(REGULAR BAIL APPLICATION UNDER SECTION 439 OF THE CRIMINAL
PROCEDURE CODE)
IN THE COURT OF HON’BLE SESSION
JUDGE, SOUTH DISTRICT SAKET
BAIL APPLICATION NO OF 2024
IN THE MATTER OF: -
SAGAR ….
APPLICANT/ACCUSED
VERSUS
STATE OF NCT (GOVT OF DELHI) ….
RESPONDENT
INDEX
P.NO PARTICULARS P.GN
O
1 MEMO OF PARTIES
2 APPLICATION U/S 439 OF
THE CR. PC FOR BAIL ON
BEHALF OF
APPLICANT/ACCUSED
NAMELY SAGAR SINGH
ALONG WITH THE
SUPPORITNG AFFIDAVIT.
3 LIST OF DOCUMENTS
ALONGWITH DOCUMENTS
4 VAKALATNAMA
Applicant/ alleged accused Through
PAROKAR
BABITA W/O SANJAY
R/O H.NO-592 2ND FLOOR GALI NO-20
DDA FLATS, AMBEDKAR NAGAR, MADANGIR
Through
HITESH KUMAR, YATIKA CHOUDHARY,
VIKAS SHARMA AND SURAJ RAWAT
(ADVOCATES)
CHAMBER NO. 317,
L.C. BLOCK, SAKET COURT, DELHI
Delhi
Dated: 21.02.204
(REGULAR BAIL APPLICATION UNDER SECTION 439 OF THE CRIMINAL
PROCEDURE CODE)
IN THE COURT OF HON’BLE SESSION
JUDGE, SOUTH DISTRICT SAKET
BAIL APPLICATION NO OF 2024
IN THE MATTER OF: -
SAGAR ….
APPLICANT/ACCUSED
VERSUS
STATE OF NCT (GOVT OF DELHI) ….
RESPONDENT
MEMO OF PARTIES
1. SAGAR SINGH
R/o 7/11, Pant nagar,
Jangpura New Delhi – 110014
(PRESENTLY IN JC)
…. APPLICANT/ACCUSED
1. STATE (NCT OF DELHI) & ANR
2. LAKHAN SINGH
S/O NARPAT SINGH
R/O 66/50 B BLOCK
NEW DELHI-110017
…. RESPONDENTS
Applicant/ alleged accused Through
PAROKAR
BABITA W/O SANJAY
ND
R/O H.NO-592 2 FLOOR GALI NO-20
DDA FLATS, AMBEDKAR NAGAR, MADANGIR
Through
HITESH KUMAR, YATIKA CHOUDHARY,
VIKAS SHARMA AND SURAJ RAWAT
(ADVOCATES)
CHAMBER NO. 317,
L.C. BLOCK, SAKET COURT, DELHI
Delhi
Dated: 21.02.204
(REGULAR BAIL APPLICATION UNDER SECTION 439 OF THE CRIMINAL
PROCEDURE CODE)
IN THE COURT OF HON’BLE SESSION
JUDGE, SOUTH DISTRICT SAKET
BAIL APPLICATION NO OF
2024
IN THE MATTER OF: -
SAGAR ….
APPLICANT/ACCUSED
VERSUS
STATE OF NCT (GOVT OF DELHI) ….
RESPONDENT
PS: SAKET
BAIL APPLICATION U/S 439 OF CR.P.C ON
BEHALF OF THE APPLICANT ACCUSED
NAMELY SAGAR IN COMPLAINT CASE NO
10076 OF 20219 UNDER SECTION 138 OF NI-
ACT.
