IN JUDICIAL LOCK UP

IN THE COURT OF LEARNED CHIEF JUDICIAL MAGISTRATE

SIRMAUR DISTRICT AT NAHAN, H.P

Shri Naresh Kumar S/o Shri Ram Prasad, resident of vill. Kailashpur, P.O.
Sonipat, Distt. Sonipat (Hry)

….. Petitioner
Versus
The State of Himachal Pradesh. ….. Respondent

Bail application under section 437 Cr. P.C.

Respectfully Sheweth: -
1. That the petitioner has been arrested in case under section 61/1/14 of Excise Act
and 420 of I.P.C. vide F.I.R. No. 2/2012 dated 22.09.2012 by the police of P.S. Kala-
Amb, Tehsil Nahan, Distt. Sirmaur, H.P., on 22.09.2012.
2. That the petitioner was arrested by the police and was produced before this ld.
Court, whereby the Ld. Court granted police remand to the petitioner three times and
after entire completion of investigation the ld. Court remanded the petitioner to
judicial lock up on 29.09.2012 dismissed the bail application of the petitioner and, as
such, since then he is in judicial lock-up. The Ld. Court
3. That thereafter the petitioner moved an application under section 439 Cr.P.C.
before the Ld. Sessions Judge, Sirmaur at Nahan, as well as before the Hon’ble High
Court of H.P. Shimla, but both these applications were dismissed by the Hon’ble High
court and Ld. Sessions Judge, Sirmaur, with the opinion that the investigation is yet to
be completed and antecedent are yet to be verified.
4. That now in this application it is very respectfully submitted on the fresh and
changed of circumstances of the case. In fact, the police has, after entire investigation
and completion of the facts of the case, presented the challan of the case on 19.11.2012
against the petitioner before this ld. court and the same is now fixed for 03.12.2012. It
is pertinent to mention here that the police has also recorded the statement of the
persons alleged to be traced and their statements are on the case file of the ld. Court
alongwith entire documents of the vehicle and relating to identity of the vehicle and
Contd…2…
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owner thereof, so under these changed circumstances of the case, the petitioner prays
for bail with any strict condition which this ld. Court may deem fit. In fact, the place
of residence, identity etc. of petitioner have already been investigated by the police.
5. That the police has completed the entire formalities of the case and presented
the challan before this ld. Court and now nothing is to be investigated and nor the
custody of the petitioner is required for further investigation as the petitioner remained
in police remand and is also in judicial lock up
6. That the petitioner is ready to abide by any term or condition while granting
him bail in this case and the petitioner further undertakes that he will make himself
available as and when required by the ld. Court or Investigating Agency of the case.
The petitioner also undertakes that he will not tamper with the prosecution evidence in
any manner and nor shall create direct or indirect inducement in the prosecution
witnesses. The petitioner shall attend the dates of hearing regularly.
7. That the petitioner has been wrongly implicated in the said case, as he has no
art or part in the commission of alleged offences. No fruitful purpose will be served
by keeping the petitioner in judicial lock up whereby it will create crowdness in the
judicial lock up and also unnecessary burden on jail authorities.
8. That the petitioner is only the bread earner of the family and his one son is
suffering from paralytic attack. Moreover, the marriage of his daughter is going to
take place in the next month of December, 2012.
9. That the petitioner is permanent resident of the above said address and there is
no chance of his absconding. The petitioner also will not leave the jurisdiction of
Indian territory with prior intimation to the ld. Court.
It is, therefore, respectfully prayed that in the interest of justice, the petitioner
may please be ordered to be enlarged on bail on such terms and conditions which this
ld. Court deems fit.

Petitioner
Through counsel

Dated: 23.11.2012. (Shakil Ahmed Sheikh) Advocate