IN THE HIGH COURT OF DELHI AT NEW DELHI

BAIL APPLICATION No. _______ OF 2025.

IN THE MATTER OF :-

XXXXXXXXXXXXX                                          ​: APPLICANT

VERSUS

THE STATE OF (NCT OF DELHI)                  ​: RESPONDENT

                             FIR No. ***/20***

                                      U/S: 392,394,397,307,411,427,

120B, 34 of IPC

                   P.S.: xxxxxxxxx  

Accused in JC since 25.**.20xx

INDEX

FILED BY:

Place:

Dated:

_______________

ADVOCATES

Office:,_________________-

New Delhi-1100**.

Mob.No____________--

Email: __________________

IN THE HIGH COURT OF DELHI AT NEW DELHI

BAIL APPLICATION No. _______ OF 2025.

IN THE MATTER OF :-

XXXXXXXXXXXXX                                          ​: APPLICANT

VERSUS

THE STATE OF (NCT OF DELHI)                  ​: RESPONDENT

                             FIR No. ***/20***

                                      U/S: 392,394,397,307,411,427,

120B, 34 of IPC

                   P.S.: xxxxxxxxx  

Accused in JC since 25.10.202x

URGENT APPLICATION.

TO,

THE HON’BLE JOINT REGISTRAR,

HON’BLE HIGH COURT OF DELHI,

NEW DELHI.

SIR,

WOULD YOU KINDLY TREAT THE ACCOMPANYING PETITION AS URGENT ONE AS PER THE SESSIONS COURT RULES AND REGULATIONS. THE GROUND OF URGENCY AS BAIL IS PRAYED IN THE BAIL APPLICATION.

FILED BY:

Place:

Dated: _______________

____________________________

ADVOCATES

Office:_________________

New Delhi-1100**.

Mob.No____________

Email: __________________

IN THE HIGH COURT OF DELHI AT NEW DELHI

BAIL APPLICATION No. _______ OF 2025.

IN THE MATTER OF :-

XXXXXXXXXXXXX                                          ​: APPLICANT

VERSUS

THE STATE OF (NCT OF DELHI)                  ​: RESPONDENT

                             FIR No. ***/20***

                                      U/S: 392,394,397,307,411,427,

120B, 34 of IPC

                   P.S.: xxxxxxxxx  

Accused in JC since 25.10.202x

MEMO OF PARTIES

MR. XXXXXXXXXXXXX

S/o Sh__________________

R/o____________________,

_______________________

Through his Perokar/Wife                            : APPLICANT

VERSUS

THE STATE OF (NCT OF DELHI)

Through SHO, PS__________, Delhi           : RESPONDENT

-----------------------------------------------------------------------------------

FILED BY:

Place:

Dated:

____________________________

ADVOCATES

Office:________________

Mob.No. ____________

Email: __________________

IN THE HIGH COURT OF DELHI AT NEW DELHI

BAIL APPLICATION No. _______ OF 2025.

IN THE MATTER OF :-

XXXXXXXXXXXXX                                          ​: APPLICANT

VERSUS

THE STATE OF (NCT OF DELHI)                  ​: RESPONDENT

                             FIR No. ***/20***

                                      U/S: 392,394,397,307,411,427,

120B, 34 of IPC

                   P.S.: xxxxxxxxx  

Accused in JC since 25.10.202x

NOTICE OF MOTION

TO,

THE STATE OF (NCT OF DELHI)

Through SHO, PS___________________

Dear Sirs/Ma’am,

Take note that we are filing the captioned Bail Application, which is likely to be listed on …… December, 20__ or any other date thereafter. A complete paper book along with Annexures is enclosed herewith.

Kindly take note of the same.

FILED BY:

Place:

Dated:

____________________________

ADVOCATES

Office:_________________

Mob.No____________

Email: __________________

IN THE HIGH COURT OF DELHI AT NEW DELHI

BAIL APPLICATION No. _______ OF 2025.

IN THE MATTER OF :-

XXXXXXXXXXXXX                                          ​: APPLICANT

VERSUS

THE STATE OF (NCT OF DELHI)                  ​: RESPONDENT

                             FIR No. ***/20**

                                      U/S: 392,394,397,307,411,427,

120B, 34 of IPC

                   P.S.: xxxxxxxxx  

Accused in JC since **.**.202x

BAIL APPLICATION UNDER SECTION 483 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 (OLD PROVISION 439 OF CRPC) ON BEHALF OF THE APPLICANT NAMELY XXXXXX FOR GRANT OF REGULAR BAIL IN F.I.R. NO. ***/20** U/S 392,394,397,307, 411,427,120B, 34 OF IPC REGISTERED WITH P.S.XXXXXXX , DELHI.

TO,

THE CHIEF JUSTICE OF DELHI HIGH COURT AND HIS COMPANION JUDGES OF THE SAID COURT.

