IN THE COURT OF THE ADDITIONAL SESSION JUDGE, TIS

HAZARI

Braham Parkash S/o Bhoop Singh R/o New Friends Colony , Paharganj,
Central Delhi
……….Petitioner/Accused

V/S

NCT of Delhi

……….Respondent

FIR No.1082/18.10.2016
Under Section 148,149,302,307,120B,216 IPC & 25 Arms Act
PS, Paharganj, New Delhi

Third application for bail under section 439 CRPC for release of above
petitioner on bail.

(First application for the bail has been rejected by the Court of Shri
N.K. Mehta, the than ASJ, Tis Hazari on 10.08.2018)
(Second application for the bail has been rejected by Hon’ble High
Court on 18.2.2020)

Sir/Madam,

The petitioner/accused above name submit as follows:

1. That the above noted case is pending for 22.7.2020 in the court of
Mr.Naveen Kayshap, ASJ, Tis Hazari.

2. That the Petitioner has been falsely involved in the above noted
case to put pressure upon him not to pursue case/FIR which is
 going on against Delhi Police as brother of Petitioner namely
Sandeep Garoli was killed in a fake encounter by Delhi Police in
Mumbai at the instance of Binder Gujjar and that he is in custody
18.1.2017.

3. That according to the allegation in the FIR on 17.10.2016 at about

9/10 p.m. Complainant Karan Singh was present at his Liquor
Vend situated in front of Prem Mandir, New Colony More, Old
Railway Road, Paharganj,New Delhi. At about 11.45 p.m. Manish
Kumar since deceased along with his driver Sukhbir and Liyakat
came there in his Hyundai Creata vehicle bearing Registration No.
HR 99 XL (Temp) HQ2289 to take the cash amount from the Vend.
The vehicle was driven by Sukhbir and Manish was sitting on the
conductor seat, while Liyakat was sitting on the rear seat. In the
meantime 8-10 young boys armed with weapons came near the
said vehicle and started firing indiscriminately at Manish and
occupants of the vehicle as a result of which Manish had
sustained injuries on this chest, head and abdomen, Sukhbir on
his leg and Likakat on his back and hip. Thereafter the said boys
ran away from there in two vehicles out of which one was Swift
Car of white colour, thereafter Manish was shifted to Sant
Parmanand Hospital, where he was declared brought dead. There
was old amenity in between the family of Complainant, Sandeep
Garoli and Kaushal and that at the time of cremation of Sandeep
Garoli, Manish, Kuldeep, Petitioner and Sudesh Devi had said that
they will not allow the family of Binder Gujjar to celebrate the
festival
 of Diwali and that complainant raised suspicion on Kuldeep,
Petitioner, Kaushal, Manish (Brother of Kaushal) and Amit Daggar.
4. That even according to the case of the prosecution, the Petitioner
was not present at the time of alleged occurrence at the alleged
spot and that he has been booked for the offence Under Section
120B of IPC only on the basis of disclosure statements of co-
accused and that there is absolutely no legal and scientific
evidence i.e. call details, tower location, recovery etc. to connect
the Petitioner with the present case.
5. That the said Binder Gujjar (brother of Manish since deceased) is a
hardcore criminal, who is confined in Dist. Jail. He had a business
rivalry with the brother of the Petitioner namely Sandeep Garoli.
On dated 7.2.2016 the Delhi Police killed the said Sandeep Garoli
in a fake encounter in Mumbai, which was done on the behest of
said Binder. After this fake encounter an FIR was got registered
against the said Police officials, who conducted the fake
encounter.

That on 12.2.2016, the Sudesh (Sister of the Petitioner) along with

her brother Kuldeep filed an criminal writ petition No.675 of 2016
before the Hon’ble High Court of Bombay under Article 226 of the
Constitution of India praying an investigation be conducted by
Constituting a S.I.T. but on 16.3.2016 Bombay High Court passed
an order that since FIR No.92/2016 was already been registered
and the investigation was already entrusted to SIT was at an
advance stage, there was not need to register another FIR
thereafter the Sudesh (Sister of the petitioner) and his brother
Kuldeep filed a Special Leave Petition No.2722/2016 before the
Hon’ble Supreme Court challenging the above said order, which
 was disposed off with an observation that the concerned
Metropolitan Magistrate of the area will look into the matter and
will decide the matter in accordance with the Law as the alleged
encounter found to be fake one and it was disclosed at the
informant and his 4 associates in conspiracy with 3 others have
killed the brother of the Petitioner and show/stage the fake
encounter.

