DRAFTING SKILLS II (CRIMINAL PLEADINGS)

COURSE CODE: 2MC611

DRAFTING EXERCISE - REGULAR BAIL APPLICATION

SUBMITTED BY -

17BAL122, SEMESTER VI, DIVISION A.

SUBMITTED TO – COURSE COORDINATOR

ASST. PROF. DEVANG CHHTRAPATI

Bail Application No. 541 of 2020

IN

Sessions Court Case No. 1025 of 2020

IN

(Dadar Police Station C.R. No. 345 of 2020)

Mr.Dhiraj Milan,

Aged 21 years, Occupation – worker,

Residing at B-10, Status Apartments, Mumbai …Applicant/ Accused

Versus

State of Maharashtra

(Through – Dadar Police Station) …Respondent

Charged u/s 372, 373, 376 r/w 34 of I.P.C., u/s 4, 5,6 & 8 of P.I.T.A and u/s 4 & 8 of POCSO
Act.

BAIL APPLICATION UNDER SECTION 439 OF THE Cr.P.C.

It is most respectfully prayed:

On behalf of the Applicant above named/ Accused, I beg to state and submit as follows:

1. That, the Applicant/ Accused was arrested on 2nd January, 2020 by Police officials of
Dadar Police Station for the alleged offence, punishable under Sections 372, 373 and 376
r/w 34 of I.P.C., Sections 4,5,6 and 8 of P.I.T.A Act and produced before the Hon’ble
Sessions Court, Dadar and subsequently, was remanded to police custody and judicial
 custody from time to time and presently, is lodged at Mumbai Central jail. The
prosecution side has filed the Charge Sheet on 10.02.2020.
2. That, the prosecution’s story in brief is that –
“The Complainant Miss. Tanishka Madan and her friend Miss. Radhika Agarwal were
natives of Kolkata. The Complainant and her friend met the applicant at a bar in Kolkata.
They started meeting the applicant quite often in various bars during one month when the
applicant was in Kolkata for his work. In one of their meetings, the complainant and her
friend both expressed their woes and told the applicant that they are in dire need of
money and asked the applicant to look for some work or job for both of them.
In the next meeting, the applicant informed the complainant and her friend that he may
get them work in a dance bar in Mumbai if they wished to where they will be served good
food and get shelter and they can also earn money to meet their necessities. Both the girls
accepted the proposal of the applicant and consent to join him to Mumbai without
informing their parents. After a week, they left for Mumbai along with the applicant and
the applicant managed to get them work in a dance bar. Thereafter, the applicant tried to
contact them to inquire whether they were able to manage and adjust with the new job
and if they were facing some difficulties or needed some help.
The complainant as well as her friend did not pick up the calls of the applicant and
thereafter the applicant tried to find them at the dance bar. When he reached the bar, he
was informed that both of them were with the manager of the bar at his place. When he
reached the manager’s place, he found that place to be a brothel and both the complainant
and her friend were engaged in prostitution. When the applicant caught both the girls red-
handed and told them that if they did not stop engaging into such activities, he will
inform their parents about it.
Thereafter, the complainant got afraid of the applicant’s words that he may inform their
parents, she went to the Dadar Police Station and registered a frivolous F.I.R. vide C.R.
no. 345 of 2020, a copy of which is annexed herewith as ‘Annexure A.’ Thereafter, on
the very next day, the applicant was unlawfully picked up from his home by the Police
Officials of Dadar Police Station and thereafter on 15.01.2020, the applicant was shown
as arrested 10.00 P.M. The prosecution had further filed the charge sheet on 10.02.2020,
which is annexed herewith as ‘Annexure B.’
3. It is also submitted that the allegations made against the accused are all false, frivolous
and vexatious and lack in the material substance. The accused has nothing to do with the
alleged offences and he belongs to a reputed family and earning livelihood by working as
a technical worker in a company. The accused is the only bread winner in the family and
his old aged parents are dependent on him. The accused is innocent and has been
involved falsely due to personal grudges.
4. That by getting the accused arrested the accused has been deprived of his valuable
fundamental right of liberty by abuse of legal provisions and process of law by the
complainant. That the accused is willing to furnish surety, bail bonds to the satisfaction of
this Hon’ble Court on being ordered to be released on bail.
5. That neither any recovery is to be effected from the accused nor is the accused in a
position to temper with the prosecution evidence.
6. On behalf of the Applicant/ Accused, I pray for bail on the following amongst other
grounds;
GROUNDS
a) That the Applicant has been falsely implicated in this case.
b) That the Applicant is not running any brothel house as stated by the complainant and
there are no eye-witnesses in the case who state that he was running a brothel in the
house.
c) That, the Applicant is not involved in any buying or selling minor girls for
prostitution and he is being falsely implicated in this case.
d) That, the complainant and her friend had themselves asked for help to the Applicant
and it is with full consciousness and with their own consent they accompanied the
Applicant to Mumbai.
e) That, the complainant has herself stated in her that she came to Applicant as she and
her friend was in dire need of money and they came to Mumbai without even
informing their parents.
f) That, the Applicant is in no way indulged in earning living through prostitution as he
is employed in a reputed company as a technical worker and his salary slips may be
inquired for the same.
 g) That, the raid that was conducted in the house of Applicant was not in accordance
with law as Police officer cannot conduct raid under Section 15 without warrant.
h) That, the complainant and the friend without even informing the complainant reached
the house of manager of the bar and did not respond to the complainant when he tried
to contact them to know about their well-being.
i) That, there is not even a strong piece of evidence against the Applicant and he is
being falsely victimized in the case due to fear of the complainant.
j) That, the investigation in this case is over and respective Charge Sheet has also been
filed in the Hon’ble Court
k) That, the Applicant is in the ‘jail custody’ since one and a half month i.e. 15.01.2020
till date. His further detention will not serve the purpose and his liberty will be
unnecessarily curtailed.
l) That the Applicant has not filed any Bail Application, prior to this Bail Application,
i.e. this is the first Bail Application since his arrest.
m) That the Applicant undertakes not to leave the jurisdiction of the state of Maharashtra
and India without the orders of the Court.
n) That, the accused is a permanent resident of Dadar, Mumbai and if he is enlarged on
bail, he will attend the Dadar Police Station as and when required, by this Hon’ble
Court.
o) That, the Applicant is of 21 years and unmarried and his past antecedent is
‘outstanding.’
p) That, the Applicant agrees to abide by any condition imposed by this Hon’ble Court.
7. That, the Applicant has not filed any other Bail Application before any other Hon’ble
Court.
8. That the verification of the Accused be dispensed with, as the Applicant is in the jail
custody i.e. Mumbai Central jail.
9. In the view of the foregoing, it is, most respectfully prayed that:
(i) the Applicant/ Accused may kindly be admitted to bail on such terms and
conditions that his Hon’ble Court, may deem fit and proper;
(ii) to pass any further order or orders as this Hon’ble Court, may deem fit and
proper;
And for this act of kindness the Applicant/ Accused and his guardians, shall ever pray
for.

Dated this 21st day of February, 2020 at Dadar, Mumbai

Advocate for the Applicant.

Note:
This application is filed through the father of the Applicant Shri. Ashish Milan. It is
therefore prayed that the application of the Applicant may kindly be allowed and the
accused may kindly be released on interim bail in the interest of justice.
 Annexure ‘A’
1. Copy of the F.I.R. filed by the Complainant at the Dadar Police Station.
 Annexure ‘B’

1. Charge Sheet filed by the Prosecution in the Hon’ble Court.