8 - Bail Application

IN THE COURT OF LD.
2ND ADDITIONAL CHIEF METROPOLITAN MAGISTRATE,

MAZGAON COURT, MUMBAI
AT MUMBAI
Bail Application No. ………./2013
Mr. GR, )
Age 60 years,
occupation - Senior Police Inspector, Detection Crime Branch, Mumbai City )

Applicant
resident of Nagapada Police Quarters, Mumbai. )
Versus
The State of Maharashtra ) Respondent
AN APPLICATION FOR THE GRANT OF
BAIL U/S 437 OF THE CRIMINAL
PROCEDURE CODE, 1973.
The applicant abovenamed submits this application, praying to state as follows:
1. That the Applicant is a honourable citizen of India and entitled to fundamental rights
under the constitution of India. the applicant is a respectable, law abiding and a decorated
officer of the State with 23 years of service who has been falsely implicated in the above
case.
2. The Applicant is known for his good track record over 23 years of detecting complicated
cases and was awarded, amongst other medals the reward for Best Investigation Officer
for 4 consecutive years since 2008.
3. The facts of the case are as under:
a) That Latif was a well known gangster active in Rajasthan and had criminal cases
registered in Rajasthan, Gujarat and Delhi against him.
b) That as part of the alleged conspiracy to kill Latif in a fake encounter, accused no. 3
approached his IPS batchmate, accused no. 22 (hereinafter referred to as NB) for
assistance in arresting Latif.
c) That based on the representation so made, NB ordered the Applicant to render the
necessary assistance to the Rajasthan Police.
d) That the Applicant then activated his network of informers and on 23/10/2011, he
received information from his secret informers that Latif was stay in summark hotel,
carter road, bandra, Mumbai. Subsequently the applicant his team alongwith the
Rajasthan Police arrested Latif.
e) That Latif was brought to Bandra Crime Unit and arrest formalities were completed
as evidenced by the station diary and arrest panchnama. Thereafter, he was taken to
Jaipur. The applicant was instructed by his Senior, NB to accompany the Rajasthan
Police Force.
f) That the Bhilad Check Post in Gujarat, the Rajasthan Police Force told the Applicant
to return to Mumbai since they intended to take the assistance of the Gujarat Police
force.
g) That later it came to the knowledge of the Applicant and NB that Latif had been
killed in a fake encounter on 24/10/2011 near Navsari, via the widespread publicity in
the media.
h) That on a writ petition, the supreme court directed me CBI to conduct investigation.
The CBI arrested accused 1 to 8 and on public hue and cry, filed a supplementary
charge-sheet against the Applicant and NB before this Hon’ble Court on 11th July,
2013.
i) That the applicant was arrested by the police on 15th July, 2013 in lieu of the
supplementary chargesheet filed against him before the 2 nd Addl. C.M.M., Mazgaon
Court, Mumbai, and sent up for remand to custody in the above case.
4. That the applicant has been in custody for past two months but no evidence of substance
has been brought forth by the Respondent.
5. That applicant submits that he should please be granted bail as he is completely innocent
and that the charges levied against are baseless and concocted by the Respondent in
response to the pressures exerted by the political parties and the human rights
organizations.
6. That the applicant submits that he has had a good track record in his service and in case
the bail is not granted by this Hon’ble Court to the applicant, he shall suffer irreparable
loss and injury and also shall be subjected to heavy mental tension and excruciating
tortures for no fault on his part.
7. That no prima facie case is made out against the Appicant and as per Gurcharan Singh v.
Delhi Administration [AIR 1978 SC 179], the supreme court has stated that a prima facie
case must be made out, based on the investigation so far.
8. That the applicant respectfully submits that he will obey and abide by the orders and
terms and conditions as may be imposed by this Hon’ble Court, and he will not abscond,
but on the contrary extend full cooperation to the police and face the trial to vindicate his
innocence.
9. That the proper Court fees is paid herewith and the applicant is applicable prepared to
furnish the bail.
Prayer
The applicant therefore humbly prays that :

1. This Hon’ble court be pleased to release the applicant on Bail in connection with MCR
no. 2345 of 2013 registered with the respondent, on any such terms and conditions as the
court deems fit and proper;
2. This Hon’ble court may be pleased to release the applicant on provisional cash bail and
further time of eight weeks may kindly be granted to furnish security ;
3. Any other just and equitable reliefs that this Hon’ble court may deem fit and proper may
be granted.
[Shri GR]
APPLICANT
Mumbai,
Dated 15th September 2013
ADVOCATE FOR THE APPLICANT
VERIFICATION
I, GR, Senior Police Inspector, Detection Crime Branch, Mumbai City, resident of
Nagapada Police Quarters, Mumbai, do hereby solemnly affirm that the facts contained in
abovementioned Paragraphs are true and correct to the best of my knowledge.
(sign)
Solemnly affirmed by the said GB on 15th day of September, 2013 at the Sessions Court
House in Mumbai.

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IN THE COURT OF LD.

2ND ADDITIONAL CHIEF METROPOLITAN MAGISTRATE,

Bail Application No. ………./2013

occupation - Senior Police Inspector, Detection Crime Branch, Mumbai City )

resident of Nagapada Police Quarters, Mumbai. )

The State of Maharashtra ) Respondent

AN APPLICATION FOR THE GRANT OF

BAIL U/S 437 OF THE CRIMINAL

PROCEDURE CODE, 1973.

The applicant abovenamed submits this application, praying to state as follows:

The applicant therefore humbly prays that :

ADVOCATE FOR THE APPLICANT

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