1st Bail Application under section 439 of Cr.P.C.

In The Court Of Hon’ble Sessions Judge, Narnaul

Satender son of Sultan Singh, residents of village Kalba, PS Nangal Chaudhary, District
Mahendargarh, Haryana.

…Accused/Petitioner

Versus

State Of Haryana

…Accused/Petitioner

FIR No. 248

Dated – 16/09/2020

Under Section- 148/149/332/353/379B/506 IPC …………….

P.S.- Nangla Chaudhary

1st Bail Application under section 439 of Cr.P.C.

Hon’ble Sir,

The petitioner submits as under:

1. That a false case has been got registered by the complainant in collusion with police

against the accused/petitioner after concocting a story, whereas the petitioner is

innocent and is confined in jail since 16/09/2020 in the present case.

2. That the accused/petitioner had moved an application for bail under section 437 of

Cr.P.C. in the Hon’ble Court of Ld. Area Magistrate, Narnaul and the same was

dismissed on merit.

3. That the perusal of the facts collected so far in the course of investigation reveals that

no offence u/s 379B is made out because if the case of the prosecution is taken on the

face of it even then there is no intention on the part of the accused/petitioner to

snatch any article like vehicle or mobile phone or any other article and prima facie

section 379B is not made out.

4. That in this case the complainant party is the aggressor. The accused petitioner

Satender had deployed the JCB machine for leveling the ground situated near the main

road and the complainant party, who claim themselves to be the officers of forest

department, by chance came there and all of a sudden they started grappling with the

driver of the JCB machine and thereafter, with accused Satender and they further tried

to take him away with them by putting him forcibly in their vehicle. Then the farmers

who were working in the nearby fields rushed to the spot in order to rescue Satender

Singh and in this process when the complainant employees were trying to run away,

they might have sustained some injuries and the petitioner had not caused any injury

to the complainant party.

5. That the accused/petitioner is sarpanch of village Gram Sarpanch Village Kalba and has

deep roots in the society and has agriculture land in the village. All the witnesses are

officials of forest department and police personal and as such there is no possibility of

influencing or tampering with the prosecution witness.

6. That due to the COVID-19 pandemic the trial of the case is being delayed and there are

very chances that the conclusion of trial and final decision of the case may take

sufficient long time.

7. That the complaint party being government officials by misuse of their post, got

registered a false case against the accused/petitioner and the police also did not

conduct the fair investigation.

8. That the accused/petitioner is not required for the purpose of investigation and no

useful purpose would be served by keeping the petitioner behind the bars.

9. That the petitioner has deep roots in the society and therefore, there is no

apprehension of absconding of the petitioner.

10. That petitioner is ready to give sound surety and furnish the bond as per the orders of

the Hon’ble court.

11. That the petitioner is a law abiding person and therefore, there is no apprehension of

tempering with the prosecution witnesses or its incriminating articles by the

petitioner.

12. That the petitioner shall appear before the Hon’ble Court as and when ordered by the

court.

13. That the petitioner shall abide by all the terms and conditions to be imposed by the

hon’ble court in the event of release of petitioner on bail.

Therefore, it is submitted that the present application for bail

may kindly be allowed and petitioner may please be released on bail and in the alternative

it is further submitted that looking into the present scenario arising due to the COVID-19
pandemic any other appropriate relief which the Hon’ble court deems appropriate may

kindly be granted.

Date:

Submitted by:

Satender son of Sultan Singh,

residents of village Kalba, PS Nangal Chaudhary,

District Mahendargarh, Haryana.

Through counsel