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138 Sessions Bail

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100% found this document useful (2 votes)
181 views21 pages

138 Sessions Bail

Uploaded by

Ritesh Chauhan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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(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

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