APPLICATION FOR BAIL UNDER SECTION 498 Cr.P.C




IN THE COURT OF SESSIONS, JUDGE, HYDERABAD
Crl. 1st B.A No._________of 2023.

1. Gul Muhammad S/o Ali Murad
2. Mumtaz Ali S/o Gul Muhammad Adult, Muslims, both 
by caste Chachar r/o Abdullah Town Nasim 
Nagar District Hyderabad ---------------------- Applicants/accused.

Versus

The State --------------------------------------------------- Respondent

                                                 U/S: 452,337Ai,504,147,148 PPC
                                                 Cr. No. 27/2023, P.S NASIM NAGAR
                                                 District NAGAR

APPLICATION FOR BAIL UNDER SECTION 498 Cr.P.C

                          It is respectfully prayed on behalf of the above named applicants/accused that this Honorable Court may graciously be pleased to admit them on pre arrest bail on consideration of the following facts and grounds:-

F A C T S.

                    On 23.033.2023 complainant Hafeezullah Chachar lodged FIR with PS Nasim Nagar alleging there and that there is quarrel in between complainant and Asghar Ali party over the closing of street. On 15.03.2023 complainant along with his brother Atta Muhammad and nephew Abdul Aziz son of Atta Muhammad were present in their house when about at 11:45 am accused everyone named 1. Gul Muhammad S/o Ali Murad 2. Ashgar Ali 3. Abbas Ali 4. Qamar Ali 5. Sadam Hussain 6. Asif Ali all 5 Son of Sachal 7. Mumtaz Ali S/o Gul Muhammad all by caste Chachar, resides at Abdullah Town Qasimabad, trespassed into the house of complaiant. Out of them accused Asghar Ali challenged complainant party by saying so we are not allowing them to install the gate therefore they will teach us lesson by saying so accused Asghar Ali callused lathi below to me at my heads, accused Gul Muhammmad caused lathi below at the head of Atta Muhammad, accused Sadam Husaain caused lathi below at the head of Abdul Aziz then due to injuries complainant party fallen on the ground. Complainant party raised cries which attracted neighbors and after seeing them accused person left the complainant party and fled away from the house by abusing complainant party. Then complainant after verifying the injuries on their person brought the injured PW at the PS, obtain letter for treatment and certificate and after getting treatment and certificates complainant went to PS where he lodged the Fir As stated above.

                            Police after registration of FIR arrested accused Abbas Ali and now raided the houses of present applicants with malice just to harras, humiliate , disgrace and disrepute them in the eyes of general public hence this application for bail for first time. The case is under investigation.

G R O U N D S.

1. That applicants/accused are prima facie innocent and are the victim of admitted enmity over the assembly of gate in the street therefore at this stage false implication and harassment on the part of complainant party could not be ruled out.

2. That the prosecution story is concocted and engineered one consists upon interested witnesses, which does not appeal to common sense.

LEARN HOW  TO WRITE APPLICATION FOR BAIL UNDER SECTION 498 Cr.P.C

3. That there is inordinate and unexplained delay of 7 days in lodging FIR while the distance between venue of occurrence and P.S would hardly be about half KM therefore at this stage false implication and consultation could not be rules out.

4. That it is tendency of our area to involve as many as innocent persons along with actual culprit just to settle the account of their enmity and the case in hand present applicant has been roped up by the highly influential complainant party just to harass, humiliate, disgrace and dis repute him in the eyes of general public.

5. That co-accused Asghar Ali and others with similar role have already been granted interim pre arrest bail by this honorable court.

6. That it is evident from the bare reading of FIR that complainant brought the injured at PS where obtained a letter for treatment and certificate remained there for considerable time but failed to report the matter, such entry was also kept by Police in which he failed to introduce the name of present applicant. it is held by our own. High Court in a case Noor Deen V/S The State reported in 2005 MLD 1267 that said FIR should be treated as further statement and N/C kept by police in daily Diary should be treated as FIR and it is the well settled principles of law that further statements has got no evidentiary value in the eyes of law.

