How to write Anticipatory Bail Application U/s- 438 Cr.p.c.
IN THE COURT OF THE LD. SESSIONS JUDGE
SONAMURA SEPAHIJALA TRIPURA
Case No –A.B. / 2019
IN THE MATTER OF
An application under section 438 of Criminal Procedure Code, 1973 for granting bail in case of arrest to the petitioner, apprehending arrest in connection with the Sonamura P.S-Case No- 158/18 under Section 21(c) 22(b)/08/25/29 of the Narcotic Drugs & Psychotropic Substances Act,1985
AND
IN THE MATTER OF
Sri --------------- Debnath
S/o Sr------------- Debnath
Resident Of North --------,
P.s& P.o------------,
Dist-Sepahijala, Tripura.
………………..Accused Petitioner
Versus
The State of Tripura
…………………Respondent
The petitioner name above most respectfully begs to states as follows:
1) That the prosecution story as alleged in brief, is that, on 29/11/18 at 21.14 hrs the informant received a secret information from his reliable source that one Titu Miah and Sohel Hussain @ Miah kept huge quantity of Yaba tablets and stuff in the dwelling-house of Titu Miah to smuggle in Bangladesh through Indo-bangle Border by both the persons. On receiving this information the matter was noted in G.D. vide Sonamura P.S. GDE No- 28 Dated 29/11/18. Accordingly, the informant along with the O/C P.S and other staff left for Kulubari in the house of Titus Miah for taking informative action after getting proper permission from the authority. On reaching at Kulubari ward no-01 in the house of Titus Miah conducted raid after observing all legal formalities. During raid one polythene wrapping all bags containing 8.000 nos Yaba Tablets and 07 stuff bottles under the bed of Titu Mia were recovered. During raid Titu Mia was available in his house, accordingly, he was detained and taken into custody. On preliminary inquiry at the spot, the said Titu Miah @ Sohel Hossain of kulubari, P.s.Sonamura was involved with the smuggling of Yaba Tablets. He also disclosed that on seeing police vehicle Jewel escaped from his house by leaving his Motor Cycle to vide eng No- G3J3E0292984 and Chassis no-ME1RG4476J0006432. After that being directed by O/C PS self seized the 8,000 nos of Yaba Tabs, O7 nos,eskuf and one motorcycle in presence of witnesses and also prepared an inventory and draw a sample of the seized Yaba tabs and eskuf and detained person were brought into Sonamura P.s.
(Photocopy of the certified copy of the F.I.R/ Ejahar is annexed herewith and marked as
ANNEXURE-A)
2) That the pursuant to the lodging of this FI.R / Ejahar, a case was registered at Sonamura P.S. Case No.158/18 under Section 21( c) /22 (b) /08/25/29 of the Narcotic Drugs & Psychotropic Substances Act,1985 an investigation was started.
3) That, in the course of the investigation, the police officials of concerned P.S. in connivance with some evil peoples, had adopted pressure techniques and raided various places for arresting the petitioner but on not finding him destroyed some household article.
Being aggrieved by the high handed attitude of the police and apprehending wrongful detention, the petitioner prefers this pre-arrest bail application on the following amongst other grounds:-
GROUNDS
a) For that, the petitioner is totally innocent regarding the above incident and he has been falsely implicated in the above case with ulterior motives.
b) For that, from the bare perusal of FIR/Ejahar, it is crystal clear that there is no prima-facie evidence against the present petitioner and there is also no iota of evidence regarding the involvement of the present petitioner.
c) For that, the mandate provisions of NDPS, Act were not at all compiled by the concerned officials.
d) The foe that, alleged contraband does not come under the scheduled of NDPS, Act,1985, At best the instant case may come under the provisions of Drugs and Cosmetics Act,1940 which are bailable in nature.
e) For that, the petitioner has roots in the society having and hearth in the state and he is poor daily labor by profession on whom the entire family depends for livelihood, so there is no chance of absconsion if bail is granted to him.
f) For that, the petitioner shall abide by any condition that the Ld. Court imposes when granting bail.
g) For that, the petitioner shall not tamper with the investigation or tamper with evidence, if bail is granted o him.
h) For that, no other bail petition is pending before any other Court including the High Court.
i) For that, the rest would be submitted at the time of the hearing.
Under the above facts and circumstances, it is humbly prayed before your honor to :
i. Admit this petition
Call for the lower Court record of Sonamura P.S Case No. 158/18 under Section 21( c)/22( b) 08/25/29 of the Nastri Drugs & Psychotropic Substances Act,1985.
iii. Notify the Public Prosecutor.
iv. After hearing both sides be pleased to enlarge the petitioner on bail on any condition with Your honor deems fit and proper.
AND
For this act of kindness, the humble petitioner, as in duty bound, shall ever pray
Affidavit Follows:
BEFORE THE COURT OF LD. SESSIONS JUDGE
SONAMURA, SEPAHIJALA TRIPURA
Case No.A.B-------------of 2019
Jewel Miah @ sohel……………….Petitioner
Versus
The State of Tripura…………………Respondent
AFFIDAVIT
I Jewel Miah @ Sohel S/o Khalk Miah of Kulubari P.s. Sonamura, Dist- Sepahijala, Tripura age 26 years by Profession Day Labor, by Religion Muslim and a citizen of do hereby solemnly affirm and declare as follows:-
1) That, I am the Petitioner of the instant case and as such, I am well conversant with the facts and circumstances of the present case.
This is true to my knowledge.
2) That, I am swearing this affidavit before the Notary public Sonamura Sepahijala Tripura.
This is true to my knowledge
3) That, the statement made in Para 1 to----are facts and Para a to----are the grounds of the petition are true to the best of my knowledge and belief and rest are my humble submissions before the Ld. Court.
This is true to my knowledge
4) That, the contents of the petition are read over and explained to me in Bengali, being satisfied, I have signed on it.
This is true to my knowledge
In acknowledgment whereof, I sign this affidavit on this 3rd day of Jan 2019, before the Notary public Sonamura Sepahijala Tripura.
Deponent is known to me
And is identified by me
Deponent.
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