IN THE COURT OF HON’BLE DISTRICT AND SESSION JUDGE

NAGPUR AT NAGPUR

CR. BAIL APPLICATION NO. OF 2021

DISTRICT: NAGPUR

IN THE MATTER OF FIR NO.

246 OF 2021 REGISTERED

WITH KANHAN POLICE

STATION U/S. 294, 452

R/W. 34 OF IPC AND IN THE

MATTER OF SECTION 439

OF THE Cr.P.C.

Balvir Singh Dayaram Singh Dikhkhit ]

@ Bunty ]

Aged about- 38 Years ]

R/at: Near WCL Garage, ]

Inder Colliery No.6, Tekadi, Kanhan, ]

Tal-Parshivni, Dist-Nagpur-441404 ]..Applicant/Accused

V/s.

The State of Maharashtra through ]

Kanhan Police Station ]

Add: Kanhan, Dist-Nagpur ]…Respondent

THE HUMBLE APPLICATION FOR

1) The Applicant is a citizen of India residing at the address mentioned

in the title of this Application since his birth and have good

reputation and deep roots in the society.

1
2) That on 06/07/2021, the Applicant came to be arrested in

connection with abovesaid FIR registered with Kanhan Police

Station, for having allegedly committing offences punishable under

Sections 294, 452 r.w. 34 of IPC and section 4 and 25 of Arms Act.

3) That section 294 is cognizable and bailable however section 452 of

the IPC is cognizable and Non-bailable.

4) The Applicant by way of the present application is approaching this

Hon‘ble Court with a prayer that he may be released on bail in

connection with FIR No.246/2021 of the Kanhan Police Station, on

such terms and conditions as this Hon’ble Court deems fit and

proper in the interest of justice and in the peculiar facts and

circumstances of this case.

5) The Applicant is innocent and has not committed any offence as

falsely alleged.

6) The Applicant has been arrested only on the ground of suspicion and

that there is no evidence direct or indirect or circumstantial so as to

connect the Applicant to the present crime.

7) The Applicant states that a perusal of the FIR shows that the

complainant has lodged the present crime under grudge and with

intention settle personal scores.

8) The Applicant states that the no offence of whatsoever nature has

been committed by the Applicant and the FIR does not make out

prima facie any offence under sections as mentioned above.

9) That applicant neither abused or used any filthy words and or had

any intention to hurt or injure de facto complainant or to commit any

offence.

10) That applicant lives in the same locality wherein de facto

complainant stays and after seeing other accused and de facto

2
 complainant having strong discussion, he just tried to see what is

going on when he found that other peoples of locality too gathered

near the gate of the house of the de facto complainant. That he did

not enter into the house premises of the de facto complainant and he

was outside the gate and while seeing that other accused and

complainant were having heated discussion over some issues, he just

from outside the gate tried to settle the issue.

11) That lives in the same locality wherein complaint stays and almost

everyone staying nearby gathered to see why de facto complainant

abusing the people standing near the house gate of the complainant

but the de facto complainant did not like the interference of the

present applicant in their heated discussion she had with other

accused when applicant asked her to take it easy and settle the

issues with other accused amicably instead of abusing them.

12) That de facto complainant did not like the interference of the

present applicant in her heated discussion with other accused. That

everyone in the locality knew that the de facto complainant is

unpleasant, miserable and highly quarrelsome lady and no one likes

to talk to her.

13) That applicant did not have any weapons at the relevant time but

respondent had falsely slapped the charges of 294 and 452 against

the applicant and under section 4 and 25 of the Arms Act without

application of mind and with intention to harass the applicant and

falsely implicate him in the alleged crime without there being any role

of the applicant.

14) That applicant neither gathered near the gate of the house of the

de facto complainant with an intention to commit any offence and nor

annoyed or assaulted or put the complainant under any fear or

wrongful restraint and that there are no allegations to that effect

against him in the FIR and as such those section are falsely slapped

3
 so that applicant’s personal liberty can be curtailed and he can be

harassed to settle personal scores.

15) That respondent falsely registered FIR against the applicant

though applicant is innocent and had not committed any crime. That

applicant’s arrest is wholly illegal, arbitrary and unconstitutional and

against the principles of natural justice.

16) The Applicant states that respondent sought MCR before the Ld.

JMFC, Kamptee and that his custodial interrogation is not required.

That applicant moved bail application on which respondent and app

filed say on 06.07.2021 opposing the bail application of the applicant

on the grounds that applicant if released may tamper with evidence,

and that he will influence the witnesses and that he will repeat the

offence without citing any reason and or any single reasonable

ground as to why respondent had those objection.

17) That Ld. JMFC committed erred of fact and law by rejecting the

humble application of the applicant on the ground that other accused

are yet to be arrested and that there will be repetition of the same

kind of offence and that applicant may pressurize to the prosecution

witnesses and that investigation is at initial stage.

18) That Ld.JMFC while rejecting the bail application of the applicant

did not mention single valid and reasonable ground on what basis

Ld.JMFC came to the conclusion that applicant will tamper evidence

and or pressurize witnesses and or that he will repeat the same kind

of offences.

19) That applicant is member of lower middle class family and has no

influential contacts and or relation with politician and not he is

habitual offender or that there are past crimes to his discredit.

4
20) The Applicant states that the apprehension of the prosecution that

if the Applicant is released on bail the Applicant would flee away and

as such it would be difficult to secure his presence is unfounded in

as much as the Applicant is a permanent resident of Kanhan and

owns movable as well as immovable property and as such has roots

in the society. The applicant also has school going minor children’s

and family to take care.

21) The Applicant undertakes not to tamper with the prosecution

evidence and not to threaten the prosecution witnesses.

22) The Applicant undertakes to regularly attend trial and not to flee

away from justice.

23) The Applicant is ready and willing to abide by any of conditions

that may be imposed upon him whilst granting bail.

24) The Applicant has not filed any other Application or Petition

claiming similar reliefs save and except the present Application in

any other Hon’ble High Court or District Court except the one filed

before Ld.JMFC, Kamptee.

25) That Chargesheet is yet to be filed in the matter.

26) The Applicant, therefore most respectfully prays that;

a) That this Hon’ble Court be pleased to release the

Applicant on bail in connection with FIR No.246/2021 of the

Kanhan Police Station, on such terms and conditions as this

Hon’ble Court deems fit and proper in the interest of justice,

equity and good conscience.

b) For such other order/relief in the interest of justice be

passed.

5
 AND FOR WHICH ACT OF KINDNESS AND JUSTICE, THE

APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.

Place: Nagpur

Dated: /07/2021

Advocate for the Applicant