Bail Sattar.docx

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Bail Application No……………. of 2012 (Under Section 439 of Criminal Procedure Code) DISTRICT – DEHRADUN Sattar Son of Kayyum, Residence of DakshiniKhalaparShahar Kotwali, Police Station Mujjaffarnagar, Uttar Pradesh. …………. Applicant (In Jail) Versus State of Uttarakhand ………. Opposite Party IN Case Crime No. 77 of 2011 U/s 379, 411of I.P.C. P.S. Nehru Colony, District- Dehradun.

To, The Hon’ble the Chief Justice and his other companion Judges of the aforesaid Court. The humble Application of the above named applicants most respectfully showeth as under:1.

That the full facts and circumstances of case have been given in accompanying affidavit which is the part of this application, it is expedient and necessary in the interest of justice that the applicants may be released on bail in Case Crime No. 77 of 2011 U/s 379, 411of I.P.C. P.S. Nehru Colony, District- Dehradun,

during the pendency of his trial before court below,otherwise the applicant shall suffer irreparable loss and injury. PRAYER It is therefore most respectfully prayed that this Hon'ble Court may very graciously be pleased to release the applicant onBail in Case Crime No. 77 of 2011 U/s 379, 411of I.P.C. P.S. Nehru Colony, District- Dehradun, during the pendency of trial

before court below, otherwise the applicant shall suffer irreparable loss and injury. (VAIBHAV JAIN) Advocate Counsel for applicant

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL AFFIDAVIT IN Criminal Misc. Bail Application No……………. of 2012 (Under Section 439 of Criminal Procedure Code) DISTRICT – DEHRADUN …………. Applicant (In Jail)

Sattar

Versus State of Uttarakhand ………. Opposite Party Affidavit of Guljar Ahmad aged about 36 years Son of Hazi Ahmed,Resident of House No. 1, MihallaKasiyaan, Ward No. 7 KasbeShahpur

District

Mujjafarnagar. (Deponent) I, the deponent named above do here by solemnly affirm and state on oath as under:1.

That the deponent is the brother in law of applicant and doing pairokari on behalf of the applicant in the aforesaid case and as such he is fully acquainted to the facts and circumstances deposed to below.

2.

That this is the first Bail Application on behalf of the applicant before this Hon’ble Court.

3.

That the applicant is in jail since 25.11.2011 in connection with Case Crime No. 77 of 2011 U/s 379, 411of I.P.C. P.S. Nehru Colony,District- Dehradun.

4.

That an FIR lodged by one Neeraj Aggarwal against unknown persons at about 12:15 P.M. on 3.6.2011 at P.S. Nehru Colony Dehradun U/s 379 IPC stating therein that his vehicle namely Max pick-up bearing registration no. U.K.07 3811 which was

parked on the night of 1.6.2011 near by his house and on the next morning when he wake up his vehicle was missing, the engine no. of the said vehicle is 59586 and chasis no. 53332 and make of the said vehicle was of 2007, with the said allegation the FIR was lodged against the unknown persons and on the basis of said FIR the case crime No. 77 of 2011 U/s 379 of IPC was registered at P.S. Nehru Colony, Dehradun. The copy of the FIR dated 3.6.2011 is being filed herewith and marked as Annexure No. 1 to this affidavit. 5.

That it is also submitted here that the aforesaid FIR was lodged against the unknown person however the police has arrested some other person in the different case who named Jabbar who is the brother of the present applicant and thereafter the police with view to arrest Jabbar went to the house of the applicant on 24/25.11.2011 and when the applicant asked to the police personal for making arrest of Jabbar the police become furious with the applicant and thereafter the applicant was also forcibly taken by the police personal alongwith he brother Jabbar in the night of 24/25.11.2011.

6.

That thereafter on the next date i.e. 25.11.2011 the brother of the applicant made an application to the Human Right Commission New Delhi stating therein that the police personal without being any reason forcibly taken the applicant and his brother from their house on 24/25.11.2011 through fax. The copy of the application along with the sending report is being filed herewith and marked as Annexure No. 2to this affidavit.

7.

That the brother of the applicant also sent the application on 28.11.2011 to S.P. Mujjafarnagar, D.M. Mujjaffarnagar, D.I.G. Saharanpur and I.G. Meerut through registered post. The copies of the application 28.11.2011 along with the sending report are being collectively filed herewith and marked as Annexure No. 3to this affidavit.

8.

That on 29.11.2011 the brother of the applicant again sent the similar application/reminder to S.P. Meerut through registered post.The copy of the application dated 29.11.2011 along with the sending report is being filed herewith and marked as Annexure No. 4to this affidavit.

9.

That as apprehended by the brother of the applicant the police party on 29.11.2011allegedly prepared a recovery memo on the joint pointing out of four accused person, a Tata 407 was seized from the jungle in which two engine of the vehicle allegedly stolen by the applicant, 7 tyres and 3 number plates were found which is alleged to be stolen by the applicant along with the other co-accused in respect of vehicle stolen from police station Nehru Colony, Police Station Sahaspur Dehradun. The copy of the recovery memo is being filed herewith and marked as Annexure No. 5 to this affidavit.

10.

