Accused. It is vehemently submitted here that nothing has
been recovered from the possession of the applicant/accused and the said recovery is a planted
recovery for justifying the period of Police Custody taken by the IO in the
name of investigation and recovery.
13. That,
the applicant/accused is an innocent Goldsmith who operates a small jewellery
shop and solely provides for his family.
14. That,
the applicant/accused is 50 years old person and is suffering from age-related
ailments, making him particularly vulnerable.
15. That
the applicant/accused was not named in the e-FIR filed by the complainant.
16. That,
the co-accused who implicated the applicant/accused has a history of habitual
offenses, with multiple pending cases against him, thereby undermining his
credibility and reliability.
17. That,
the applicant/accused has already undergone significant humiliation and mental
agony as a result of his arrest and subsequent custody, which has extended for
more than a week.
18. That,
it is pertinent to note that the presumption of innocence is firmly in
applicant/accused's favour until the prosecution proves his guilt beyond all
reasonable doubts.
19. That,
there is no eye-witness or any kind of public witness in the case, hence there
is no apprehension of accused/applicant influencing or threatening them so as
to dissuade them from disclosing the truth to the Police or Court.
20. That,
the applicant/accused undertakes not to temper with the evidence of the case,
while on bail.
21. That,
the applicant/accused shall be in a better position to make his defence, if he
is released on bail by the Hon’ble Court.
22. That,
it is well-established that Bail Is the General Rule And Jail Is The
Exception.
23. That,
my client is ready and willing to cooperate with the investigation and assures
this Hon'ble Court that he will be available whenever required by the police or
the Court.
24. That,
the applicant/accused shall not outside of the territorial jurisdiction of this
Hon’ble Court while on bail without the prior permission of this court.
25. That,
the applicant/accused is ready and willing to furnish sound surety to the
satisfaction of the Court, if he is released on bail.
26. That,
the applicant/accused is ready to abide by all the terms and conditions imposed
by the Hon’ble Court while granting him bail in the matter.
27. That,
the applicant/accused seeks permission of this Hon’ble Court to argue/submit
any further/additional argument/documents at the time of hearing on this
application.
PRAYER:-
It is, therefore,
most respectfully prayed that this Hon’ble Court may kindly be pleased to allow
the present bail application, and grant regular bail to the applicant/accused
in the FIR No. RHN-GP-000174/2023, U/S: 380 IPC, PS: e-POLICE STATION BEGUM
PUR, in the interest of Justice.
Delhi
Dated:
10.07.2023 Applicant/Accused
Through
The
LAW DECODERS India
Kundan Chandravanshi, Deepak Kardam,
Ravi Chauhan, Avdesh Kumar
(Advocates)
Off: 175/11, Parwana Road, Khureji Khas, Delhi-110051
Mob. No. 8178861642
Email: thelawdecoders@gmail.com
(Accused
in Custody since 07.07.2023)
(Sent
to J.C. on 11.07.2023)
IN
THE COURT OF LD. DISTRICT AND SESSIONS JUDGE, DISTRICT: _______, _______ COURTS, DELHI
BAIL
APPLICATION NO. ____ OF 2023
IN THE MATTER OF:
-
PRIYAM RAHI VS STATE
FIR
NO. RHN-GP-000174a/2023
U/S:
380
IPC
PS:
e-POLICE
STATION BEGUM PUR
LIST OF DOCUMENTS
1. ANNEXURE-1 (Copy of Aadhar Card of the Applicant/Accused)
2. ANNEXURE-2 (Copy of e-FIR in question)
3. ANNEXURE-3 (Copy of order dated 10.07.2023)
4. VAKALATNAMA
DELHI Filed By:-
DATED: The LAW DECODERS
India
Kundan Chandravanshi, Deepak Kardam,
Ravi Chauhan, Avdesh Kumar
(Advocates)
Off: 175/11, Parwana Road, Khureji Khas, Delhi-110051
Mob. No. 8178861642
Email: thelawdecoders@gmail.com
