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IN THE COURT OF THE SESSIONS JUDGE, THANE

AT THANE

Criminal Bail Appl. No. /2016

In
C.R.No.I-212/2016 Registered with
Rabodi Police Station, Thane, the
Offences punishable /s.143, 147, 149,
323, 506, 325, 307, 506 r/w sec.34
of IPC.

Mr. AAMIR AKHTAR DALVI

Age : 27 years, Occ. Service

R/at : Sunni Circle Building, Room No.10,

K.K. Road, Near Khandeshi Madarsa,
Kamgar Nagar, First Rabodi, Thane West.
.….Applicant

V/s.

State of Maharashtra
(Through Rabodi Police Station, Thane) …..Opponent

Criminal Bail Application of Applicant

above named for bail u/s. 439 of Cr.P.C.
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MAY IT PLEASE YOUR HONOUR

The Applicant above named most respectfully submits as under:-

1. That, the Applicant/ Accused above named has been arrested on

20.08.2015, by the Rabodi Police Station in Connection with the
C.R. No. I-212/ 2016, for the offences punishable u/s.
143,147,149,323,506,325,307 of IPC. and is being produced
before Hon’ble Court on 21.08.2016, and the Hon’ble Court was
pleased to grant the Magisterial Custody, and at present the
applicant is in jail.

1. The Prosecution story as alleged in brief is as under:-

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It is alleged that, on 19.08.2016 at about 11 p.m., the

complainant and his friend Vijay went to Gokulnagar State Bank
ATM for money transfer purpose at that time the accused no.1
was inside the ATM doing his transaction. It is further alleged
that the complainant went inside the ATM centre and questioned
the accused why he is taking so much of time for the transaction
as they were waiting outside for there turn then the accused told
the complainant that he will come out only after his transaction
get completed. It is further alleged that then the complainant had
a heated argument with the present applicant/accused and there
was a scuffle and in which blows were exchanged among them
and it is further alleged that at that time from complainant’s side
his uncle Subhedar Singh and one person Ajit Singh and one
friend of his came on the spot and they all had a scuffle and in
that the complainant suffered injury on his chick, and right hand
and complainant’s uncle got injured ribs and another uncle
suffered injury on his face and knees of both legs and hence the
complainant lodged the F.I.R. with the police station.

2. That under these circumstances, the applicant most respectfully

approaches before this Hon’ble Court for grant of bail on the
following amongst other grounds :-

GROUNDS

a. That, the applicant is innocent and have not committed any

crime, least alleged against him in the complaint preferred by the
complainant.

b. That the accused was arrested on 20.08.2016 and produced

before Hon’ble Court on 21.08.2016 and was remanded to MCR
on the same day.

c. That the name of the present accused was not highlighted in the
F.I.R. so also no any specific role has been attributed to the
present accused.

d. That the applicant himself is a victim of circumstances and was

made an escape goat just to colour the same F.I.R. to show more
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numbers of accused as there was already a F.I.R. was registered

by the accused no.1 against the present complainant and others
for thrashing the accused no.1 vide C.R.No. I 211/2016.

e. That the accused no.1 had lodged complaint vide C.R. No.
I 211/2016 on 20.08.2016 at about 3.46 a.m. and to the
counterblast to the said complaint the present complaint vide
C.R.No. I 212/2016 at about 4.54 am was lodged u/s 143, 147,
149,323, 325 but just to make the sections graver the police
authorities without getting any medical certificate of grievous
injury on vital part or having any ingredient of section 307 of
IPC which was added.

f. That the complainant herein was arrested by police and was

remanded to MCR on 20.08.2016 on the same day of the lodging
of the F.I.R. so also the other alleged injured persons are also
remanded to MCR.

g. That the story adopted in the F.I.R. is without any cogent

evidence and just to prepare the defense for the case of the
applicant lodged against them.

h. That, the applicant is ready and willing to co-operate with

the investigation machinery as and when required. That
applicant is ready and willing to abide by any reasonable
terms and conditions as would be imposed upon him by the
Hon’ble Court.

i. That, as per the instructions, the applicant do not have any

past antecedents. The applicant is a permanent resident of
the address mentioned in title of the application. That, he
shall not misuse the liberty of bail.
j. That, no other bail application is preferred before this
Hon’ble Court and /or before any other court of law, this is
the first bail application of the applicant.
k. That, the applicant craves leave to add, alter, amend, and
delete any of the grounds mentioned hereinabove.
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2. That the Applicant/ accused therefore most respectfully

prays that :-

a. The Application may pleased be admitted.

b. That, this Hon’ble Court may be pleased to enlarge the

Applicant / Accused on bail on such terms and conditions as this
Hon’ble Court deem, fit and proper to impose in the
circumstances of the case in the interest of justice;

c. For further and other relief as the Hon’ble court may deem, fit
and proper.

And for the this act of kindness and favour the Applicant/
accused as in duty bound shall ever pray.

Thane

Filed in Court
On 24.08.2016 Advocate for the
Applicant