IN THE COURT OF HON’BLE SESSIONS JUDGE, SAKET COURT AT
NEW DELHI
SC 689 OF 2018
IN THE MATTER OF:
STATE
Versus
ASIF KHAN @ ASHU BHAI GURUJI & OTHERS
APPLICATION, ON BEHALF OF ACCUSED NO.4 I.E SAURABH KUMAR,
UNDER SECTION 439 Cr. P.C. FOR THE GRANT OF INTERIM BAIL.
MAY IT PLEASE YOUR HONOUR:-
Most Respectfully Sheweth:
1. That the applicant has been involved in a false and frivolous case by one Sh.
_____ by lodging a complaint/FIR No. 240 dated 08/09/2018 under
Sections 376(D), 354,506,328,377,34 of IPC with the SHO PS: Hauz khas.
The applicant/accused has been arrested by the Police of Police Station:
_____ subsequent to the above complaint.
2. That it is submitted that the allegations made against the applicant/accused
are false, frivolous and vexatious and lack in the material substance. The
applicant has nothing to do with the alleged offences. The applicant belongs
to a very reputed family in his locality.
3. That the applicant/accused is a permanent resident of _____ and earning
livelihood by _____. The applicant has his wife and children dependent
upon him and the applicant is the only bread earner for the family.
4. That the accused applicant was arrested in the aforesaid case on 02.011.2018
and since then applicant is in the judicial custody and lodged in ward no. 10
of the Central Jail No.1, Tihar Jail, Delhi.
5. That, if the presence of the accused at the trial could be reasonably ensured
otherwise then his arrest and detention, it would be unjust and unfair to
deprive the accused of his liberty during the pendency of the criminal
proceedings against him.
6. That the applicant has lost his job and is prohibited from contributing
effectively to the preparation of his defense. Equally important, the burden
of his detention frequently falls heavily on the innocent members of his
family.####### case law
7. That the applicant had a love marriage because of this the relationship
between the families of applicant and his wife is not pleasing at all. That the
parents of the applicant wife has been expired and brother of applicant wife
did not give shelter to applicant wife after the arrest of the applicant on
02.11.2018 due to which applicant wife who is a house wife along with two
minor kids were not able to bear the social and financial stress and had to
vacate the rented accommodation where she could not pay the rent. That
applicant wife and minor kids took the shelter at the house of applicant’s
wife elder sister house, who is kind enough to care of her younger sister in
this time of trouble.
8. That the applicant have two children, elder one is his son Garvit Singh who
is about 5 year old and younger one is his daughter who is just about 1 year
old baby and his wife have to look after all the house hold affairs and have
to handle two minor kids alone due to the detention of the applicant.
9. That the applicant’s son Garvit Singh has a medical history of stroke and
seizures with high fever since childhood and has been under regular medical
care under the supervision of Dr. Vivek Baga at Pushpanjali Hospital, Delhi.
That now applicant is running out of funds due to no source of income after
the detention of applicant and now whenever their son Garvit falls sick
because of his childhood disease his wife instead of taking the kid to the
hospital feeds him a Tablet called as Frisium because they are not in a
financial capacity to bear the doctor’s fee. Relevant documents of the
medical record of the Garvit Singh are enclosed.
10.That the son of the applicant is facing serious health issues since last few
days and is in need of urgent medical attention but due to lack of funds
applicant’s wife is unable to proceed further for taking appointment from the
doctor. That if the same situation continues for any further time then it will
be very dangerous for the health of the kid.
11.That, due to sudden arrest of the applicant on 02.011.2018, applicant could
not get his son enrolled in a good school and now his wife is not in the
financial capacity to pay for the admission fees of the kid. That currently the
kid is not enrolled in any school and also not attending any classes which
leads to the violation of the Government policy of Right to Education to
each and every child. That it’s the responsibility of the applicant to take care
of all the basic essentials of the kids which he is lacking due to the sudden
arrest and detention.
12.That, the release on bail is crucial to the applicant as the consequences of
pre-trial detention are given. If release on bail is denied to the accused it
would mean that though he is presumed to be innocent till found guilty
beyond reasonable doubts, he would be subjected to the psychological and
physical deprivation of jail life.
13.That by getting the applicant/accused arrested the applicant has been
deprived of his valuable fundamental right of liberty by abuse of legal
provisions and process of law by the complainant.
14.That the applicant is willing to furnish surety and bail bonds to the
satisfaction of this Hon'ble court in case he is ordered to be released on bail.
The applicant is also willing to join the investigations and bind himself by
the terms and conditions laid down by the law or by this Hon'ble court.
However, if the applicant is required for investigation, the applicant/accused
undertakes to be present as and when required in accordance with the law.
It is, therefore, most respectfully prayed that:-
1. That in the view of the aforesaid circumstances the accused applicant may
please be granted an Interim Bail for four weeks to get his son admit in the
hospital who is in a need of urgent medical attention and also to get his
enrolled in school and also to arrange some funds for his family to meet the
basic day to day life needs.
2. That the applicant may be ordered to be released on bail and this application
for bail may kindly be allowed.
3. Pass such other orders in favour of the applicant as deemed fit and proper in
the facts and circumstances of the case and in the interest of justice.
APPLICANT
THROUGH ADVOCATE
