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