That it is also pertinent to bring on record that on the basis of the aforesaid recovery memo the police has implicated the applicant in two other criminal cases i.e. Case Crime NO. 155 of 2011 P.S.Sahaspur U/s 379 of IPC and Case Crime No. 168 of 2011 P.S. Sahaspur U/s 379 of 2011 apart from present case i.e. case crime no. 77 of 2011. The copy of the FIR of case crime No. 155 of 2011 dated 24.9.2011 lodged by Naresh Aggarwal and 168 of 2011 dated 22.10.2011 lodged by Abbas Ahmed are being filed herewith and marked as Annexure No. 6 & 7 to this affidavit. The copy of the FIR no. 77 of 2011 is already been annexed as Annexure No.1 to this affidavit.

11.

That it is relevant to mention here that the said recovery memo was prepared on the public place but no independent or any public witness is there for the alleged recovery memo.

12.

That from perusal of the aforesaid fact it is clear that the applicant has been implicated on the basis of single recovery memo dated 29.11.2011 in the several cases by one stroke by the police.

13.

That it is also submitted her that the said parts of the vehicles which were allegedly recovered on the pointing out of the applicants as well as the other co-accused were not identified, therefore the same cannot be related with the aforesaid criminal cases.

14.

That there is no evidence as well as material available on records which connect the said parts with the aforesaid crime as such there is no incriminating evidence available against the applicants as such the applicant is entitle for bail at this stage.

15.

That from perusal from the telegram as well as the postal receipt it is clear that the applicant was arrested by the police on 24/25.11.2011 from his house and subsequently he has been implicated by the police in several cases by one stroke.

16.

That the applicant belongs to respectable family and he is also running a small business of clothes, therefore he has no concern with the crime.

17.

That the applicant is innocent he has not committed any crime and he has been implicated by the police because of the reason he has resisted the arrest of his brother Jabbar, due to the said reason the police become furious with the applicant and implicated in several cases by one stroke.

18.

That the applicant is law abiding and peace loving citizen and he has no concern with the criminal activities accept further the aforesaid cases applicant has no criminal history.

19.

That the applicant/accused has no concern at all with the present crime and he has been falsely implicated in the present crime.

20.

That the present applicant has not committed any crime as stated in the FIR.

21.

That the Bail Application on behalf of the applicant was moved in the court below but the same has been rejected by Learned Session Judge, Dehradun vide order dated 3.1.2011. The certified

copy of the order dated 3.1.2011 is being filed herewith and marked as Annexure No. 8to this Affidavit. 22.

That there is nobody to look after the family of the present applicant because the applicant is only earning person of his family.

23.

That the applicant under takes before this Hon’ble Court that if the applicant is released on Bail he will never temper the evidence and never try to abscond.

24.

That it is expedient and necessary in the interest of justice that the applicant may kindly be released on bail in Case Crime No. 77 of 2011 U/s 379, 411of I.P.C. P.S. Nehru Colony, DistrictDehradun, during the pendency of trial before court below, otherwise the applicants shall suffer irreparable loss and injury. I, the deponent above named do here by solemnly affirm on oath that the contents of Paragraph

Nos. ……………….…

….…….………………..of the Affidavit are true to my personal knowledge

and

those

of

paragraph

nos……………………………………. of the Affidavit are based on

information

received

and

those

of

paragraph

nos…………………………..of the Affidavit are based on perusal of

records

and

those

of

paragraph

nos

…

…………………………of the Affidavit are based on legal advice, which all I believe to be true, nothing material has been concealed and no part of it is false there in. So help me God

(Deponent) I, Surendra Singh Bisht, Clerk to Mr. Vaibhav Jain Advocate High Court at Nainital, do here by declare that the person making this affidavit and alleging himself to be the deponent is known to me from the perusal of the papers produced before me in this case. Clerk

Solemnly affirmed before me on the

day of

2012 at about

………..a.m./p.m. by the deponent who has been identified by the aforesaid Advocate.

I have satisfied myself by examining the deponent who has fully understood the contents of this affidavit, which has been read over and explained to him by me. OATH COMMISSIONER

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL INDEX IN Criminal Misc. Bail Application No……………. of 2012 (Under Section 439 of Criminal Procedure Code) DISTRICT – DEHRADUN …………. Applicant (In Jail)

Sattar

Versus State of Uttarakhand ………. Opposite Party Sl. No.

Page No.

Particulars

1.

Index

2.

Bail Application

3.

Affidavit

4.

Annexure No. 1:-The copy of the FIR dated

3.6.2011. 5.

Annexure No. 2:-The copy of the application along

with the sending report. 6.

Annexure No. 3:- The copies of the application

28.11.2011 along with the sending report. 7.

Annexure No. 4:- The copy of the application dated

29.11.2011 along with the sending report. 8.

Annexure No. 5:- The copy of the recovery memo.

9.

Annexure No. 6 & 7:- The copy of the FIR of case

crime No. 155 of 2011 dated 24.9.2011 lodged by Naresh Aggarwal and 168 of 2011 dated 22.10.2011 lodged by Abbas Ahmed 10.

Annexure No. 8:- The certified copy of the order

dated 3.1.2011. 11. Dated:

Parcha 2012 (VAIBHAV JAIN) Advocate Counsel for Applicant