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Court Room Exercise: Bail Petition

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COURT ROOM EXERCISE

Bail Petition

Submitted by Submitted to :

ABHISHEK KR. GAUTAM Mr. SHUBHAM SRIVASTAVA

Semester – 4th

Section - A

Roll no. – 610

NATIONAL UNIVESITY OF STUDY AND RESEARCH IN LAW, RANCHI

Bail Petition Page 0


IN THE COURT OF THE PRINCIPLE DISTRICT AND SESSIONS JUDGE, RANCHI

Bail Petition No ……/2018

(An Application U/S 439 Cr.P.C.)

Shaurya Singh, S/o Late. Vishwanath Singh


R/o H. No. 4 DronVihar Colony, P.S Bariatu,
Dist. Ranchi ……………………………………………………………..……….Petitioner

V/S

State of Jharkhand ………………………………………………………….Opposite party

Humble petition for grant


of regular bail on behalf of
Shaurya Singh

FIR No. 003113


U/s: 302, 120 r/w 34, 194,203
P.S.:Bariatu

APPLICATION UNDER SECTION 439 OF THE CODE OF CRIMINAL PROCEDURE


1973 FOR GRANT OF BAIL ON BEHALF OF THE APPLICANTS

Most Respectfully Submitted :


Bail Petition Page 1
Brief Facts of the Case :

1. The prosecution Story in brief is that on 1 st November, 2017 at around 7:45 PM the
informant (neighbor of shaurya singh) was called by Mr. Shaurya singh stating that
his wife had committed suicide and when the informant entered the shaurya’s house
she saw body of Aastha singh W/o Shaurya singh lying on the floor of their bedroom.
2. It is further alleged that Shaurya and Aastha were experiencing some trouble in their
marital relationship on account of which they both used to fight a lot.It is further
alleged that Shaurya singh wanted a divorce from his wife as he was in love with
another woman and the informant stated that she knows Aastha singh well enough
that she cannot commit suicide on such a trivial matter and she believe someone has
murdered her.
3. That solely on the basis of above allegation the present case has been registered .
( Certified Copy of the F.I.R. has been filed with this application)

Most Respectfully Sheweth :

1. That the present application under S 439 of the Code of Criminal Procedure,1973 is
being filed by the petitioners for seeking grant of bail in FIR No. 003113 registered at
Bariatu P.S. The present petition is being moved as the petitioner has been arrested on
10thNovember, 2017 in connection with the said FIR.
2. That the petitioner has neither moved this learned Court nor the Hon’ble High Court
of Jharkhand for grant of anticipatory bail or regular bail in the present case earlier to
this application.
3. That it is submitted that the allegations made against the accused are false, frivolous
and vexatious and lack in the material substance. The accused has nothing to do with
the alleged offences. The accused belongs to a very reputed family in his locality.
4. That the petitioner is quite innocent and have committed no offence and he has been
falsely implicated in the present case.

Bail Petition Page 2


5. That the petitioner is having very good antecedents, he belongs to good family and
there is no criminal case pending against them.
6. There is no specific allegation imputed to the petitioner.
7. That there is no eye witness available in the present matter who has seen the
petitioner committing the alleged offences.
8. That nothing incrimination and substantial material available on record, connecting
the petitioner with the commission of the alleged offence.
9. That in any view of the matter no charge U/s 302/120 /34,/194/203 of the I.P.C. is
made out against the petitioner.
10. That by getting the petitioner arrested the petitioner has been deprived of his valuable
fundamental right of liberty by abuse of legal provisions and process of law by the
complainant. 
11. That the petitioner is not in position to temper with the prosecution evidence.
12. That the accused further undertakes not to tamper with any prosecution evidence or
terrorize the witnesses. 

13. That Supreme Court in the case Gurucharan Singh v. State1, held that while
exercising discretion, the first and foremost thing to be remembered is that the object
of detention pending criminal proceedings is not punishment and that law favors
allowance of bail which is the rule, and the refusal of it is an exception.