7. That neither applicant will abscond away nor tempering with the prosecution witnesses

8. That applicants/accused are not previous convict (instruction).

9. That there are no reasonable grounds to believe that applicants/accused have committed an offence, punishable with death, imprisonment for life or even ten years R.I

10. That the alleged offence does not come within the prohibitory clause of section 497 CrPC so basic rule is bail not jail.

11. That present complainant has also approached to this honorable court for registration of FIR regarding same incident by filing an application under section 22 A CrPC in which alleged that incident had taken place in street not inside the house.

12. That complainant and accused person maternal uncles and nephew inter se. They frequently used to visit houses of each other therefore section 452 PPC was wrongly applied by the police.

13. That all the offences are bailable so applicability of section 452 PPC is yet to be determine at trial as Police with malafide intention applied section 452 PPC in order to convert the bailable offence into non bailable offence just to harras, humiliate, disgrace and disrepute applicants in the eyes of general public.

14. That on 20.11.2022 complainant party caused injuries to Mst: Husna such FIR was also registered wide crime 28 of 2023 with PS Nasim Nagar and in order to save themselves from clutches of law present FIR has been registered.

15. That in view of the above grounds, the case against present applicant/accused calls for further enquiry.

16. That the undersigned craves leave of this Honourable Court to urge and plead further facts and grounds at the time of hearing of this bail application.

17. That till police papers are called interim bail before arrest may kindly granted.

18. That applicants/accused are prepared to furnish solvent surety to the best satisfaction of this Honourable Court.

H Y D E R A B A D.                          (SAJID MIR)

Dated. 25/03/2023.            Advocate For Applicants/Accused

Certificate

This is to certify that this is the 1st pre arrest bail application on behalf of the Applicants no any other application of like nature is pending before this Honourable Court or any other court.


H Y D E R A B A D.                         (SAJID MIR)

Dated. 25/03/2023.          Advocate For Applicants/Accused





IN THE COURT OF SESSIONS, JUDGE, HYDERABAD
Crl. 1st B.A No._________of 2023.

Gul Muhammad and another ---------------- Applicants/accused.

Versus

The State --------------------------------------------- Respondent

A F F I D A V I T

            I, Gul Muhammad s/o Ali Murad adult, muslim, by caste Chachar r/o Abdullah Town Nasim Nagar District Hyderabad do hereby state on oath as under:-

1. That I am applicant in the accompanying bail application hence well conversant with its facts.

2. That the accompanying bail application has been drafted and filed by my counsel at my instance and contents thereof are true and correct.

3. That police raided our house for our arrest in order to harass, humiliate disgrace and disrepute us in the society.

4. That I adopt all the grounds of accompanying bail application for the brevity of this affidavit.

5. That whatever stated above is all true and correct to the best of my knowledge and belief.

HYDERABAD.

DATED: 25-03-2023                                      D E P O N E N T

                                                                CNIC No.12345-1234586-7
                                                                Mob # No.1234-1234567

                                        I know the deponent.

                                                      Advocate.

APPLICATION FOR BAIL UNDER SECTION 498 Cr.P.C SAMPLE (LAW PARHO LEADING LAW STUDYING SITE)


IN THE COURT OF SESSIONS, JUDGE, HYDERABAD
Crl. 1st B.A No._________of 2023.

Gul Muhammad and another ---------------- Applicants/accused.

Versus

The State --------------------------------------------- Respondent

A F F I D A V I T

1. I, Mumtaz Ali S/o Gul Muhammad adult, muslim, by caste Chachar r/o Abdullah Town Nasim Nagar District Hyderabad do hereby state on oath as under:-

1. That I am applicant in the accompanying bail application hence well conversant with its facts.

2. That the accompanying bail application has been drafted and filed by my counsel at my instance and contents thereof are true and correct.

3. That police raided our house for our arrest in order to harass, humiliate disgrace and disrepute us in the society.

4. That I adopt all the grounds of accompanying bail application for the brevity of this affidavit.

5. That whatever stated above is all true and correct to the best of my knowledge and belief.

HYDERABAD.

DATED: 25-03-2023                                      D E P O N E N T

                                                                CNIC No.12345-1234586-7
                                                                Mob # No.1234-1234567

                                        I know the deponent.

                                                      Advocate.
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