That the entire matter is being looked after by the Petitioner,

sister of the petitioner namely Sudesh and his brother Kuldeep
and i.e. why in the present FIR which was got registered after a
long delay in the morning against the Petitioner and his family
members just to put pressure in the above noted case at Mumbai
either to enter in the compromise with the Delhi Police and
Family member of Binder Gujjar or to withdraw the same.
6. That on 16.1.2017 Sonu, Monu, Ravikant, Deepu etc. Have already
been arrested in the case FIR No.36 dated 16.1.2017 under
Section 398/401 IPC PS- Sampla, Dist. Rohtak and that in the said
case they have made alleged disclosure statement regarding the
involvement of them in the present case due to amenity and that
they did not make any allegation against the Petitioner in any
manner.

7. That the co-accused Sudesh Devi and Kuldeep against whom the
same allegations have been made have already being allowed
regular bail by the High Court and case of the Petitioner is not
distinguishable in any manner from them.
 8. That the Petitioner is a practicing Advocate at High Court of Delhi
and that now except one single case under Section 138 of NI Act
no other case is pending against the Petitioner.

9. That some of the co-accused were arrested later on and fresh

charges have been framed in the above noted case and there is a
long list of witnesses in the charge sheet and it is not known as to
when the witness would appear and dispose before the court and
thus the trial of the case will definitely take a long time. No useful
purpose will be served by keeping the Petitioner in Judicial Lock
Up as a measure of punishment before trial.

PRAYER

It is therefore prayer that the Petitioner may be ordered to be released

on bail pending trial of the case or it is also prayed that the Petitioner
may be ordered to be released on interim bail for 60/90 days due to the
present pathetic situation due to COVID-19/CORONA in the jail.

Dated:

Through counsel Petitioner/Accused

Sanjeev Jain Braham Parkash S/o

Peeyush Jain Bhoop Singh R/o VPO

Advocates – Delhi High Court New Friends Colony,

Paharganj, New

Delhi
 IN THE COURT OF THE ADDITIONAL SESSION JUDGE, TIS
HAZARI

Braham Parkash S/o Bhoop Singh R/o New Friends Colony, Paharganj,
New Delhi ............................................................Petitioner/Accused
V/S

NCT OF DELHI

……….Respondent

FIR No.1082/18.10.2016
Under Section 148,149,302,307,120B,216 IPC & 25 Arms Act
PS,Paharganj,New Delhi
Third application for bail under section 439 CRPC for release of above petitioner
on bail.
(First application for the bail has been rejected by the Court of Shri N.K. Mehta,
the than ASJ, Tis Hazari on 10.08.2018)
(Second application for the bail has been rejected by Hon’ble High Court on
18.2.2020)
INDEX

S.No. Particulars Page Nos.

1. Application for bail
2. Supporting Affidavit
3. Addhar Card
NOTE: Vakalatnama already attached with the main case file.

Dated:

Through counsel Petitioner/Accused

Sanjeev Jain Braham Parkash S/o

Peeyush Jain Bhoop Singh R/o
Advocates – Delhi High Court New Friends
Colony,
Paharganj,
 IN THE COURT OF THE ADDITIONAL SESSION JUDGE, TIS
HAZARI

Braham Parkash S/o Bhoop Singh R/o New Friends Colony, Paharganj,
New Delhi ............................................................Petitioner/Accused
V/S

NCT OF DELHI

……….Respondent

Application Under Section 439 CRPC for release of Petitioner on bail

AFFIDAVIT

1. Affidavit of Murti Devi W/o Bhoop Singh R/o 8A, New Friends
Colony, Paharganj, New Delhi
2. That this is the Third application of bail under Section 439 CRPC
filed by the counsel of the Braham Parkash as per my instance and
document provided to the counsel and no other bail application is
pending in any Court of Law.
DEPONENT
VERIFICATION
Verified that the contents of the Affidavit are true and correct to the
best of my knowledge and nothing has been concealed therein at all.

Dated:
Place : Delhi DEPONENT