Bail Section 437 - Nandini Biswas

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IN THE COURT OF THE HON’BLE JUDICIAL MAGISTRATE FIRST CLASS

In the matter of:

Mr. Raghav Dutta ...Petitioner

v.

State of Karnataka ...Respondent

APPLICATION UNDER SECTION 437 OF THE CODE OF CRIMINAL


PROCEDURE, 1973 FOR GRANT OF BAIL

FIR No. : ___/2022


Date: January 1’ 2022
Police Station: Bannerghatta Police Station, Bengaluru Offence Under Section: 392 of Indian
Penal Code

MOST RESPECTFULLY SHOWETH:

1. That, the present application under section 437 of the Code of Criminal Procedure,
1973 is being filed by the Petitioner for seeking grant of bail in FIR No.5501/2021
registered at the Bannerghatta Police Station. The present petition is being moved as
the Petitioner has been arrested on December 3rd’ 2021 subsequent to the
abovementioned FIR. The petitioner is now in police custody.

2. That, without there being any connection of the petitioner with alleged offence, the
petitioner is roped in a false case.
3. That, the allegations made against the petitioner are false, frivolous and vexatious,
and lack material substance.

4. That, the petitioner is a permanent resident of Bangalore and comes from a reputed
family, and has been earning a steady livelihood as a Sales Rep at Decathlon,
Bannerghatta, Bangalore, since 2017.

5. That, the petitioner has good antecedents, and there are no criminal cases pending
against him.

6. That, prima-facie, no case can be made out u/s 373 of IPC as alleged by the
Respondent against the present petitioner and the petitioner has been falsely
implicated by the police in the present case.

7. That, by getting the petitioner arrested the petitioner has been deprived of his valuable
fundamental right of liberty by abuse of powers and process of law by the
complainant.

8. That, the petitioner is innocent and has been involved falsely due to a personal grudge
to settle the score by the respondent and due to previous enmity and family feud.

9. That, the petitioner is willing to furnish surety and bail bonds to the satisfaction of this
learned court in case he is ordered to be released on bail. The petitioner is also willing
to join the investigations and bind himself by the terms and conditions laid down by
the law or by this Hon'ble court. It is further submitted that the petitioner is not at all
required for the investigations. However, if the petitioner is required for investigation,
the petitioner undertakes to be present as and when required in accordance with the
law.

10. That, neither any recovery is to be effected from the petitioner nor the petitioner is in
a position to temper with the prosecution evidence. The petitioner will associate with
the investigation whenever required to do so.

PRAYER

It is, wherefore, most respectfully prayed that:


1. The petitioner may be ordered to be released on bail and this application for bail may
kindly be allowed;
2. Till the decision of this application, interim bail may be granted to the petitioner;
3. Such other orders be passed in the favour of the petitioner as deemed fit and proper in
the facts and circumstances of the case and in the interest of justice.

Petitioner Through Counsel for the Petitioner


IN THE COURT OF HON’BLE JUDICIAL MAGISTRATE FIRST CLASS

In the matter of:

Mr. Raghav Dutta ...Petitioner

v.

State of Karnataka ...Respondent

Affidavit in support of the application under Section 437 of Code of Criminal


Procedure, 1973

I, Raghav Dutta, do hereby solemnly affirm and declare as under:-


1. That the accompanying application under section 437 CrPC has been drafted at my
instance and under my instructions.
2. That the contents of paras 1 to 10 are true and correct to the best of my knowledge.
3. That I further solemnly affirm and declare that this affidavit of mine is correct and
true, no part of it is false and nothing material has been concealed therein.

Affirmed here at Bangalore on 1st day of January in the year 2022.

Deponent

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