Amit Parmar Bail PDF

 

IN THE HON’BLE COURT OF CMM MA MAHILA COUR OURT

DWARKA DE DELHI

DISTT, DWAR DW ARKA KA COURT COURTS, S, DELH DELHII / IN THE MATTER OF:-

STATE

Vs

AMIT PARMAR FIR NO. 0436/2021 P.S. : DWARKA NORTH U/S-354/354(A)/323/509 IPC IN JC 09.06.2021 LDOH:-06/07/2021 NDOH:-12/10/2021

APPLI PPLICA CAT TION ION UNDE UNDER R SE SECT CTIO ION N 437 OF CR. CR. P. C. 1973 973 ON BEHA BEHALF LF OF THE THE APPL APPLIC ICAN ANT T /ACC /ACCUS USED ED AM AMIT IT PA PARM RMAR AR

MOST RESPECTFULLY SHOWETH:1. Tha Thatt th the e appl applic ican ant/ t/ac accu cuse sed d is inno innoce cent nt and and has has be been en fals falsel elyy implicated in the present case.

 

2. That the applicant / accused is real father of prosecutrix and has some marital differences with his wife who is mother of prosecutrix. 3. That the mother mother of the appl applican icant/ac t/accuse cused d is an old lady and she is living liv ing at Himac Himachal hal Prade Pradesh. sh. Whenev Whenever er the ap appli plica cant/ nt/ accuse accused d wants to contact or talks with his mother or any family member via phone, pho ne, mother mother of pro prosec secutr utrix ix who is wife wife of app applic licant ant/a /accu ccused sed objects and quarrels with applicant/a applicant/accused. ccused. 4. That the applicant/accused belongs to very respectable family and he has not been previously convicted by any court of law. And even not a single FIR in any police station has ever been lodged against applicant/accused. 5. That the applicant apprehends his false implication and arrest by the police officials of P.S. Dwarka North. It is also pertinent to mention here that maximum punishment of alleged offences is not more than 7 years. 6. That the charge sheet has been filed and investigation of this case has been completed. No purpose is going to be solved by keeping the applicant/accused in JC. 7. That in  in SANJAY CHANDRA Vs CBI 2012

1SCC 40 , the Hon’ble

 

Supreme Court of India has held that the object of bail is to secure the appearance of the accused person at his trial. The object of bail is neither punitive nor preventive. Deprivation of liberty must be considered a punishment unless it can be required to ensure that an accused person will stand trial when called upon. Moreover, it is well settled principle of criminal jurisprudence that generally rule is bail and not jail. 8. Th That at th the e in inma mate tes s in insi side de pr pris ison on ar are e high highly ly pr pron one e to co cont ntag agio ious us viruses and the rate of ingress & egress in the prisoners is very high and that too on a daily basis. Furthermore, prisoners are again becomi bec oming ng fertil fertile e breedi breeding ng ground grounds s for incuba incubatio tion n of COV COVID-1 ID-19, 9, furt fu rthe hermo rmore re pres presen entl tlyy th the e rate rate of ingr ingres ess s insi inside de the the pr pris ison on is exceeding the rate of egress which is resulting in steep increase of cases inside the jail. The Hon’ble Court can be pleased to grant anticipa anti cipatory tory bail bail to applican applicant/ t/ acc accused used iin n order to d decon econgest gest the the prison and prevent the further spread of the infection inside the jail. 9. That the applicant/accused undertakes to abide by all the terms and an d cond condit itio ions ns impo impose sed d up upon on him him and and re read adyy to furn furnis ish h ba bail il bonds/surety bonds to the satisfaction of the Hon’ble Court and will wi ll not not ev evad ade e the the whee wheels ls of ju just stic ice e by appe appear arin ing g befo before re the the Hon’ble Court in the instant matter on each and every date of

 

hearing. 10.

That applicant undertakes before this Hon’ble Court that he

will never abuse the process of law and never temper with the evidence and will live peacefully within the society.

PRAYER It is ther theref efor ore e most most re resp spec ectfu tfullllyy pr pray ayed ed th that at this Hon’ble Court may kindly graciously be pleased to a) grant bail to the applicant/accuse applicant/accused d and, b) Pass Pass any other other or furthe furtherr order order whi which ch this Hon’b Hon’ble le Court deem de emss fi fitt prop proper er and and expe expedi dite te in the the gi give ven n fa fact ctss and and circumstances of the case, in favour of applicant/accused in the interest of justice.

Applicant/Accused (IN JC)

 

Delhi

through Dated 01/07/2021

VIKAS AGRAWAL ADV E-NO- D/2565/2012 MOB:-8882171365