Court Room Exercise: Bail Petition
Court Room Exercise: Bail Petition
Court Room Exercise: Bail Petition
Bail Petition
Submitted by Submitted to :
Semester – 4th
Section - A
V/S
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)
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.
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.
AND
Applicant
Through counsel
Date- 16/05/2018
Place- Ranchi.
V/S
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)
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.
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.
PRAYER
AND
Applicants
Through counsel
Date- 16/05/2018
Place- Ranchi
2017
2. (i) Act: Indian Penal Code, 1860 Sections: 302, 120B r/w 34
8. Basis on which FIR is lodged: Information of untimely death of Mrs. Aastha Singh
Suspected persons – NA
11. Particulars of Injuries sustained: Wound on forehead and heavy blood loss.
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
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
(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/-