Application under Section 439 of the Code of Criminal Procedure for regular bail in connection

Advocate Code No:

IN THE HIGH COURT OF GUJARAT AT
AHMEDABAD
District: Ahmedabad

CRIMINAL MISC. APPLICATION No: OF 2020

Name of Applicant
Aged: , Sex: ,
Residing at: B-4

, Ahmedabad
(At present Under Trial Prisoner
At Ahmedabad Central Jail since ..20...)
....Applicant (Original Accused)

Versus

State of Gujarat
(Notice to be served through
The learned Public Prosecutor,
High Court of Gujarat,
Sola, Ahmedabad)

...Respondent

---

Application under Section 439 of the Code of Criminal Procedure for regular bail in connection with the offence registered as C.R.No: 111910242000... of 2020 with Police Station, Ahmedabad.

THE HUMBLE APPLICATION OF THE APPLICANT ABOVE NAMED:

MOST RESPECTFULLY SHEWETH THAT: -

1.

The applicant is arrested in connection with the offence registered as C.R. No: 111910242000... of 2020 with Police Station, Ahmedabad for commission of alleged offences punishable under Section 307 of Indian Penal Code and under Section 135(1) of G.P act. wherein the case of the prosecution is that on dated 14.1.2020 Victim- who is Husband of the complainant, was called by Applicant who is the real brother of deceased for some discuss, and near the gate of the house of the deceased and then after Applicant had given, one knife blow on right side of abdomen of the victim and inter alia containing the said fact complaint came to be logged. A copy of the said FIR dated //20... is annexed herewith and marked as Annexure-A to this application.

2.

The applicant respectfully state that pursuant to their arrest in connection with the aforesaid offence, the applicant had approached the Court of Learned Sessions Judge, Ahmedabad for Regular Bail by way of filing Criminal Misc. Application No: of 20.....which came to be rejected by the Learned Session Judge vide order dated //20.. A copy of the said order dated //20... Along with the memo of bail application is annexed herewith and marked as Annexure-B to this application.

3.

The applicant being aggrieved by the aforesaid order dated //20... approach this Honourable Court for regular bail on following grounds amongst others that may be urged at the time of hearing of this application :-

GROUNDS

(a)

The applicant respectfully state that, the applicant is totally innocent and falsely implicated in the commission of the alleged offence and therefore the indulgence of this Honourable Court is prayed for.

(b)

The applicant respectfully states that, the applicant has not committed any offences as alleged much less offence punishable under Section 307of the Indian Penal Code under Section 135 of G.P act.

(c)

It is respectfully state that, petitioner is the Real brothers of victim and complainant is the sister in laws and all are the coming from close relative moreover allegation of single knife blow abdomen therefore prima facie no single ingredient of Section 307 is attracted therefore at this stage case of the present Application is required to be consider.

(d)

The applicant respectfully state that, the allegation of signal blow in abdominal which clearly shows there is no intention to kill the victim and now, victim is out of danger and discharge from the hospital within two days from the incident therefore interference of this Honourable court is requited.

(e)

The applicant respectfully state that, practically investigation is over and noting remains to investigate moreover the complainant and victim residing at different place therefore no custodial interrogation of the applicant is required therefore also the indulgence of this Honourable Court is prayed for.

(f)

The applicant respectfully state that, there is no apprehension of tampering with the evidence or the witnesses of the prosecution therefore also the indulgence of this Honourable Court is prayed for.

(g)

The applicant respectfully states that, the applicant is the permanent residents of above stated address. It is respectfully stated that, the applicant have their roots in the community and therefore the applicant are not likely to abscond.

(h)

The applicant assures this Honourable Court that, he will abide by all the terms and conditions imposed upon him by this Honourable Court.

4.

The applicant respectfully state that, save and except as stated hereinabove, the applicant has not filed any other application with regard to the subject matter of this application, in this Honourable Court or in the Honourable Supreme Court of India.

5.

The applicant crave leave of this Honourable Court to add, amend, alter, delete and/or rescind any of the aforesaid grounds as and when necessary in the interest of justice.

6.

The applicant respectfully pray that on the basis of the facts and circumstances as mentioned hereinabove and which may be urged at the time of hearing, the Honourable Court may be pleased to:

(A)

Release the applicant on bail in connection with the offence registered as C.R. No: 111910242000... of 20... with Police Station, Ahmedabad on such terms and condition as may be deemed just and proper in the facts and circumstances of the case and in the interest of justice, and

(B)

Grant any other relief or pass any other order which the Honourable Court may consider as just and proper in the facts and circumstances of the case, and

(C)

Dispense with the filing of the affidavit in support of this application as the applicant is in Jail.

Place: Ahmedabad
Date:

Advocate for the Applicant