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    Durgesh Written Arguments

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    adarsh
    Durgesh Kumar Jha, who was arrested on December 14th, 2021 in Delhi, applied for bail. He had cooperated with the investigation by meeting with officers 3 times prior to his arrest. He has only one other pending case from Hisar in which he was granted bail. He is willing to abide by any conditions imposed by the court. The application requests that bail be granted to Durgesh Kumar Jha until the final disposition of the case, in the interests of justice.

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    Durgesh Written Arguments

    Uploaded by

    adarsh
    1K views4 pages
    Durgesh Kumar Jha, who was arrested on December 14th, 2021 in Delhi, applied for bail. He had cooperated with the investigation by meeting with officers 3 times prior to his arrest. He has only one other pending case from Hisar in which he was granted bail. He is willing to abide by any conditions imposed by the court. The application requests that bail be granted to Durgesh Kumar Jha until the final disposition of the case, in the interests of justice.

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    Durgesh Kumar Jha, who was arrested on December 14th, 2021 in Delhi, applied for bail. He had cooperated with the investigation by meeting with officers 3 times prior to his arrest. He has only one other pending case from Hisar in which he was granted bail. He is willing to abide by any conditions imposed by the court. The application requests that bail be granted to Durgesh Kumar Jha until the final disposition of the case, in the interests of justice.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    1K views4 pages

    Durgesh Written Arguments

    Uploaded by

    adarsh
    Durgesh Kumar Jha, who was arrested on December 14th, 2021 in Delhi, applied for bail. He had cooperated with the investigation by meeting with officers 3 times prior to his arrest. He has only one other pending case from Hisar in which he was granted bail. He is willing to abide by any conditions imposed by the court. The application requests that bail be granted to Durgesh Kumar Jha until the final disposition of the case, in the interests of justice.

    Copyright:

    © All Rights Reserved
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    Download as pdf or txt
    of 4

    IN THE COURT OF DR. PANKAJ SHARMA, LD.

    CMM, DISTRICT NEW


    DELHI, PATIALA HOUSE COURT, NEW DELHI

    Misc. Bail Application U/s.437 Cr.P.C.

    (FILED THROUGH AVAILABLE EMAIL ID OF CONCERNED READER


    OF THE HON’BLE COURT)

    IN THE MATTER OF:


    Durgesh Kumar Jha @ Rajeev
    S/o Shri Sunil Chandra Jha
    R/o Village Belam,PostRaiyam,
    Police Station Sakri, District Madhubani,
    Bihar. …Petitioner

    Versus
    The State …Respondent

    FIR No.250/2021
    Dated: 17.08.2021
    U/s.419/420/120B & 32 IPC
    & 66D IT Act
    P.S.: Saket (CCU) Special Cell, Delhi
    D.O.A. 14.12.2021

    WRITTEN ARGUMENTS IN SUPPORT OF BAIL APPLICATION UNDER


    SECTION 437 CR.P.C. FOR GRANT OF BAIL ON BEHALF OF
    APPLICANT/ACCUSED NAMELY DURGESH KUMAR JHA @ RAJEEV
    Most Respectfully Showeth:
    1. That the applicant/accused was already before the date of
    arrest i.e. 14/12/2021 was cooperating with the investigation
    officer and on the directions of the investigation officer the
    applicant/accused was secured his presence before the
    investigation officer on 3 different dates.

    2. That the applicant/accused’s elder brother also accompanied


    on his first presence before the investigation officer.

    3. Be as it may be, this court is required to examine the


    application of the present applicant keeping in mind the legal
    position as enunciated in plethora of judgments of Hon'ble
    Supreme Court and Hon'ble High Courts, The right of the
    accused/applicant to liberty, Prior to his being found guilty of
    the charge against him has to be weighed against the public
    interest involved in ensuring that the trail proceeds fairly and
    unhindered. At this stage, the observation/guidelines of the
    Hon'ble Supreme Court in Arnesh Kumar vs. State of Bihar
    AIR 2014 SC 2756 merit reproduction:
    “13. Our endeavour in this judgment is to ensure that police officers do

    Not arrest accused unnecessarily and Magistrate do not authorise


    detention casually and mechanically. In order to ensure what we have
    Observed above. we give the following direction... ...(Emphasis supplied)
    (6) Notice of appearance in terms of Section 4lA of Cr.P.C be served on the
    accused within two weeks from the date of institution of the case, which
    may be extended by the Superintendent of Police of the District for the
    reasons to be recorded in writing... ...( Emphasis supplied)
    14. We hasten to add that the directions aforesaid shall not only apply to
    the cases under Section 498-A of the I.P.C. or Section 4 of the Dowry
    Prohibition Act, the case in hand. But also such cases where offence is
    Punishable with imprisonment for a term which may be less than seven
    Years or which nay extend to seven years: whether with or without fine.”
    4. That the applicant/accused has not been involved in any other
    offence except a case pending trial at Hisar in which he was
    enlarged on bail by Hon’ble Ved Prakash Sirohi, Ld. Additional
    Sessions Judge in FIR No. 04 dated 10.06.2021 Under Sections
    406, 420, of Indian Penal Code, 1860, Police Station Cyber
    Crime, Hisar by order dated 30.06.2021 while observing that
    present applicant/accused was merely employee of that
    company. It is pertinent to mention here that the present case
    also relates to June and it is not the case that
    applicant/accused has jumped bail and committed alleged
    crime after getting bail. Copy of the bail order is annexed here
    as annexure A

    5. That the applicant/accused is ready to abide each and every


    condition in the event of grant the bail to him in the present
    case till the final disposal including the undertaking that he
    will not breach any terms and conditions if imposed by this
    Hon’ble Court while granting bail to him in the present case.

    6. That the Applicant/accused has not moved the similar


    application before this Hon’ble Court or before any available
    Higher Court including the High Court of Delhi except filing the
    same, hence this application.
    PRAYER

    It is, therefore, most respectfully prayed that this Hon’ble


    Court may kindly be pleased to:
    a) Prayer to grant the bail to the petitioner under the facts and
    circumstances of the present case till its final disposal and
    also in the interest of justice.

    b) Pass any other or further order as this Hon’ble Court may


    deem fit and proper under the facts and circumstances of case
    and also in the interest of justice.

    Applicant/Accused
    (in J.C.)
    New Delhi
    Dated: Through

    Adarsh Kumar & Shailendra Singh


    (Advocates)
    Chamber No. 351, Patiala House Court,
    New Delhi,
    Mo. 8299746983 & 9910062302
    Email Id – [email protected]

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