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APPLICATION UNDER SECTION 439 of the CODE of CRIMINAL PROCEDURE, 1973 Particulars of Crime Crime No. Police Station: 12 / 2010 Particulars of Impugned order bail application No.: Name of the Judge : C I D, Cyber Cell, Bhopal, M. P. 420, 34 of IPC and 68C, 68D of IT Act.
APPLICATION UNDER SECTION 439 of the CODE of CRIMINAL PROCEDURE, 1973 Particulars of Crime Crime No. Police Station: 12 / 2010 Particulars of Impugned order bail application No.: Name of the Judge : C I D, Cyber Cell, Bhopal, M. P. 420, 34 of IPC and 68C, 68D of IT Act.
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APPLICATION UNDER SECTION 439 of the CODE of CRIMINAL PROCEDURE, 1973 Particulars of Crime Crime No. Police Station: 12 / 2010 Particulars of Impugned order bail application No.: Name of the Judge : C I D, Cyber Cell, Bhopal, M. P. 420, 34 of IPC and 68C, 68D of IT Act.
Copyright:
Attribution Non-Commercial (BY-NC)
Verfügbare Formate
Als DOC, PDF, TXT herunterladen oder online auf Scribd lesen
Appellant (In jail): Dharmendra Soni, S/o Shri Mangeram
Soni, aged about 29 years, R/o House No. RZ-5 Heera Park, Najafgarh, New Delhi-43.
Versus
Respondent:: State of Madhya Pradesh through
Central Investigation Department, Cyber Cell, Bhopal, Madhya Pradesh.
APPLICATION UNDER SECTION 439 OF THE CODE
OF CRIMINAL PROCEDURE, 1973
Particulars of Crime Particulars of Impugned order
Crime No. 12/2010 Bail Application 4024/2010 No.: Police C I D, Cyber Name of the Shri Shailendra Station: Judge : Shukla. Cell, Bhopal, M. P. Offence u/s: 420, 34 of IPC Designation of Fourth Additional Court Session Judge, and 68C, 68D of Bhopal. IT Act. Place : Bhopal Date of /2010. Date of Order : 23/11/2010. Arrest:
The applicant named above respectfully begs to
submit as under: 1) That, this is first bail application of the applicant before this Hon’ble High Court. Particulars of Earlier Application (s)
2. There is no other application under section 439 of
the Code of Criminal Procedure for bail of the applicant is pending before or decided by the Supreme Court, any High Court or any Court Subordinate to a High Court, the particulars thereof.
3. There is no other accused person in this case.
Name of the Date of Institution Date of the Name of the
Accused Applicatio Number Order Judge(s) n if known
4) (In subsequent bail applications)
(a) A certified copy of the order passed by the Learned third additional Session Judge in bail application no. 4024/2010 vide order dated 23/11/2010 is annexed as Annexure A/1.
5) Facts of the case in brief:
5.1 That, the applicant is an educated person and earns
his livelihood only by conducting Coaching classes. The applicant is an acute heart patient and suffered two heart attacks. Copies of his medical treatment are being filed here with as Annexure A-2. 5.2 That, applicant is falsely implicated in tempering with ATM machine and withdrawing Rs. 35,000/- of the complainant from ATM at TT Nagar Bhopal. That, this present bail application is presented before this Hon’ble Court with the following grounds amongst other- 6) Grounds, numbered serially:
6.1 That, the applicant is falsely implicated in this case
because the evidence against applicant is only video footage by which the police authorities confiscated him in this instant case. But this is admitted fact that, the applicant went to ATM for withdraw of his own money from his own account so this evidence is not the sufficient to confiscate him in this case. 6.2 That, the applicant is a young man and have never ever been convicted or prosecuted in any criminal case and earns his livelihood only by running coaching classes and sole bread earner of the family consisting of wife and two children. 6.3 That, it is true that, the applicant went to ATM to withdraw his money but did not withdraw money from the account of the complainant and video footage is only the proof if withdrawal of money from his own account. 6.4 That, the applicant never knows any technique of withdrawal of money by tempering ATM but the police has obtained admission of the applicant by applying physical force and threatening him in various ways. 6.5 That the applicant is an acute heart patient and suffered two attacks already and deserves physical checkup and due care and nursing by keeping him in homely atmosphere to cheer him up to free from anxieties. 6.6 That, the applicant is the only bread butter earner of the family and his whole family are totally depending upon him. 6.7 That, the investigation is completed so there is no chance to manipulate the investigation will be affected if the applicant will be enlarged on bail.
7) That the applicant is permanent resident of House
No. RZ-5 Heera Park, Najafgarh, New Delhi-43, Madhya Pradesh. So that, there is no likelihood of their absconding or misusing their liberty if enlarged on bail.
8) That the applicant is ready to furnish adequate
surety and shall abide by all the directions and conditions which may be imposed by the Court.
PRAYER It is therefore, prayed that the Court may kindly be pleased to order that the accused be enlarged on bail.
PLACE: JABALPUR AMIT SINGH
DATED: 16/12/2010 ADVOCATE FOR APPLICANT IN THE HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR M.Cr.C. No. of 2010
Applicant: - Dharmendra Soni
Versus
Respondent: State of M.P.
INDEX
S.No. Description of documents Annex Page
No. . 1. Index 2. Application u/s 439 of Code of Criminal Procedure,1973 4. List of Documents 5. Certified copy of the order of A/1 the lower court passed u/s 439 of Code of Criminal Procedure, 1973 6. Copies of medical treatment A/2 7. Vakalatnama
JABALPUR (AMIT SINGH)
DATED: 16/12/2010 ADVOCATE FOR THE APPELLANT IN THE HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR M.Cr.C. No. of 2010
Applicant: - Dharmendra Soni
Versus
Respondent: State of M.P.
LIST OF DOCUMETS
S.No. Description of documents Annex Page
No. . 1. Certified copy of the order of A/1 the lower court passed u/s 439 of Code of Criminal Procedure, 1973 2. Copies of medical treatment A/2 3. Vakalatnama
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