The humble application of

the above named Applicant

MOST RESPECTFULLY SHOWETH:-

1.                 That the Applicant is a law-abiding citizen of India and having deep roots in the society. Applicant has been wrongly and falsely implicated in the FIR bearing No. ***/20**, P.S___________, registered under Sections 392/394/397/307/411/427/ 120B/34 of IPC. True copy of FIR No.***/20** is annexed as Annexure A-1.

2.                 That the Applicant / accused, who is currently in judicial custody since XX.XX.20XX, in connection with the present FIR. Therefore, the Applicant has filed the present application seeking regular bail under Section 483 BNSS (439, CrPC).

3.                 That the brief facts of the case are as under:-

A.               It is the case of prosecution that on 1*.**.2013 Complainant was going from my office to _______ via _______ one way in his car Swift NO-______________ with approximately Rs.XXXXX and almost the same amount of foreign currency and when he reached ______ flyover with his car at around ____ pm, suddenly a _______ Colour of Esteem car having registration number no____or _____ he could not make out the number properly. After overtaking his car, the car stopped in front of his car and a man wearing black _____ and _____, whose height was around _______, complexion was and age was around ______ years, came towards Complainant holding a pistol in his hand, seeing which Complainant locked his car centrally. On this the man broke the driver side window of his car by hitting the butt of the pistol and told the Complainant to hand over the bag to him otherwise he would kill him. When Complainant got out of the car and protested, he fired at Complainant, the bullet hit his ________ and ________, Complainant got scared.

B.                It is further case of the prosecution that man took away the bag which was on the back seat of car of Complainant, which contained Rs. __________ and a folder which also contained his XXXXX, XXXXX card, XXXXX, XXXXX and photocopy of his XXXXX card and some other documents. And the other bag in which his _______, __________, his _________, photocopy of his XXXXX card and _____ photographs etc. were kept, accused took it away and also snatched his ______________ Phone ________ Colour with No. ____________ from his hand and ran away towards _________ with my Esteem bag.

C.                It is further case of the prosecution that then the Complainant called 100 from his other phone and a police vehicle took him to _______________________________ where Complainant undergoing treatment. The man who shot the Complainant and snatched his money and bag etc. from his bag, he can identify him if he comes in front of Complainant.

D.               That the Applicant was arrayed as one of the co-accused i.e. accused no._____ before the Ld. Trial Court in the aforesaid FIR, and after completion of investigation, the police had filed the charge-sheet before the Hon’ble Court in ___________. The Applicant has been regularly appearing before the Ld. Trial Court ever since.

E.                That the Applicant continued to appear before the learned Court till the year ______. In _________, the learned counsel representing the applicant informed him that the matter might be compromised and that the Court would issue notice in case his appearance was required thereafter.

F.                 That the Applicant, having no knowledge of legal procedure and being under the bona fide belief of his counsel’s assurance, did not appear before the learned Court subsequently. Due to lack of communication with his earlier counsel, and without any deliberate intent to evade the process of law, the applicant inadvertently remained absent, which resulted in his being declared Proclaimed Offender.

G.               In the last week of __________, the Applicant/Accused was arrested by the police officials. The applicant submits that his absence before the learned Court was neither intentional nor deliberate, and was purely due to lack of legal understanding and absence of communication from his counsel.

4.                 That the Applicant/Accused is an innocent person and has never been convicted in any criminal case, and has a clean record, with deep roots in society. The charge sheet in the present FIR was already filed by the IO. Copy of Charge sheet filed in the present FIR is annexed as Annexure A-2.

5.                 That the Applicant / Accused had filed an bail application seeking regular bail under Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023 before the Ld. __________________ Courts, Delhi which was dismissed vide order dated _____,20**. Copy of dismissal order of bail application by the Ld. _________ Judge is annexed as Annexure A-3.

6.                 It is submitted that the version of the prosecution is palpably false and blatantly contradictory, as is canvassed in the Grounds herein, which are being taken without prejudice to each other and hence, the present Regular Bail Application.

-: GROUNDS: -

A.               THAT the Applicant is a law-abiding citizen and has been falsely implicated in the present FIR case. The Applicant is currently in judicial custody from _______,20**.

B.                THAT the applicant submits that his absence before the learned Court was neither intentional nor deliberate, and was purely due to lack of legal understanding and absence of communication from his counsel. The Ld. Trial Court failed to appreciate the said genuine bonafide facts dismissed the bail application of the Applicant on ______,20**.

C.                THAT the investigation in the present FIR has already been completed long ago and the charge-sheet filed in ______,20**. No recovery is to be effected from the applicant. Therefore, his further custodial interrogation is not required for any purpose whatsoever.

