IN THE COURT OF THE HON’BLE SESSIONS
JUDGE, NEW DELHI
Bail Application under Section 483 of the Bharatiya Nagarik Suraksha
Sanhita, 2023
(Corresponding to Section 439 of the Code of Criminal Procedure, 1973)
In the matter of:
Rohan Sharma … Applicant/Accused
S/o Mr. Rajesh Sharma,
Age: 32 years,
Resident of H-12, Green Park, New Delhi – 110016.
Versus
State (NCT of Delhi) … Respondent
MOST RESPECTFULLY SHOWETH:
1. Facts of the Case
o (a) The Applicant is a law-abiding citizen, an IT professional and co-founder
of Tech Heights Pvt. Ltd., a reputed software development company.
o (b) FIR No. 1011/2024, dated 21 November 2024, was registered at
Connaught Place Police Station, New Delhi, under Sections 103 and 238 of
the Bharatiya Nyaya Sanhita, 2023 (offences corresponding to Sections 302 &
201 IPC).
o (c) It is alleged that on the night of 19 November 2024, the Applicant met his
business partner, the deceased Arjun Verma, at their office and that later Arjun
was found dead with a head injury.
o (d) The Applicant was arrested on 25 November 2024 and has remained in
judicial custody since his production before the Learned Magistrate.
2. Grounds for Grant of Bail
The Applicant humbly submits the following grounds:
o (i) No Direct Evidence:
There is no eyewitness or direct evidence to prove that the Applicant caused
the death of the deceased. The prosecution case rests solely on circumstantial
evidence.
o (ii) Weak Circumstantial Links:
The only material relied upon is CCTV footage of the Applicant entering and
leaving the office and the recovery of a wooden statue bearing the deceased’s
blood. No fingerprints or DNA of the Applicant have been established on the
alleged weapon. Mere presence at the office for a business meeting cannot be
treated as incriminating.
o (iii) Clean Antecedents:
The Applicant has no prior criminal record and is a respected entrepreneur. He
has roots in the society, a permanent residence in New Delhi, and no
possibility of absconding.
o (iv) Full Cooperation with Investigation:
The Applicant has cooperated throughout—he presented himself to the police,
provided all required documents, and has never attempted to tamper with
evidence or influence witnesses.
o (v) Prolonged Custody Likely:
Investigation is complete and charge-sheet filing may take time; trial for an
offence of this nature is likely to be protracted, resulting in unduly long pre-
trial incarceration which is contrary to the principle of presumption of
innocence guaranteed under Article 21 of the Constitution of India.
o (vi) Willingness to Abide by Conditions:
The Applicant undertakes to appear before the Court on every date of hearing,
not to leave India without prior permission, and not to influence any witness.
3. Prayer
In view of the above facts and circumstances, it is most respectfully prayed that this
Hon’ble Court may be pleased to:
o (a) Enlarge the Applicant, Rohan Sharma, on regular bail in FIR No.
1011/2024, Police Station Connaught Place, under Sections 103 and 238 of the
Bharatiya Nyaya Sanhita, 2023, on such terms and conditions as this Hon’ble
Court deems fit and proper; and
o (b) Pass any other order(s) as may be deemed just and proper in the interest of
justice.
Place: New Delhi
Date: ___________
Filed by:
Counsel for the Applicant
(Signature & Name of Advocate)
Applicant:
Rohan Sharma
Key Points Highlighted for Classroom Discussion
Presumption of Innocence: Bail sought despite seriousness of allegations because the
prosecution case is entirely circumstantial.
Section 483 BNSS (analogous to Section 439 CrPC): Empowers Sessions Court/High
Court to grant bail in serious offences.
Safeguards: Clean record, fixed residence, assurance of cooperation, and absence of
evidence linking applicant to weapon are crucial.
