Friday, 5 June 2015

ABDUCTION




IN THE COURT OF (NAME OF MAGISTRATE) MAGISTRATE 

SEC.30, ( NAME OF THE CITY)



(Name of petitioner)        Versus                  The State



Case FIR No.
Offence
Police Station
000/00
365/379/448/511/148/149 PPC




POST ARREST BAIL APPLICATION

Present:       Learned ADPP on behalf of State.

                   Learned counsel for complainant.

                   Counsel for the petitioner.
                  
                  The petitioner/accused seeks first post arrest bail in case FIR mentioned above.

2.                Learned counsel for the accused/petitioner has contended that there is a delay of 1-day in lodging of FIR. That false and frivolous case has been registered against him. That prosecution story is bogus and concocted one and accused has illegally involved in the occurrence. That no recovery has been effected from accused/petitioner.    Offences do not fall within the ambit of prohibitory clause. That case against the accused/petitioner is one that of further inquiry and probe. That accused/petitioner is previously non-convict and non-record holder.  It is prayed that instant bail petition may kindly be allowed.

3.                Learned ADPP on behalf of State vehemently resisted the instant bail petition and prayed for its dismissal.

4.                Arguments heard and case record perused.

5.                Perusal of record reveals that there is unexplained delay of               1-day in lodging of FIR. Statement of abductee U/S 161 Cr.P.C made it clear that dispute is regarding property inter-se the parties. Accused/petitioner was arrested at spot, thus offence U/S 365 PPC does not attracted against accused/petitioner. No recovery effected from accused/petitioner making it a case of further inquiry. Petitioner/accused is behind the bars and no more required for further investigation. Hence, instant post arrest bail application is hereby allowed subject to furnishing bail bonds to the tune of Rs.1,00,000/- with one surety in the like amount to the satisfaction of this court. Order be annexed with report U/S 173 Cr.P.C.

Announced                         
00.00.0000
         

                                                            (Magistrate’s Name)
                                                                Magistrate Sec.30
                                                                   Name of City
Certified that this order consists of two pages. Each page is dictated, read over corrected and signed by me.

Announced

00.00.0000
                                                               (Magistrate’s Name)
                                                                Magistrate Sec.30
                                                                    Name of City

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