D.               THAT after completion of investigation, the police had filed the charge-sheet, the applicant has been regularly appearing before the learned Trial Court ever since.

E.                THAT the Applicant continued to appear before the learned Court till the year _____. In __________, the learned counsel representing the Applicant informed him that the matter might be compromised and that the Court would issue notice in case his appearance was required thereafter and with the passage of time applicant shifted from _________ to _________.

F.                 THAT the Applicant, having no knowledge of legal procedure and being under the bona fide belief of his counsel’s assurance, did not appear before the learned Court subsequently. Due to lack of communication with his earlier counsel, and without any deliberate intent to evade the process of law, the applicant inadvertently remained absent, which resulted in his being declared Proclaimed Offender. In the last week of ________ 20**, the Applicant/Accused was apprehended and arrested by the police officials.

G.               THAT the allegation of being declared an absconder does not in itself disentitle the Applicant to bail, especially in the absence of any deliberate or malicious intent to evade the process of law. The Applicant undertakes to abide scrupulously by all conditions imposed by the Hon’ble Court, if released on bail.

H.               THAT the delay in trial is beyond the control of the Applicant and prolonged incarceration amounts to pre-trial punishment, violative of Article 21 of the Constitution of India.

I.                   THAT the Applicant is the sole bread-earner of his family comprising his family are dependent upon him for their survival.

J.                  THAT the Hon’ble Supreme Court and various High Courts have repeatedly emphasized that bail is the rule and jail is the exception, particularly when the trial is likely to take a long time.

K.               THAT the latest law laid down by apex court in respect to grant of bail to Applicant/Accused in the case titled as Jalauddin Khan versus Union of India, Criminal Appeal No. 3173 of 2024 reiterated That "Bail is the rule and jail is an exception" is a settled law. Even in a case like present case where there are stringent conditions for the grant of bail in the relevant statutes, the same rule holds good with only modification that the bail can be granted if the condition in the statue is satisfied. The rule also conditions in the statue are satisfied. The rule also means that once a case is made out for grant of bail, the court cannot decline to grant bail.

L.                THAT the court in Satender Kumar Antil v. Central Bureau of Investigation & Anr., Miscellaneous Supreme court Application No. 1849 of 2021, reiterated the principle that innocence of an accused is presumed through legal fiction and that it for the prosecution to establish the guilt of an accused before the Court.

M.              THAT, the Supreme Court of India in its judgement Nikesh Tarachand Shah v. Union of India. (2018) 11 SC 1 observed that an accused person who enjoys freedom is in a much better position to look after his case and properly defend himself than if he were in custody and that a presumably innocent person must have his freedom to enable him to establish his innocence.

N.               THAT it is settled law that “Bail is the rule and jail is an exception.” The object of bail is neither punitive nor preventive but is meant to secure presence of the accused during the trial.

O.               THAT it may not be out of context to point out that the Hon’ble Supreme Court in the matter of Sanjay Chandra Vs. CBI (2012) 1 SCC 40 has again upheld the fundamental principle of criminal jurisprudence “bail and not jail” and has observed that time and again is has stated that bail is the rule and committal to jail an exception. It is also observed that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution.

7.                 THAT the Applicant is ready and willing to furnish surety, abide by all directions of the Hon’ble Court, and shall not tamper with evidence or influence witnesses.

8.                 There is no likelihood of the Applicant fleeing from justice or committing any offence while on bail. He has roots in society, a permanent address, and dependent family members.

9.                 That the Applicant craves liberty to submit that continued incarceration will severely affect his mental and physical health and prevent him from contributing to his family’s sustenance.

10.             That Applicant is an innocent and law-abiding citizen and has got clean antecedents and also has got no influence over the prosecution witnesses and there is no likelihood of tempering with the same as the prosecution.

11.             That the Applicant is ready to furnish the surety to the entire satisfaction of this Hon’ble court.

12.             That Section 483 BNSS (Old Proviso 439 Cr.P.C.) itself provides that the court can impose the condition while granting anticipatory bail that such person shall not commit an offence similar to the offence of which he is accused or suspected of the commission of which he is suspected.

NON-FILING PARA :-

13.             That no similar petition has been filed before this Hon’ble Court or Hon’ble Supreme Court or any other court.

14.             That the annexures to the petition are true copies of their respective originals.

P R A Y E R

         It is, therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to:-

a)                 Grant regular bail to the Applicant Abhishek Agarwal and release him on bail in FIR No. ***/20**, P.S.________, registered under Sections 392/394/397/307/411/427/ 120B/34 of IPC, in the interest of justice and on any terms and condition as the Ld. Court may deem fit and proper.

b)                Any other order as this Hon’ble Court may deem necessary in the circumstances of the present case.

FOR THIS ACT OF KINDNESS THE APPLICANT SHALL ALWAYS PRAY.

