IN THE COURT OF SHRI PRANAV JOSHI CHIEF JUDICIAL MAGISTRATE
PATIALA HOUSE COURT, NEW DELHI,
BAIL APP. NO ____OF 2025
IN THE MATTER OF:
MANDEEP SINGH … .APPLICANT/ACCUSED
VERSUS
STATE …. RESPONDENT
FIR NO 946/2024
U/S 318(4) 319(2) 336 (3) 340(2) 238 (C) 61(2) BNS
12 OF PASSPORT ACT.
P.S I.G.I. AIRPORT
INDEX
S.NO PARTICULARS PAGE.NO
1. APPLICATION UNDER SECTION 480 OF THE
BHARATIYA NAGARIK SURAKSHA SANHITA,
2023 ON BEHALF OF THE APPLICANT
SEEKING GRANT OF REGULAR BAIL TO THE
APPLICANT/ACCUSED NAMELY MANDEEP
SINGH.
2. ANNEXURE P-1
A COPY OF THE FIR
3. ANNEXURE P-2
A COPY OF THE ORDER DATED 16.01.2025
4. ANNEXURE P-3
A COPY OF THE ORDER DATED 30.01.2025
(IN JC)
ACCUSED
Through
Place: New Delhi
Dated
Adarsh Priyadarshi And Associates
Advocate for Applicant
A2/74, LGF, Safdarjung Enclave
New delhi-110029.
Mobile No: +91- 8806662746.
E mail Id :Priyadarshi.adarsh@gmail.com
IN THE COURT OF SHRI PRANAV JOSHI CHIEF JUDICIAL MAGISTRATE
PATIALA HOUSE COURT, NEW DELHI,
BAIL APP. NO ____OF 2025
IN THE MATTER OF:
MANDEEP SINGH … .APPLICANT/ACCUSED
VERSUS
STATE …. RESPONDENT
FIR NO 946/2024
U/S 318(4) 319(2) 336 (3) 340(2) 238 (C) 61(2) BNS
12 OF PASSPORT ACT.
P.S I.G.I. AIRPORT
APPLICATION UNDER SECTION 480 OF THE BHARATIYA NAGARIK
SURAKSHA SANHITA, 2023 ON BEHALF OF THE APPLICANT SEEKING
GRANT OF REGULAR BAIL TO THE APPLICANT/ACCUSED NAMELY
MANDEEP SINGH.
MOST RESPECTFULLY SHOWETH.
1. That by virtue of the present application the applicant/accused namely
Mandeep Singh seeks regular bail under S. 480 of the Bharatiya Nagarik
Suraksha Sanhita, FIR No 946/2024 U/S 318(4) 319(2) 336 (3) 340(2) 238
(C) 61(2) BNS 12 Of Passport Act. P.S I.G.I. Airport He was arrested on
11.01.2025. A copy of the FIR is annexed and marked as ANNEXURE P-1.
That the brief facts of the cases are as follows.
2. That as per allegation in the FIR one passenger namely Maninder Pal Singh
S/o Gurdev Singh R/o Patti Malsian, PO Malsian, Jalandhar, Punjab arrived
from USA at IGI Airport, New Delhi holding Passport No. U6320307 by
flight number UA 82. He approached deportee cell for immigration and on
scrutiny of his travel documents, it was found that page number 9-10 and 31-
32 were missing from his passport. He had departed from Jaipur Airport on
25.10.2024 by flight No. SG-057.
3. The Applicant has been named in the disclosure statement of Maninder Pal
Singh as an Accused in FIR No 946/2024 U/S 318(4) 319(2) 336 (3) 340(2)
238 (C) 61(2) BNS 12 Of Passport Act. P.S I.G.I. Airport.
4. That the applicant was apprehended by the police on 11.01.2025 and
produced before this Hon’ble court on 16.01.2025. When Ld. Counsel for
the applicant submitted that applicant was physically abused during the PC
remand. This Hon’ble Court was pleased to order (The concerned Jail
Superintendent to take the accused to Safdarjung Hospital forthwith upon
receiving the custody of the accused and the MS/CMO/Chief Medical
Officer was further directed to conduct medical examination of accused
Mandeep Singh by setting up a medical board.) A copy of the order dated
16.01.2025 is annexed and marked as ANNEXURE P-2.
5. That in order dated 30.01.2025 IO accepted that force was used to
overpower applicant. This Hon’ble Court was pleased to order that an
enquiry be conducted into the allegations made by the accused of torture
made by the police during the police custody. A copy of the order dated
30.01.2025 is annexed and marked as ANNEXURE P-3.
