437 Bail Tej Singh

IN THE COURT OF SH. CHANDER GUPT, A.S.J., KARKARDOOMA COURT, DELHI In Re: State

VERSUS

Tej Singh @ Teja & others F.I.R. No. 119/2004 U/S 364/328/392/302/201/120-B/ 411/419 IPC P.S. Shahdara In

Custody

since

19th

April

2004

N.D.O.H. 27-08-2004 BAIL APPLICATION U/S 437 Cr.P.C. ON BEHALF OF ACCUSED VIJAY KUMAR, S/O SH. ANOKHEY LAL, R/O A-151/A/2, SOM BAZAAR, MANSINGH MARKET, 4 ½ PUSHTA, GAMBRI, DELHI Sir, MOST RESPECTFULLY SHOWETH:1.

That the applicant is the accused in the above noted

case

pending

trial

before

this

Hon'ble

Court and fixed for framing of charge. 2.

That

the

brief

allegations

as

per

prosecution

case against the applicant are as follows:a)

Accused Tej Singh @ Teja was apprehended and he gave a disclosure statement to the police on 1804-2004 that on the day next after the commission of

all

offences

he

along

with

his

co

accused

Rajender came at the residence of the applicant (which is also the residence of accused Rajender) and

Rajender

gave

Rs.

23,000/-

out

of

the

proceeds of the offence to his brother/applicant and told him to start his business. Contd./2

-: 2 :b)

The police arrested the applicant and discovered Rs. 23,000/- from the Chullah kept in Angan of the house of the applicant. (which is also the residence of accused Rajender).

3.

That

the

bare

perusal

of

the

charge

sheet

suggests that the applicant is not involved in any case and he has been implicated falsely by the police officials. 4.

That

the

alleged abduct

involvement conspiracy

him/them

of

to

or

the

kill

to

applicant the

for

deceased

administer

the

or

him/them

to any

stupefying or intoxicating substance or drug or to gain any property from deceased and to cause any

disappearance

of

the

body

of

deceased

is

neither proposed by the prosecution to be proved nor any evidence to this effect is adduced here. 5.

That the accused Rajender is real brother of the applicant and has been residing at A-151/A/2, Som Bazaar,

Mansingh

Market,

4½

Pushta,

Gambri,

Delhi. 6.

That it is the admitted case of the prosecution that

the

place

of

alleged

recovery

i.e.

A-

151/A/2, Som Bazaar, Mansingh Market, 4½ Pushta, Gambri, Delhi, is in common possession, use and enjoyment of the applicant and accused Rajender. 7.

That

the

officials

applicant of

P.S.

was

lifted

Shahdara

on

by

the

police

16-04-2004

and

illegally detained him for 3 days just to harass, torture and falsely implicating him in this case. Contd./3

-: 3 :8.

That applicant has been falsely implicated in the present

case

confession

on

the

statement

basis

made

by

of

disclosure/

the

accused

Tej

Singh on 18-04-2004. 9.

That the applicant is the law abiding citizen and is the sole earning member for his family which consists of two minor sons. It is pertinent to mention here that youngest son of the applicant Master

Suraj

is

Paralyzed

and

needs

constant,

regular and permanent treatment from Safdarjung Hospital. 10.

That the applicant/accused is nothing to do with the alleged offence, and is totally innocent.

11.

That the applicant has earlier applied for the grant

of

bail

before

Additional

District

filing

charge

of

&

the

Hon'ble

Session

judge

sheet

which

was

Court

of

before

the

dismissed

as

withdrawn vide the order passed by the Hon'ble Court of Sh. R.K. Sharma, P.O.L.C., Karkardooma courts, Delhi. 12.

That the applicant/accused is no more required by the police for any further investigation.

13.

That the applicant/accused would neither temper with any evidence nor influence any witness, if released on bail.

14.

That the applicant/accused has clean antecedents and has been neither previously convicted nor any Contd./4

-: 4 :case

is

pending

against

him

in

any

Court

of

Criminal Law. 15.

That

the

applicant

is

a

young

man

who

has

to

fulfill all responsibility of his family and has been languish in jail since 19th of April 2004 in the company of hard criminals. 16.

That

the

applicant/accused

is

ready

to

furnish

the reliable surety to the satisfaction of this Hon’ble Court. It is, therefore, most respectfully prayed that the Hon’ble Court may kindly be pleased to release

the

applicant/accused

on

bail,

in

the

interest of justice.

APPLICANTS/ACCUSEDS

Delhi/Dated:13/08/04

Through: COUNSEL AANCHAL

IN THE COURT OF Ms. REENA SINGH NAG, C.M.M., TIS HAZARI COURTS, DELHI State

VERSUS

Raj Kumar S/o Sh. Chiranji Lal R/o Pind Longwal, Tehsil Longwal, District Sangroor, Punjab. F.I.R. No. 301/2004 U/S

201/202/203/222/223/224/225/

120-B IPC P.S. Sabji Mandi Under Investigation: Special Cell In Custody since 03-09-2004 BAIL APPLICATION U/S 437 Cr.P.C. ON BEHALF OF ACCUSED RAJ KUMAR Sir, MOST RESPECTFULLY SHOWETH:1. That

the

applicant

punishable

U/S

is

booked

for

the

offences

201/202/203/222/223/224/225/120-B

IPC. 2. That all the offences made out against the accused Raj Kumar are bailable and he has been implicated falsely in the above noted case. 3. That the applicant did not offer any resistance or illegal

obstruction

to

the

apprehension

of

the

accused Guru Sewak Singh @ Babla. The applicant did not rescue or attempt to rescue the accused Guru Sewak Singh @ Babla from the custody. 4. That the applicant has been a dutiful and obedient servant in Punjab Police for last more than 25 years and he bears a very clean antecedents. Contd./2 -: 2 :-

5. That

the

applicant

is

the

law

abiding

and

peace

loving citizen and the applicant/accused has nothing to do with the alleged offence, and he is totally innocent. 6. That the applicant/accused is no more required by the police for any further investigation. 7. That the applicant/accused would neither temper with any evidence nor influence any witness, if released on bail. 8. That the applicant/accused has clean antecedents and has been neither previously convicted nor any case is pending against him in any Court of Criminal Law. 9. That the applicant/accused is ready to furnish the reliable surety to the satisfaction of this Hon’ble Court. It is, therefore, most respectfully prayed that the Hon’ble Court may kindly be pleased to release

the

applicant/accused

on

bail,

in

the

interest of justice. Delhi: Dated:09/09/04

APPLICANT (In J.C.) Through: COUNSEL AANCHAL