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This topic cover bail, Thesis of Law

Babu Banarasi Das UniversityLaw

Application for bail is there in that accuses is in jail

Typology: Thesis

2022/2023

Uploaded on 04/17/2023

rakshita-sengar
rakshita-sengar 🇮🇳

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IN THE COURT OF LD. ADDL. CHIEF JUDICIAL
MAGISTRATE-1st, LUCKNOW
Bail Application No. of 2022
Ashish Kumar Singh, son of Shri Vinod Kumar Singh,
resident of Him City Part-2, Near Baba Hospital, Matiyari,
P.S.-Chinhat, District-Lucknow. …
Applicant/Accused
(in jail since 07.06.2022)
Versus
State of U.P. …Opposite Party
F.I.R. No. 0454/2022
U/s 41, 411 I.P.C
P.S: Chinhat
District: Lucknow
FIRST APPLICATION FOR BAIL UNDER SECTION 437
Cr.P.C.
The above named applicant most respectfully submits as
under:
That for the facts, reasons and circumstances
mentioned in the accompanying affidavit it is most
respectfully prayed that this Hon’ble Court may be
pleased to enlarge the applicant on bail in the
abovementioned case and may further be pleased to
pass any other appropriate order in favour of the
applicant, which this Hon’ble Court may deem fit in the
circumstances of the case.
Lucknow
Date: 2022 Applicant/Accused
Through counsel
(Mohd Khalid) (Amit Kr. Yadav)
Advocates
Counsel for the accused
pf3
pf4
pf5

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IN THE COURT OF LD. ADDL. CHIEF JUDICIAL

MAGISTRATE-1st, LUCKNOW Bail Application No. of 2022 Ashish Kumar Singh, son of Shri Vinod Kumar Singh, resident of Him City Part-2, Near Baba Hospital, Matiyari, P.S.-Chinhat, District-Lucknow. … Applicant/Accused (in jail since 07.06.2022) Versus State of U.P. …Opposite Party F.I.R. No. 0454/ U/s 41, 411 I.P.C P.S: Chinhat District: Lucknow FIRST APPLICATION FOR BAIL UNDER SECTION 437 Cr.P.C. The above named applicant most respectfully submits as under: That for the facts, reasons and circumstances mentioned in the accompanying affidavit it is most respectfully prayed that this Hon’ble Court may be pleased to enlarge the applicant on bail in the abovementioned case and may further be pleased to pass any other appropriate order in favour of the applicant, which this Hon’ble Court may deem fit in the circumstances of the case. Lucknow Date: 2022 Applicant/Accused Through counsel (Mohd Khalid) (Amit Kr. Yadav) Advocates Counsel for the accused

IN THE COURT OF LD. ADDL. CHIEF JUDICIAL

MAGISTRATE-1st, LUCKNOW Bail Application No. of 2022 Ashish Kumar Singh, son of Shri Vinod Kumar Singh, resident of Him City Part-2, Near Baba Hospital, Matiyari, P.S.-Chinhat, District-Lucknow. … Applicant/Accused (in jail since 07.06.2022) Versus State of U.P. …Opposite Party F.I.R. No. 0454/ U/s 41, 411 I.P.C P.S: Chinhat District: Lucknow Affidavit In Support of the First Application for Bail under Section 437 of CrPC I, Ashwani Kumar Singh, aged about 31 years, son of Sri Vinod Kumar Singh, resident of Him City Part-2, Near Baba Hospital, Matiyari, P.S.-Chinhat, District-Lucknow, Religion- Hindu, Qualification-literate, Occupation-Private Job, the deponent do hereby solemnly affirm and state on oath as under:

  1. That the deponent is the Brother of the applicant and he is authorized to do pairavi on behalf of the applicant/accused of the case, as such, he is fully conversant with the facts of the case, deposes herein as under:
  2. That at the very outset it is stated that the applicant/accused has been suffering from mental disease and as a result of which the applicant has epileptic seizures/seizures attacks and his mental condition is not normal. Apart from this the applicant/accused has an iron rod implanted in his leg, which was implanted since his leg was broken badly in an accident. For perusal, the copy of the MRI Brain and medical related papers are being filed herewith as Annexure No. 1.

applicant has been falsely implicated in the present case by the police.

  1. That the applicant has never been prosecuted or previously convicted.
  2. That it is pertinent to mention that the police in order to falsely implicate the applicant has deliberately recorded the false statement of the accused persons and shown the false recovery from the applicant, whereas, he was never involved in crime.
  3. That the applicant has not committed any crime as alleged by the police and he has been falsely roped in the aforementioned case.
  4. That the police have shown a false recovery from the applicant only with a view to falsely implicate him in the present case as well as other FIRs lodged against unknown persons, whereas, the applicant has not committed any crime neither he was involved in present case.
  5. That there is no public witness or independent witness to the alleged recovery memo dated 07.06.2022 which creates a doubt on the police story.
  6. That the accused/applicant has not committed any crime under section 379, 41, 411 IPC as alleged in the FIR.
  7. That the applicant is resident of India and there is no likelihood of the applicant to abscond and flee if he is released on bail.
  8. That there is no likelihood of offence being repeated by the applicant, if he is released on bail.
  9. That there is no likelihood of apprehension of the witnesses being influenced by the applicant, if he is released on bail.
  10. That there is no likelihood of justice being thwarted, if the applicant is released on bail.
  1. That the applicant undertakes to cooperate with the trial and will appear on every date, whenever required.
  2. That the accused/applicant is innocent and has been falsely implicated in the present case.
  3. The accused/applicant is innocent and he undertakes that he will not be involved in any crime after his bail.
  4. That the applicant/accused is ready to furnish the sufficient sureties, bonds and personal bonds to the satisfaction of this Hon’ble court.
  5. That the accused/applicant further undertakes that he will never misuse the liberty of bail, if it is granted by this Hon’ble Court.
  6. That the applicant/accused is willing to abide by all the terms and conditions whatsoever imposed by the Hon’ble Court at the time of granting bail.
  7. That in view of the facts and circumstance stated above, it is expedient and necessary, in the interest of justice, that this Hon’ble Court may kindly be pleased to enlarge the accused/applicant on bail, during pendency of trial/investigation of the aforesaid case crime. Lucknow Dated: 20.08.2022 Deponent Verification I, the deponent named above, do hereby verify that the contents of paragraphs no. 1 to 28 of this Affidavit are true to my own knowledge, on the basis of record and legal advice. No part of it is false and nothing has been concealed. Lucknow Dated: 20.08.2022 Deponent IN THE COURT OF LD. ADDL. CHIEF JUDICIAL MAGISTRATE-1st, LUCKNOW Bail Application No. of 2022 Ashish Kumar Singh …Applicant/Accused (in jail since 07.06.2022) Versus