MOST RESPECTFULLY SHOWETH: -
1. That the Present Regular Bail Application
under section 439 of criminal procedure code
is being moved on behalf of the
applicant/accused namely Sagar S/o Sh. Jai
Prakash Presently R/o 7/11, Pant nagar,
Jangpura New Delhi - 110014 through its
Parokar Babita W/o Sh. Sanjay Kumar, R/o
BH- 2, Block – BH, Madangir, New Delhi, aged
39 years, do hereby for grant of Regular Bail
in COMPLAINT CASE NO 10076 OF
20219 UNDER SECTION 138 OF NI-ACT.
2. That the applicant is an innocent and
accused in the matter _________
vs ________ under section 138
NI Act same is pending before
________ and was fixed for
20.02.2024 for further
adjudication.
3. That the applicant had visisted
to the shri Vaishno Devi and
came back to join the
proceeding of Ld. Trial Court
but due to network issues and
heavy traffic he could join the
proceedings of the Ld. Trial
Court proceeding also could not
communicate the situation to
his counsel thereafter he came
to know that the Ld. Trial Court
pleased to passed an order of
NBW against him.
4. Being a law abiding citizen he
moved an application before
Ld. Trial for cancellation of
NBW on _______ and fixed for
_______ on ____ the Ld. Trial
court was on leave and fixed
for date fixed i.e. yesterday
i.e. _________ .
5. That the applicant/ accused
join the proceeding of the Ld.
Trial Court and requested to
cancel the NBW by giving a
reason but ld. Trial Court
pleased to passed order to take
him in Judicial Custody vide its
order dated _____ hence
present applicant under section
439 Cr. PC.
6. That it is respectfully submitted that on
29.08.2023 the Applicant/Accused was.
present in the Hon'ble Court and had paid a
sum of Rs.10,000/- to the Complainant and
the same was accepted by the Complainant
before the Hon’ble Ld. MM NI Act South Saket
Court and adjournment was taken by both
the parties for the purpose of recording their
statements and further fixed for 08.12.2023.
Copy of order dated 29.08.2023 is annexed
herewith as ANNEXURE - A1.
7. That on 08.12.2023 the Hon'ble Court of Sh.
Bharat Aggarwal Ld. MM NI Act South Saket
Court was pleased to issue NBWs against the
Applicant/Accused. Copy of order dated
08.12.2023 is annexed herewith as
ANNEXURE-A2.
8. That on 08.12.2023 the Applicant/Accused
was unable to attend the Hon’ble Court
Proceedings of Sh. Bharat Aggarwal Ld. MM,
South NI ACT as he went to Vaishnodevi and
was returning back from Jammu via Road but
unable to reach on time on 08.12.2023 to
attend the above stated matter due to traffic
issues.
9. That due to the above said reason this one
default came on the part of the
Applicant/Accused it is further stated that on
20.02.2024 the Hon’ble Court of Sh. Bharat
Aggarwal Ld. MM NI Act South Saket Court
has taken up the matter and the
Applicant/Accused appeared and apprised
the Hon’ble Court about the above said
incident occurred on 08.12.2023 and
undertakes to be Vigilant in future and it is
further stated that as per the order dated
20.02.2024 even the Notice issued upon
surety Malti Devi received back served.
10. That it is further mentioned that the above
stated Surety was the mother of the
Applicant/Accused working with Delhi Police
at Police Station Patel Nagar as MTS staff and
was at duty on that day and even the
Accused/Applicant is working as MTS in
Water Resources Department Having
Address: 5th Floor Janpath Bhawan.
11. That the Applicant/Accused was remanded to
JC vide order dated 20.02.2024, in spite of
submission made by the Applicant/Accused
and his Counsel that the case was sent for
mediation earlier and the same was
settlement on 06.05.2023 and even on
29.08.2023 the accused paid to the
Complainant on Previous dates as per the
settlement and the same was taken on
record also, even the Applicant/Accused
stated that he will keep on paying the
Complainant in future as per the Settlement
dated 06.05.2023. The Impugned order dated
20.02.2024 is annexed as “Annexure - A3”.
12. That it is further submitted that purpose of
NBW is to secure the presence of
Applicant/Accused and that no useful or
fruitful purpose will be served by keeping the
applicant/accused in Judicial custody for an
indefinite period. That the Applicant/Accused
also undertake to abide all condition imposed
by this Hon’ble Court for the Regular Bail of
the Applicant/Accused.
