IN THE COURT OF  LD. CHIEF METROLPOLITAN MAGISTRATE, XXXX COURT, XXXX DISTRICT, NEW DELHI

BAIL APPLICATION NO.__________ OF 20XX

IN THE MATTER OF:

State (XXXX)                            V/s                     XXXX                 

INDEX

APPLICANT

                                                    Through

Date

New Delhi

COUNSEL

IN THE COURT OF  LD. CHIEF METROLPOLITAN MAGISTRATE, SAKET COURT, SOUTH DISTRICT, NEW DELHI

BAIL APPLICATION NO.__________ OF XXXX

IN THE MATTER OF:

State (XXXX)                     V/s             XXXX              

          New Delhi, U/s- 3/7 Essential          Commodities Act, 1995, Sec 3 of      Epidemic Diseases Act, 1897,

Section 420/468/471/188/120B/34 IPC

Applicant is in custody since XXXX

APPLICATION ON BEHALF OF APPLICANT/PETITIONER FOR DIRECTION TO PRESERVE THE CCTV FOOTAGE OF HOTEL XXXX

MOST RESPECTFULLY SHOWETH:-

1.           That the applicant is a law-abiding citizen of India and  Applicant was arrested in FIR No. XXXX, dated XXXX registered with XXXX, New Delhi.

2.           That Applicant XXXX also doing business of procuring and supplying masks & medical gloves under “M/s XXXX” and also under “M/s. XXXX”, wherein he was assisted by Mr. XXXX. During the course of said business of masks & medical gloves, the applicant came in contact with XXXX from Delhi. It is pertinent to mention here that a Sale-Purchase Agreement between M/s. XXXX & XXXX. dt. 9XXXXX was executed and consequential transfer of amount through bank entries on 13.3.XXXX (Rs. XXXX/-), 18.3.XXXX (Rs. XXXX/-), 23.3.XXXX (Rs. XXXX/-) by M/s. XXXX to M/s. XXXX India Pvt. Ltd. Was made which clearly shows that Applicant was in legal business of mask & medical gloves and for that purpose only he along with XXXX had come to Delhi. The copies of the Sale-Purchase Agreement dt. 9XXXXX between M/s. XXXX & M/s. XXXX India Pvt. Ltd. along with bank statements (showing transfer of amount of on 13.3.XXXX, 18.3.XXXX & 23.3.XXXX).

3.           That the applicant on 22XXXXX was staying with XXXX in, at about 10:30 pm, investigation team of Crime Branch Police Station came there under the pretext that arrested accused XXXX in FIR No.XXXX has disclosed the name of XXXX and XXXX. It is pertinent to mention herewith utmost honesty & accountability that during personal interrogation as well as search of XXXX, no incriminating material was found. Even then, right from 10:30 pm on 22XXXXX, both XXXX and XXXX were taken into custody by the investigation team of XXXX. That they were initially taken to XXXX and from there they were brought to XXXX where they were badly beaten, physically tortured and mentally harassed. Shockingly, till 26XXXXX, XXXX was illegally detained in police lock-up without showing his arrest, whereas XXXX was released from illegal detention on 24XXXXX.

4.           That the CCTV footage of XXXX is very much important to prove the innocence of the applicant and therefore to preserve the CCTV Footage for the period of XXXX is very much important to prove the innocence of applicant.

5.           That at this juncture itself it becomes the matter of great importance to mention before this Hon’ble Court that the guidelines laid down in para 35 of D.K.Basu vs. State of West Bengal: (1997) 1 SCC 416 were completely violated. Further to mention in the same way the Hon’ble Supreme Court in Arnesh Kumar vs. State of Maharashtra : (2014) 8 SCC 273 has clearly laid down as under:-

“As per section 41(1)(b)(ii) of Cr.P.C., when offence is punishable upto 7 years imprisonment; Police officer can only arrest a person,

(a)      If he is satisfied that person has committed offence;

(b)     Further he should be satisfied that arrest is necessary

(i)       to prevent commission of further offence OR

(ii)      for proper investigation of offence OR

(iii)     to prevent accused from tampering evidence OR

(iv)     to prevent accused from threatening witnesses OR

(v)      to ensure presence of accused in Court

Police officer has to record reasons in writing.