14. That the applicant undertakes that he will not, directly or indirectly make any
inducement, threat or promise to any person acquainted with the facts of the case so
as to dissuade him from disclosing such facts to the Court or to any police officer.
15. That the petitioner undertakes that he/ shall abide by each and every condition
imposed by this learned court
16. That the petitioner is ready to furnish surety and bail bonds to the satisfaction of this
Hon'ble court on being ordered to be released on bail.
17. That the petitioner undertakes not to leave the jurisdiction of state of Jharkhand and
India without the orders of the Court.
18. That other grounds shall be urged at the time of hearing.

1
1978 AIR 179, 1978 SCR (2) 358.

Bail Petition Page 3


PRAYER

It is, therefore most humbly prayed before this Hon’ble Court


that Your Honour may graciously be pleased to grant bail to

the petitioner in connection with FIR No. 003113 registered

at Police Station Bariatu.

AND

For this the petitioner shall ever pray

Mr. Shaurya Singh

Applicant

Through counsel

Abhishek Kr. Gautam

Date- 16/05/2018

Place- Ranchi.

Bail Petition Page 4


IN THE COURT OF THE PRINCIPLE DISTRICT AND SESSIONS JUDGE, RANCHI

Bail Petition No ……/2018

(An Application U/S 439 Cr.P.C.)

Avantika Rana, D/o of Mr. Ajay Rana


R/o Atlantis Club (Opposite to Bercos),
Dist. Ranchi……………………………………………………………..……….Petitioner

V/S

State of Jharkhand ………………………………………………………….Opposite party

Humble petition for grant


of regular bail on behalf of
Avantika Rana

FIR No. 003113


U/s: 302, 120 r/w 34
P.S.:Bariatu

APPLICATION UNDER SECTION 439 OF THE CODE OF CRIMINAL PROCEDURE


1973 FOR GRANT OF BAIL ON BEHALF OF THE APPLICANTS.

Bail Petition Page 5


Most Respectfully Submitted :

Brief Facts of the Case :

1. The prosecution Story in brief is that on 1 st November, 2017 at around 7:45 PM the
informant (neighbor of shaurya singh) was called by Mr. Shaurya singh stating that
his wife had committed suicide and when the informant entered the shaurya’s house
she saw body of Aastha singh W/o Shaurya singh lying on the floor of their bedroom.
2. It is further alleged that Shaurya and Aastha were experiencing some trouble in their
marital relationship on account of which they both used to fight a lot.It is further
alleged that Shaurya singh wanted a divorce from his wife as he was in love with
another woman and the informant stated that she knows Aastha singh well enough
that she cannot commit suicide on such a trivial matter and she believe someone has
murdered her.
3. That solely on the basis of above allegation the present case has been registered .
( Certified Copy of the F.I.R. has been filed with this application)

Most Respectfully Sheweth :

1. That the present application under S 439 of the Code of Criminal Procedure,1973 is
being filed by the petitioners for seeking grant of bail in FIR No. 003113 registered at
Bariatu P.S. The present petition is being moved as the petitioner has been arrested on
10thNovember, 2017 in connection with the said FIR.
2. That the petitioner has neither moved this learned Court nor the Hon’ble High Court
of Jharkhand for grant of anticipatory bail or regular bail in the present case earlier to
this application.
3. That it is submitted that the allegations made against the accused are false, frivolous
and vexatious and lack in the material substance. The accused has nothing to do with
the alleged offences. The accused belongs to a very reputed family in his locality.

4. That the name of the applicant in not mentioned in the FIR.

Bail Petition Page 6


5. That the petitioner is quite innocent and have committed no offence and he has been
falsely implicated in the present case.
6. That the petitioner is having very good antecedents, he belongs to good family and
there is no criminal case pending against them.
7. There is no specific allegation imputed to the petitioner.
8. That there is no eye witness available in the present matter who has seen the
petitioner committing the alleged offences.
9. That nothing incrimination and substantial material available on record, connecting
the petitioner with the commission of the alleged offence.
10. That in any view of the matter no charge U/s 302/120 /34,/194/203 of the I.P.C. is
made out against the petitioner.
11. That by getting the petitioner arrested the petitioner has been deprived of her valuable
fundamental right of liberty by abuse of legal provisions and process of law by the
complainant. 
12. That the petitioner is not in position to tamper with the prosecution evidence.
13. That the accused further undertakes not to tamper with any prosecution evidence or
terrorize the witnesses. 

