Yameen v. Rahul Bail Application
Yameen v. Rahul Bail Application
VERSUS
Rahul @ Kala @Babu …APPLICANT/ACCUSED
MEMO OF PARTIES
Versus
Through
AMR & ASSOCIATES
(Advocates for the Accused)
Chamber No. 181, Lawyer’s
Chamber Block, Saket Court Complex. Ph.
No.: 9810212052
New Delhi
Date:
VERSUS
1. That the present FIR has been registered on false and bogus facts. The
facts stated in the FIR are fabricated, concocted and without any basis.
The copy of E-FIR is annexed herewith as ANNEXURE A for kind
perusal of this Hon’ble Court.
3. That the Complainant and the police have falsely implicated the
Applicant in the present case. The Applicant is respectable & law-abiding
citizens of India, residing permanently at the above noted address.
4. That the allegations levelled by the Complainant and the contents of the
FIR are totally false and are concocted just to harass the Applicant.
5. That the Applicants is not required in any kind of custodial interrogation.
That the Applicant/accused is willing to join the investigation and co-
operate with the police.
6. That in view of the above, the instant bail application on behalf of the
applicant should be accepted on the following grounds-
(i) BECAUSE the Applicant is the permanent citizen of Delhi and will not
try to leave/evade from the jurisdiction of this Hon’ble Court.
(ii) BECAUSE the Applicant have no chances of his absconding from the
course of justice.
(v) BECAUSE the Applicant further undertakes not to tamper with the
evidence or the witnesses in any manner.
(vi) BECAUSE the Applicant shall not leave India without the permission of
the Court.
(vii) BECAUSE the Applicant has been in Judicial Custody for more than
four months and that his custody serves no purpose for the Hon’ble Court.
“In bail applications, generally, it has been laid down from the earliest
times that the object of bail is to secure the appearance of the accused
person at his trial by reasonable amount of bail. The object of bail is
neither punitive nor preventive. Deprivation of liberty must be considered
a punishment, unless it is required to ensure that an accused person will
stand his trial when called upon. The courts owe more than verbal
respect to the principle that punishment begins after conviction, and that
every man is deemed to be innocent until duly tried and found guilty.
Apart from the question of prevention being the object of refusal of bail,
one must not lose sight of the fact that any imprisonment before
conviction has a substantial punitive content and it would be improper
for any court to refuse bail as mark of disapproval of former conduct
whether the accused has been convicted for it or not or to refused bail to
an unconvicted person for the purpose of giving him a taste of
imprisonment as a lesson.
(xi) BECAUSE the Applicant is ready and willing to accept any other
conditions as may be imposed by the Court or the police in connection
with the case.
It is therefore most respectfully prayed before this Hon’ble Court that this
Hon’ble Court may direct the release of the Applicant on bail.
Applicant
Through
AMR & ASSOCIATES
(Advocates for the Accused)
Chamber No. 181, Lawyer’s Chambers Block,
Saket Court Complex. Ph. No.: 9810212052
New Delhi
IN THE HON’BLE COURT OF MS. SONAM SINGH, HON’BLE
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, SOUTH
DISTRICT, SAKET COURT COMPLEX, NEW DELHI
BAIL APPLICATION NO._________/2023
IN THE MATTER OF:
Yameen @Yemin Sk …. COMPLAINANT
VERSUS
Rahul @ Kala @Babu …APPLICANT/ACCUSED
AFFIDAVIT
I, Rahul @Kala @ Babu S/o Sh. Ajooba @Ajuba Sheikh, R/o B-619,
Gautampuri, Phase 2, Badarpur, New Delhi- 44 and Village Kalikapur,
Post Jafrabad, PS Lalbagh, Distt Murshidabad, West Bengal, do hereby
solemnly affirm and declare as under:
1. That I am Perokar for Applicant/Accused in the above noted case and
well conversant with the facts and circumstances of the present case.
2. That the accompanying application U/s 439 of Cr.P.C. has been drafted
by my counsel, the same has been understood by me and I admit them as
correct. The contents thereof be read as part and parcel of this affidavit as
the same are not being of this affidavit as the same are not being repeated
herein for the sake of brevity.
DEPONENT
VERIFICATION:
Verified at New Delhi on this_____ day of ________, 2023 that the
contents of this affidavit are true and correct to the best of my knowledge
and belief and nothing material has been concealed therefrom.
DEPONENT
IN THE HON’BLE COURT OF SH. AVIRAL SHUKHLA,
HON’BLE METROPOLITAN MAGISTRATE, SOUTH DISTRICT,
SAKET COURT, NEW DELHI
BAIL APPLICATION NO._________/2023
IN THE MATTER OF:
Yameen @Yemin Sk ….COMPLAINANT
VERSUS
New Delhi
Date: 31.01.2023