As per Article 22(2) of the Constitution of India & section 57 of Cr.P.C., within 24 hours of arrest, accused must be produced before Magistrate. If Magistrate is satisfied that arrest is legal [i.e. satisfying requirement u/s.41(1)] then Magistrate authorizes further detention u/s.167 Cr.P.C.. Magistrate has to record his satisfaction in writing. But if Magistrate feels that ‘arrest does not satisfy requirement u/s.41(1) then Magistrate cannot authorize further detention u/s.167 Cr.P.C. and has to release accused.

As per section 41A of Cr.P.C. when arrest of person is not required u/s.41(1), then Police Officer has to give him notice for appearance, then accused is obliged to appear before him. If accused complies with the said notice, then accused cannot be arrested. But, if police officer thinks that “arrest is necessary”. Then by recording reasons in writing, Police Officer can arrest him. Then also conditions in section 41(1)(b)(ii) will apply and it shall be subject to same scrutiny by Magistrate.”

That in the present case of the applicant, the aforesaid decision laid down by the Supreme Court is clearly violated thereby violating his fundamental rights under Article 14, 19(1)(d), (g), 21 & 22 of the Constitution of India.

6.           That it is pertinent to mention thereafter, on 24XXXXX XXXX was freed from illegal detention of XXXXX. That here the question arises, if XXXX & XXXX were together and were picked up on 22XXXXX (at about XX pm)  from Room No. XXXX, then very fact why that XXXX was freed (that too after illegal detention for 48 hours). It is again pertinent to mention here that if XXXX was freed then similarly placed XXXX too ought to have been freed, applying doctrine of parity. But, treating XXXX milking cow, from whom so far Rs.XXXX/- has been extracted as an illegal gratification for showing favour while discharging public duties. That the police machinery started insisting that entire demand of Rs.XXXX /-should be complied, otherwise XXXX shall be fixed in illegal racket of COVIPRI i.e. Remdesivir injections.

7.           That it is shown by the Police that XXXX with 6 Remdesivir injections and XXXX with 6 Remdesivir injections were arrested at is absolutely wrong and with utmost accountability & honesty it is submitted that XXXX never knew XXXX. Further, XXXX was never in possession of 6 vials of COVIPRI i.e. Remdesivir injections and he was not at all with at XXXX, on 25/26XXXXX. Investigation machinery has created completely false record.

8.           That again pertinent to mention from 22XXXXX to 25XXXXX, Applicant was illegally detained, mercilessly beaten in police custody in fragrant violation of his fundamental rights under Article 14, 19(1)(d), 21 of the Constitution of India and directly in the teeth of law laid down by Hon’ble Supreme Court in D.K.Basu vs. State of West Bengal : (1997) 1 SCC 416 and Arnesh Kumar vs. State of Bihar : (2014) 8 SCC 273.

9.           That thereafter on 26XXXXX the applicant was produced before Ld. Duty MM along with remand application by IO, Crime Branch Police Station, Chanakyapuri through video conference, when accused was admittedly in their police custody, and Ld. Duty MM was pleased to grant 3 days PCR to present Applicant i.e. up to 29XXXXX.

That the applicant therefore prays that:-

PRAYERS

It is therefore most humbly prayed before this Hon’ble Court that this Hon’ble Court in the abovementioned facts and circumstances of the present case will be pleased to :-

a)           direct the concern official of XXXX to preserve the CCTV footage for the period between XXXX in the interest of justice;

b)           pass any other appropriate order, that this Hon’ble Court may deem fit and proper.

                                                                                     APPLICANT

                                                    Through

Date

New Delhi                                                                      COUNSEL

,