Scribd Logo
Upload

Welcome to Scribd!

  • 160 views

    Bail App. Final

    Uploaded by

    Uditanshu Misra
    1. Prem Kumar applied for bail in the Court of Judicial Magistrate First Class in Varanasi. He was arrested on April 10, 2020 for violating lockdown norms by traveling inter-state and booked under relevant sections of the Epidemic Diseases Act. 2. Prem Kumar claims he was beaten by police officers during his arrest, posing a threat to his life and liberty as he remains in police custody. He argues this violates his fundamental rights. 3. Prem Kumar is a migrant laborer from Mumbai who was forced to return home to Darbhanga due to lack of food and shelter during the lockdown. He argues his actions were due to necessity, not culpable intent.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content

    You might also like

    Bail App. Final

    Uploaded by

    Uditanshu Misra
    160 views5 pages
    1. Prem Kumar applied for bail in the Court of Judicial Magistrate First Class in Varanasi. He was arrested on April 10, 2020 for violating lockdown norms by traveling inter-state and booked under relevant sections of the Epidemic Diseases Act. 2. Prem Kumar claims he was beaten by police officers during his arrest, posing a threat to his life and liberty as he remains in police custody. He argues this violates his fundamental rights. 3. Prem Kumar is a migrant laborer from Mumbai who was forced to return home to Darbhanga due to lack of food and shelter during the lockdown. He argues his actions were due to necessity, not culpable intent.

    Original Description:

    Original Title

    Bail App. final

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    1. Prem Kumar applied for bail in the Court of Judicial Magistrate First Class in Varanasi. He was arrested on April 10, 2020 for violating lockdown norms by traveling inter-state and booked under relevant sections of the Epidemic Diseases Act. 2. Prem Kumar claims he was beaten by police officers during his arrest, posing a threat to his life and liberty as he remains in police custody. He argues this violates his fundamental rights. 3. Prem Kumar is a migrant laborer from Mumbai who was forced to return home to Darbhanga due to lack of food and shelter during the lockdown. He argues his actions were due to necessity, not culpable intent.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    160 views5 pages

    Bail App. Final

    Uploaded by

    Uditanshu Misra
    1. Prem Kumar applied for bail in the Court of Judicial Magistrate First Class in Varanasi. He was arrested on April 10, 2020 for violating lockdown norms by traveling inter-state and booked under relevant sections of the Epidemic Diseases Act. 2. Prem Kumar claims he was beaten by police officers during his arrest, posing a threat to his life and liberty as he remains in police custody. He argues this violates his fundamental rights. 3. Prem Kumar is a migrant laborer from Mumbai who was forced to return home to Darbhanga due to lack of food and shelter during the lockdown. He argues his actions were due to necessity, not culpable intent.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 5

    IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS, VARANASI

    BAIL APPLICATION NO. 24 OF 2020

    IN THE MATTER OF:

    PREM KUMAR, S/O PAWAN KUMAR

    Resident of Chapra chauk, 12/21, Darbhanga ------Applicant

    VERSUS

    STATE OF UTTAR PRADESH ------Respondent

    FIR : Under section 188, 269, 270 r/w section 3 of Epidemic Diseases Act, 1897.

    F.I.R No. 234/ 2020

    P.S : B.H.U Police Thana, Varanasi

    APPLICATION UNDER SECTION 436 OF THE CODE OF CRIMINAL

    PROCEDURE, 1973 FOR GRANT REGULAR BAIL TO THE APPLICANT

    TO THE HON’BLE JUDGE OF THIS HON’BLE COURT OF JUSTICE, THE HUMBLE

    PETITION FOR THE ABOVE-MENTIONED APPLICANT,


    Most Respectfully Sheweth:

    I with utmost reverence humbly request this hon’ble court to kindly consider the following

    grounds mentioned hereinafter and enlarge the accused on bail on the terms it deems fit:

    1. The accused was arrested on 10.04.2020, while he was resting beside the bypass road near

    Varanasi. He is accused of violating the lockdown norms imposed, by resorting to an

    interstate travel and is booked under section 188, 269, 270 r/w section 3 of Epidemic

    Diseases Act, 1897.

    2. Admittedly, the accused was beaten black and blue by the Police officer while he was being

    arrested, which poses a humongous threat to the life and liberty of the accused as he is

    languishing in the Police custody. There can be no gainsaying to the fact that custodial

    torture is a death knell to the salutary principle of rule of law and it infringes Art. 21 of the

    Constitution as well as the basic human rights. Supreme Court in the celebrated case of

    Sunil Batra v. Delhi Administration 1 held that the most “important right of the imprisoned

    person is the integrity of physical person and mental personality”. If we go according to

    the facts above-mentioned it is abundantly clear that the swords of damocles are hanging on

    the life and liberty of accused.

    3. The law governing bail has to dovetail two competing demands, on one hand the

    requirement of protection of society from the hazards of such nefarious acts and on the other

    hand the fundamental canon of criminal jurisprudence i.e presumption of innocence. Bail is

    recognition of this seminal principle. The provision of the bail protects the liberty of the

    arrested person without jeopardizing the objectives of arrest.

    4. Taking cue from the first schedule of Criminal Procedure Code, 1973(Hereinafter will be

    1
    AIR 1980 SC 1579.
    referred as Cr.PC), all the offences which are registered against the accused are catergorized

    as bailable by the schedule, which underscores the fact that the accused is entitled to be

    enlarged on bail as a matter of right provided that the accused is ready to execute a bond

    without the surety.

    5. It is humbly submitted that in cases of bailable offences the Police or the court is bound

    release the accused, as provided under section 436 of Cr.PC, for this purpose the counsel

    for the accused is heavily relying of the judgment of Talab Haji Hussain v. Madhukar

    Purshottam Mondkar2.

    6. It must be humbly stated at this juncture that the accused is migrant labor, working at a

    textile mill at Navi Mumbai. Due to the unprecedented lockdown imposed across the

    country, the migrant labors are forced to leave their place of work due to the unavailability

    of food and shelter. As most of industries are suspended, the laborers are not getting their

    wages, because of which they are compelled to flee from their working places to their home.

    7. The abovementioned scenario explained fits aptly to the fact of the matter. Due to the sheer

    penury and unavailability of food and shelter the accused was also forced to leave for his

    hometown, Darbhanga. This underscores the fact that the act of accused was devoid of

    culpable intent and is in consonance with the classical principle of law that “necessity

    knows no law”.

    8. The accused is a migrant labour and his financial condition is not good. Thereby it is

    humbly submitted that the same should be considered while fixing the bond amount.

    9. Resultantly, the accused is ready and willing to accept any condition imposed by this

    2
    AIR 1956 SC 376.
    hon’ble court in connection with this case.

    PRAYER

    In the light of the looming threat of custodial torture, provision of mandatory grant of bail and

    other facts and circumstances of the case it is most respectfully prayed before this Hon’ble

    Court that it may graciously be pleased to enlarge the accused on bail in the interest of justice.

    Any other order which the hon’ble court may deem fit and proper may be passed in favour of

    the accused.

    Varanasi

    Dated- 12th day of April, 2020.

    Signature: Prem Kumar

    Petition drawn by- Prem Kumar

    Signature- Sumit Jain

    Advocate for the applicant- Sumit Jain


    VERIFICATION

    I. I, Prem Kumar, the afore-mentioned applicant do earnestly and solemnly agree that the

    stated facts of the petition, save and except that the legal submission, is true to my

    knowledge.

    Dated- 12th day of April, 2020.

    You might also like