DRAFTING SKILLS II (CRIMINAL PLEADINGS)
COURSE CODE: 2MC611
DRAFTING EXERCISE - REGULAR BAIL APPLICATION
SUBMITTED BY -
17BAL122, SEMESTER VI, DIVISION A.
SUBMITTED TO – COURSE COORDINATOR
ASST. PROF. DEVANG CHHTRAPATI
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thus document is the format for a bail application
What you will learn
- What are the grounds for bail mentioned in the application?
- Why is Mr. Dhiraj Milan seeking bail?
- What are the charges against Mr. Dhiraj Milan?
Typology: Assignments
2019/2020
1 / 8
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DRAFTING SKILLS II (CRIMINAL PLEADINGS)
COURSE CODE: 2MC
DRAFTING EXERCISE - REGULAR BAIL APPLICATION
SUBMITTED BY -
17BAL122, SEMESTER VI, DIVISION A.
SUBMITTED TO – COURSE COORDINATOR
ASST. PROF. DEVANG CHHTRAPATI
IN THE COURT OF SESSIONS, AT DADAR
Bail Application No. 541 of 2020 IN Sessions Court Case No. 1025 of 2020 IN (Dadar Police Station C.R. No. 345 of 2020) Mr.Dhiraj Milan, Aged 21 years, Occupation – worker, Residing at B-10, Status Apartments, Mumbai …Applicant/ Accused Versus State of Maharashtra (Through – Dadar Police Station) …Respondent Charged u/s 372, 373, 376 r/w 34 of I.P.C., u/s 4, 5,6 & 8 of P.I.T.A and u/s 4 & 8 of POCSO Act. BAIL APPLICATION UNDER SECTION 439 OF THE Cr.P.C. It is most respectfully prayed: On behalf of the Applicant above named/ Accused, I beg to state and submit as follows:
1. That, the Applicant/ Accused was arrested on 2nd^ January, 2020 by Police officials of Dadar Police Station for the alleged offence, punishable under Sections 372, 373 and 376 r/w 34 of I.P.C., Sections 4,5,6 and 8 of P.I.T.A Act and produced before the Hon’ble Sessions Court, Dadar and subsequently, was remanded to police custody and judicial
3. It is also submitted that the allegations made against the accused are all false, frivolous and vexatious and lack in the material substance. The accused has nothing to do with the alleged offences and he belongs to a reputed family and earning livelihood by working as a technical worker in a company. The accused is the only bread winner in the family and his old aged parents are dependent on him. The accused is innocent and has been involved falsely due to personal grudges. 4. That by getting the accused arrested the accused has been deprived of his valuable fundamental right of liberty by abuse of legal provisions and process of law by the complainant. That the accused is willing to furnish surety, bail bonds to the satisfaction of this Hon’ble Court on being ordered to be released on bail. 5. That neither any recovery is to be effected from the accused nor is the accused in a position to temper with the prosecution evidence. 6. On behalf of the Applicant/ Accused, I pray for bail on the following amongst other grounds; GROUNDS a) That the Applicant has been falsely implicated in this case. b) That the Applicant is not running any brothel house as stated by the complainant and there are no eye-witnesses in the case who state that he was running a brothel in the house. c) That, the Applicant is not involved in any buying or selling minor girls for prostitution and he is being falsely implicated in this case. d) That, the complainant and her friend had themselves asked for help to the Applicant and it is with full consciousness and with their own consent they accompanied the Applicant to Mumbai. e) That, the complainant has herself stated in her that she came to Applicant as she and her friend was in dire need of money and they came to Mumbai without even informing their parents. f) That, the Applicant is in no way indulged in earning living through prostitution as he is employed in a reputed company as a technical worker and his salary slips may be inquired for the same.
g) That, the raid that was conducted in the house of Applicant was not in accordance with law as Police officer cannot conduct raid under Section 15 without warrant. h) That, the complainant and the friend without even informing the complainant reached the house of manager of the bar and did not respond to the complainant when he tried to contact them to know about their well-being. i) That, there is not even a strong piece of evidence against the Applicant and he is being falsely victimized in the case due to fear of the complainant. j) That, the investigation in this case is over and respective Charge Sheet has also been filed in the Hon’ble Court k) That, the Applicant is in the ‘jail custody’ since one and a half month i.e. 15.01. till date. His further detention will not serve the purpose and his liberty will be unnecessarily curtailed. l) That the Applicant has not filed any Bail Application, prior to this Bail Application, i.e. this is the first Bail Application since his arrest. m) That the Applicant undertakes not to leave the jurisdiction of the state of Maharashtra and India without the orders of the Court. n) That, the accused is a permanent resident of Dadar, Mumbai and if he is enlarged on bail, he will attend the Dadar Police Station as and when required, by this Hon’ble Court. o) That, the Applicant is of 21 years and unmarried and his past antecedent is ‘outstanding.’ p) That, the Applicant agrees to abide by any condition imposed by this Hon’ble Court.
7. That, the Applicant has not filed any other Bail Application before any other Hon’ble Court. 8. That the verification of the Accused be dispensed with, as the Applicant is in the jail custody i.e. Mumbai Central jail. 9. In the view of the foregoing, it is, most respectfully prayed that: (i) the Applicant/ Accused may kindly be admitted to bail on such terms and conditions that his Hon’ble Court, may deem fit and proper; (ii) to pass any further order or orders as this Hon’ble Court, may deem fit and proper;
Annexure ‘A’
- Copy of the F.I.R. filed by the Complainant at the Dadar Police Station.
Annexure ‘B’
- Charge Sheet filed by the Prosecution in the Hon’ble Court.