DELHI                                                                 APPLICANT

(Through Perokar/Wife)

THROUGH

DATED:      

____________________________

ADVOCATES

Office:_________________

New Delhi-1100**.

Mob.No____________

Email: __________________

IN THE HIGH COURT OF DELHI AT NEW DELHI

BAIL APPLICATION No. _______ OF 2025.

IN THE MATTER OF :-

VIKAS KUMAR JAIN                              ​: APPLICANT

VERSUS

THE STATE OF (NCT OF DELHI)           ​: RESPONDENT

                             FIR No. ***/20**

                                      U/S: 392,394,397,307,411,427,

120B, 34 of IPC

                   P.S.: XXXXXXXXX  

Accused in JC since **.**.202X

APPLICATION UNDER SECTION 528 BNSS (OLD PROVISION 482 OF CRPC) FOR EXEMPTION FROM FILLING CERTFIED COPIES, FAIR TYPED COPY OF THE DIM WITH PRESCRIBED MARGIN OF THE ANNEXURES.

MOST RESPECTFULLY SHOWETH ;-

1.       That the Applicant has filed Annexurres along with the main bail application in order to support the application and the Annexxures filed is the true, correct and compared copies of the original.

2.       That the Applicant shall apply for obtaining the certified copies of the Annexxures and undertakes to file the same as soon as the same is made available by copying agency concerned.

3.       The Applicant has not been able to file the fair typed copies of the dim annexures with the prescribed margin at this stage and is only filing true copies of the same. The Applicant prays for being exempted from filing the above and undertakes to file the same within the time allowed by this Hon’ble Court.

4.       The Applicant has also filed certain annexures along with the application which do not have the required left margin as per guidelines of this Hon’ble court. Since the applicant does not have any other option but to file the same as they are and by way of present application the applicant prays for exemption for filing the said documents at this stage.

5.       The Applicant by way of present application prays that he may be exempted from filing the above and undertakes to file the same as and when directed by this Hon’ble Court.

PRAYER:-

It is, therefore, humbly prayed that this Hon’ble Court may kindly be pleased to exempt the Applicant from filing the certified copies and fair typed copes of the annexures and the true copies filed herewith may kindly be considered for the disposal of the bail, in the interest of justice.

Any other order as this Hon’ble Court may deem necessary in the circumstances of the present case.

DELHI                                                                 APPLICANT

(Through Perokar/Wife)

THROUGH

DATED:      

____________________________

ADVOCATES

Office:_________________

New Delhi-1100**.

Mob.No ____________

Email: __________________

IN THE HIGH COURT OF DELHI AT NEW DELHI

MISC. APP. NO. ______ OF 2025.

IN

BAIL APPLICATION No. _______ OF 2025.

IN THE MATTER OF :-

VIKAS KUMAR JAIN                              ​: APPLICANT

VERSUS

THE STATE OF (NCT OF DELHI)           ​: RESPONDENT

AFFIDAVIT

Affidavit of Mrs. ……………, W/o Sh._____________, aged about ….. years, R/o______________, do hereby solemnly affirm and declare as under :-

1.       That I am the Perkar / Wife of Applicant in the above noted case and am well conversant with the facts and circumstances of the case as such an competent to swear this affidavit.

2.       That the applicant has gone through the averments made in the accompanying application filed under Section 528 BNSS (482 Cr.P.C.) seeking exemption to file certified copies and submits that this application had been drafted by my counsel on my instructions and facts as briefed by me.

          DEPONENT

VERIFICATION :-

Verified at Delhi on this ____, day of December, 20__. That the contents of the above affidavit are true and correct to my knowledge and nothing material has been concealed therefrom.

DEPONENT

IN THE HIGH COURT OF DELHI AT NEW DELHI

BAIL APPLICATION No. _______ OF 2025.

IN THE MATTER OF :-

VIKAS KUMAR JAIN                              ​: APPLICANT

VERSUS

THE STATE OF (NCT OF DELHI)           ​: RESPONDENT

AFFIDAVIT

Affidavit of Mrs. ……………, W/o Sh.___________, aged about ….. years, R/o________________, do hereby solemnly affirm and declare as under:-

1.       That I am the Perokar / Wife of Applicant in the captioned case and I am well conversant with the facts of the case as such am competent to swear this affidavit.

2.       That the contents of the accompanying application under Section 483 BNSS (Old Proviso 439 CrPC) have been read over and explained to me in vernacular language and having understood the same I say that the facts stated therein are true to the best of my knowledge and belief and nothing material has been concealed therefrom.

3.       That the annexures are true / translated copies of their respective originals.

DEPONENT

VERIFICATION :-

Verified at Delhi on this ____, day of December, 20__ that the facts stated in the above Affidavit are true to my knowledge and nothing material has been concealed therefrom.

DEPONENT