6. That the Applicant submits that he has not committed any offence and has
been falsely implicated as an accused in this case on mere disclosure of co-
accused Maninder Pal Singh to police officer while he was in custody and
the statement of accused Maninder Pal Singh has no evidentiary value in the
eye of law. Further, there is an alleged confessional statement of the
applicant, which was obtained by giving beatings and extending threats. A
retraction application filed at first available opportunity is already on record.
7. That from a bare perusal of the FIR, it is evident that there is absolutely no
role has been attributed to the Applicant herein.
8. That in the present FIR, the police totally and mindlessly relied upon
discloser made by co-accused, Maninder Pal Singh, the veracity of which is
doubtful and cannot be relied upon.
9. That the Applicant is a peaceful, God fearing, law-abiding citizen and
government employee hails from a respected family. The Applicant has deep
roots and ties in the society and is a permanent resident of Monga Punjab.
He has no criminal antecedents and has not been involved in any other
offenses or under any penal statute. There is no likelihood of him
committing any offence in case he is enlarged on bail.
10.That the applicant shall suffer irreparable loss, if the bail is not granted. That
the present application has been filed bonafide and be allowed in the interest
of justice.
11.That the applicant has no other alternate efficacious remedy except to
approach this Hon’ble Court by way of instant bail application, hence
without prejudice to the other grounds, the applicant is seeking bail on the
following amongst others, interalia.
GROUNDS
A. For that Applicant is innocent and he is falsely implicated in the present
case. He has nothing to do with the alleged offence.
B. For that from the entire material on record, it is clear that there is not even an
iota of admissible evidence to suggest that the applicant has been involved in
committing any offence. The only so-called evidence against the applicant is
disclosure statement of co-accused made while in custody which has no
evidentiary value in the eyes of law.
C. For that Applicant is residing at the address mentioned herein below, along
with his family and as such there is no likelihood that he will abscond
anywhere if he is released on bail.
D. That all the offences named in the FIR attract punishment of
maximum imprisonment of 7 years. In such case, the
guidelines issued by the Hon’ble Supreme Court in Arnesh
Kumar V/s State of Bihar. Crl. Appeal No: 1277/2014 wherein
it was, inter-alia, held as under:-
“Notice of appearance in terms of section 41A of
Cr.P.C be served on the accused within two weeks
from the date of institution of the case, which may be
extended by the superintendent of police of the
district for the reason to be recorded in writing”
The Ld. Investigating Officer has clearly not followed the
above guideline and not even notice was served to the
applicant.
E. For the applicant accused is entitled to be enlarged on bail as the main
accused Maninder Pal Singh has already been granted bail by the Ld.
Session Court by its order dated 11.02.2025.
F. For that Applicants craves leave to add, alter or amend any of the ground
G. For that the applicant has no criminal antecedents and has not been involved
in any other case or any other penal statute.
H. For the applicant further undertakes that he will not misuse the liberty grant
to him in the even of granting bail to him and will join investigation and trial
as and when directed by this Hon’ble court or by the investigating agency, as
the case may be.
I. For the applicant is ready to aide by the conditions, if any, imposed by the
court as (1) Not leaving India without prior permission of this Court (2)
Attending PS every Week (3)furnishing surety bond to the satisfaction of
this Hon’ble court (4) and would furnishes solvent surety in the event of
grant of bail and/ or any other condition deemed fit by this Hon’ble Court in
the event of granting bail.
J. For that there is no apprehension of his absconding or tempering with the
prosecution evidence.
K. For the applicant further humbly submits that in view of the foregoing facts
and circumstances his further indefinite incarceration will result in serious
miscarriage of justice.
L. That a bare perusal of the case of prosecution shows that is has been filed
merely on assumption, presumptions, conjectures and surmises in as much
as the applicant is an innocent person.
M. That the applicant has not filed any other similar application seeking same
relief either before this Hon'ble Court or any other court.
N. That the applicant shall suffer irreparable loss and grave prejudice in case
the relief claimed herein is not granted to the applicant whereas no prejudice
shall be caused to the department.
O. That the applicant under takes not to violate the condition of the bail order in
the event of releasing him on bail.
PRAYER
i. Pass an appropriate order directing release the Applicant namely
Mandeep Singh on regular bail in FIR No 946/2024 U/S 318(4)
319(2) 336 (3) 340(2) 238 (C) 61(2) BNS 12 Of Passport Act. P.S
I.G.I. Airport. And/or
ii. Any other relief or order which this Hon’ble Court may deem fit and
proper in the facts and circumstances of the case may also Kindly be
granted in favor of the applicant.
Prayed accordingly.
(IN JC)
ACCUSED
Through
Place: New Delhi
Dated
Adarsh Priyadarshi And Associates
Advocate for Applicant
A2/74, LGF, Safdarjung Enclave
New delhi-110029.
Mobile No: +91- 8806662746.
E mail Id :Priyadarshi.adarsh@gmail.com