14. That Supreme Court in the case Gurucharan Singh v. State2, held that while
exercising discretion, the first and foremost thing to be remembered is that the object
of detention pending criminal proceedings is not punishment and that law favors
allowance of bail which is the rule, and the refusal of it is an exception.

15. That the applicant undertakes that he will not, directly or indirectly make any
inducement, threat or promise to any person acquainted with the facts of the case so
as to dissuade him from disclosing such facts to the Court or to any police officer.
16. That the petitioner undertakes that he/ shall abide by each and every condition
imposed by this learned court
17. That the petitioner is ready to furnish surety and bail bonds to the satisfaction of this
Hon'ble court on being ordered to be released on bail.
18. That the petitioner undertakes not to leave the jurisdiction of state of Jharkhand and
India without the orders of the Court.
2
1978 AIR 179, 1978 SCR (2) 358.

Bail Petition Page 7


19. That other grounds shall be urged at the time of hearing.

PRAYER

It is, therefore most humbly prayed before this Hon’ble Court


that Your Honour may graciously be pleased to grant bail to

the petitioner in connection with FIR No. 003113 registered

at Police Station Bariatu.

AND

For this the petitioner shall ever pray

Mrs. Avantika Rana

Applicants

Through counsel

Abhishek Kr. Gautam

Date- 16/05/2018

Place- Ranchi

FIRST INFORMATION REPORT (CERTIFIED COPY)

Bail Petition Page 8


(Under Sec. 154 of CrPC)

1. District:Ranchi Police Station: Bariatu Year:

2017

FIR No: 003113 Date: 01-11-2017

2. (i) Act: Indian Penal Code, 1860 Sections: 302, 120B r/w 34

(ii) Act: Indian Penal Code, 1860 Sections: 194, 203

3. (a) Occurrence of Offence: Day: Wednesday Date: 1st November, 2017

Time period: Time from: 02:00 PM Time to: 08:00 PM

(b) Information received at P.S: Date 1-11-2017, Time:8:30 PM

5. Type of Information: Written /Oral

6. Place of Occurrence:H. No. 4, DronVihar, Ranchi

7. Complainant/Informant: Mrs. Pooja Mishra

8. Basis on which FIR is lodged: Information of untimely death of Mrs. Aastha Singh

9. Details of Known/Unknown/Suspected accused with full particulars:

Suspected persons – NA

10. Reasons for delay in reporting by the complainant/informant: NA

11. Particulars of Injuries sustained: Wound on forehead and heavy blood loss.

12. Particulars of Post Mortem Report: Awaiting response

13. Post Mortem report done by: Dr. Raghav Bansal

14. Inquest report: Inquest report made and annexed herewith.

Bail Petition Page 9


BRIEF FACTS OF THE CASE:

Shaurya called me from my house at around 7:45 PM,as his wife had committed suicide. When I

entered their house I saw Aastha’s body lying on the floor of their bedroom. There was blood on

the floor as well.

Shaurya and Aastha were experiencing some trouble in their marital relationship on account of

which they both used to fight a lot. I know from my sources that Shaurya wanted a divorce from

his wife as he was in love with another woman. I know Aastha well enough that she cannot

commit suicide on such a trivial matter. I believe someone has murdered her. FIR was recorded

subsequently and the area was sealed for further investigation.

(Facts above are to be considered as Fard Bayan of Mrs. Pooja Mishra given to the Police-in-

charge)

A copy of FIR was then handed over to Mrs. Pooja Mishra free of cost.

Sd/- Sd/-

Signature/ Thumb impression of Signature of the officer


Complainant/Informant Name: Aman Singh
Rank: Sub-Inspector

Bail Petition Page 10

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