BAIL APPLICATION (TASK 1 OF JUNE INTERNSHIP) SUBMITTED BY: MD TALHA KHAN

IN THE COURT OF THE SESSIONS JUDGE, HYDERABAD.

BAIL APPLICATION NO. 21/2023,

IN CRIMINAL CASE NO. 27 OF 2023

IN THE MATTER OF:

Angad Kumar (35 years)

S/o. Vivekananda,

Professor at Delhi College,

7G, Rainbow Colony,

South West Vihar & Post,

Phantom District, Delhi-50C002.

.........PETITIONER/

2nd ACCUSED

VERSUS-

STATE OF DELHI

………RESPONDENT

FIR NO.356/2023

Under Sec. 302 OF IPC, 18C0.

P.S. Kashmiri Gate, Delhi.

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BAIL APPLICATION (TASK 1 OF JUNE INTERNSHIP) SUBMITTED BY: MD TALHA KHAN

An application under Sec. 439 of Code of Criminal Procedure, 1973,

Prayer for the release of Accused No.2, Angad Kumar on bail.

The humble Petition on behalf of the above-named Petitioner.

MOST RESPECTFULLY SHOWETH:-

1. That the present application under section 439 of the Code of Criminal

Procedure, 1973 is being filed by the Petitioner for seeking a grant of bail in

FIR No. 392/2023 registered at Kashmiri Gate Police Station. The present

petition is being moved as the Petitioner has been arrested on 05/02/2023, in

connection with the said FIR. The petitioner is now in police custody.

Factual Background:

The case as per the prosecution is as follows:

a. That the Petitioner is innocent and is being falsely implicated in the

above-said case as he has nothing to do with the matter.

b. On 04/02/2023, Mahesh (Deceased Swathi's father) came to the

petitioner's house at the above-mentioned addresses. He told the petitioner

that his daughter had made a phone call to him for the first after they left

their town. (Phantom District)

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c. Further he said that his daughter was so happy to talk to him and informed

Mahesh that she and her husband (Ramesh) were better in financially and

living in a better place now. Therefore, she invited Mahesh to her home

which is in Kashmiri Gate, P h a n t o m District, for once.

d. Mahesh was so happy while telling this to the petitioner and asked to

accompany him to go and visit her daughter's house. So, the petitioner

went along with him to his daughter's house.

e. Being uncle to Swathi, Petitioner was so happy for the visit where

he had seen Swathi as a daughter since childhood.

f. The very next day both Mahesh and the petitioner went to Swathi's

home. Ramesh (Swathi's husband) welcomed both and spoke with them

for over an hour. The petitioner was standing on the house's balcony as

the cell phone's network was so poor.

g. While he was talking to his wife on the phone, the petitioner heard a bullet

sound and rushed into the house, where both Ramesh and Swathi were

dead already while Mahesh looked furious by holding a gun.

h. As the deceased Swathi's house is an apartment the neighbours also

heard the gunshots and informed the Kashmiri Gate police station

about this matter they arrested both the petitioner and the 1st accused.

i. The petitioner neither has Mens rea nor aware of the intention of

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BAIL APPLICATION (TASK 1 OF JUNE INTERNSHIP) SUBMITTED BY: MD TALHA KHAN

Mahesh. So, the petitioner is innocent and no useful purpose would be

served by keeping him under custody and this is a fit case for grant of

bail.

j. In the FIR filed by the Kashmiri Gate police, they have not mentioned that

the petitioner was expressly or impliedly involved in the murder. And

mere standing at the crime scene could not constitute the person who

committed the crime.

k. The petitioner is the only earning member of their family, his father is

getting treated for COVID-19 and his children are studying standard V,

So he alone could able to feed, pay and repay his debts as he is the only

earning member of the family. If he remains in custody any further his

family will be in survival crisis.

LEGAL SUBMISSIONS:

3. It is humbly submitted that there are well-established principles

governing the court's exercise of discretion under Sec.43U of the Code

of Criminal Procedure ("Cr.P.C.") HC-NIC Page 20 of 33

JUDGMENT, that in considering the prayer for bail in a case involving

serious offence like murder, punishable under Section 302 IPC, the

court should consider the relevant factors like the nature of the

accusation made against the accused, how the crime is alleged to have

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been committed, the gravity of the offence, and the desirability of

releasing the accused on bail after they have been convicted of committing

the serious offence of murder.

4. It is submitted that Vijay Kumar V. Narendra and others (2002 (U) SCC 3C4),

that in considering the prayer for bail in a case involving a serious offence

like murder punishable under Section 302, IPC, the court should consider all

the relevant factors like the nature of accusation made against the accused, how

the crime is alleged to have been committed. the gravity of the offence, the

desirability of releasing the accused on bail after he has been convicted for

committing the serious offence of murder, etc.

5. That the Petitioner is a law-abiding citizen of India. The petitioner is a PhD

holder in physics and working as a professor at Delhi Arts and Science

College which is situated in his village. (Copy of Degree completion

certificate enclosed herewith as Annexure I).

6. That, the Petitioner is a responsible person and his family has an excellent

reputation in their village.

7. The petitioner has no pending cases or FIR in any court or police station

respectively. He had a case registered against him for instigating violence

during his college years but he was acquitted from the same. (Copy of FIR

enclosed herewith as Annexure Il)

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8. The petitioner has never fought with anyone or done any mischief.

9. Moreover, the petitioner is suffering from a very rare disease. This

disease can be cured only in Narmada hospital which is in Delhi and

no other hospital has special equipment and means to cure this

disease. (Copy of Medical Record of Petitioner enclosed herewith as

Annexure III)

10. That, the Petitioner undertakes to abide by the conditions that this

Honourable Court may impose at the time of granting bail to the Petitioner

and further undertakes to attend the trial on every date of hearing further

undertakes to attend the trial on every date of hearing.

11. That the Petitioner has not filed any other similar petition before this

or any other Honourable Court for grant of bail in case of the

present FIR.

12. The petitioner is ready and willing to furnish adequate surety in case of his

bail.

13. That this petition is made bona fide for the ends of justice. No prejudice would

be caused to the Investigating Agency if the present Petition is not allowed.

However, grave prejudice would However, grave prejudice would be caused

to the petitioner if the present petition is not allowed.

14. The Petitioner reserves the right to raise additional grounds and

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address additional arguments at the stage of oral argument.

PRAYER

In light of the facts and circumstances aforementioned, it is humbly prayed that

this Hon'ble Court may be pleased to:

a. Pass an order releasing the Applicant on Bail in Criminal Case No. 27/2023

arising out of PS. Kashmiri Gate, FIR No. 3C2/2023, dated 05/02/2023

under sections 302 of IPC;

b. Pass such order(s) in favour of the Applicant as this Hon'ble Court

may deem fit and proper in the interest of Justice.

PETITIONER/ACCUSED

THROUGH:

ADVOCATE

PLACE: DELHI

DATED:10/02/2023

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