13. That the Article 14 of the constitution of India
secured the rights of the accused / applicant
more particularly in the present matter there
is an error in the order of the Ld. Trial Court
where only on one unintentional default is
sending him behind the bar in bailable
offence under section 138 NI Act. Is against
the principal fundamental right secured
under Article 14 of the constitution of India.
14. That the above stated facts of the matter
ignored by the Hon’ble Court of Sh. Bharat
Aggarwal Ld. MM NI Act South Saket Court
and further denied the Bail application filed
on 20.02.2024 by the Counsels of the
Applicant/Accused vide order dated
___________.
GROUNDS FOR BAIL: -
A. Because the Accused/Applicant and
Complainant was already settled the matter
in Mediation and the Applicant/Accused is
paying the Complainant as per the said
settlement dated 06.05.2023.
B. Because the Applicant/Accused is an
innocent person and have clean antecedents
and working as an MTS with Water Resources
and taking care of her widow mother who is
also working with Delhi Police as MTS at Patel
Nagar PS and is not keeping well.
C. Because the purpose of the NBW is to secure
the presence of the Accused in the Trial of
138 NI ACT matters, hence the accused
undertakes to be Vigilant in further court
proceedings.
D. Because the Applicant/Accused is an
innocent and remanded to JC on 20.02.2024
by the Sh. Bharat Aggarwal Ld. MM NI Act
South Saket Court and no purpose will be
served if the Applicant/Accused will be kept
in the Judicial Custody further.
E. Because the Applicant/Accused is the
earning member of his family and taking
care of his Widow mother as he is the only
Son and other two sisters are already
married and residing at their Matrimonial
houses.
F. Because the further judicial custody of
applicant/accused is totally unjustified due
to the above said grounds.
PRAYER
In view of the above said facts and
circumstances, it is most respectfully prayed that:
a. Allow the applicant/ accused on regular bail in
COMPLAINT CASE NO 10076 OF 2019
UNDER SECTION 138 OF NI-ACT.
b. Pass any order/ direction in the interest of
justice.
Applicant/ alleged accused Through
PAROKAR
BABITA W/O SANJAY
ND
R/O H.NO-592 2 FLOOR GALI NO-20
DDA FLATS, AMBEDKAR NAGAR, MADANGIR
Through
Delhi HITESH KUMAR, YATIKA
Dated: 21.02.204 CHOUDHARY, VIKAS SHARMA AND
SURAJ RAWAT
(ADVOCATES) CHAMBER NO.
317,
L.C. BLOCK, SAKET COURT,
DELHI
IN THE COURT OF DISTRICT & SESSION
JUDGE, SAKET COURT, SOUTH DISTRICT
BAIL APPLICATION NO OF 2024
IN THE MATTER OF: -
SAGAR SINGH ….
APPLICANT/ACCUSED
VERSUS
STATE NCT OF DELHI & ANR ….
RESPONDENT
AFFIDAVIT
I Babita W/o Sh. Sanjay Kumar, R/o BH-2,
Block BH, Madangir, New Delhi, aged
about 39 years, do hereby solemnly affirm
and declare as under: -
1. That I am the sister and Parokar of accused
SAGAR SINGH in the present case and well
conversant with the facts and circumstances
of the case as such I am competent to swear
this affidavit.
2. That the contents of the accompanying
application for grant of bail; U/s.439 Cr.P.C.
have been drafted by the counsel under my
instructions and the same have been read
over to me in my vernacular language and
the same are true and correct and as such
are not being repeated herein for the sake of
brevity.
3. That it is my true statement.
DEPONENT
Verified at New Delhi on this 20th day of
February, 2024 that the contents of my
above affidavit are true and correct to the
best of my knowledge and belief and
nothing material has been concealed
therefrom.
DEPONENT
