IN THE COURT OF NAME OF THE JUDGE , JUDL:MAGISTRATE
SECTION-30, XYZ.
Jhon ( petitioner) Verses. The State.
Case FIR No.000/yyyy,
Offence U/S 420 PPC & u/s 3 of University Act, Police Station abc, xyz.
POST ARREST BAIL
APPLICATION.
ORDER.
As
per certificate annexed with this post arrest bail application, this is the
first post arrest bail application filed on behalf of the accused/petitioner in
case FIR No.00O/YYYY, offence u/s 420 PPC & u/s 3 of University Act, 1999,
registered with the above stated police
station on the allegation that accused/petitioner is involved in copying in the
Examination Hall in the University Exams therefore, accused/petitioner committed cheating.
2. Brief facts of the application
are that the accused is innocent and the FIR is based on wrong facts, baseless
story. That the accused is noble and
previously non-criminal record holder citizen. That the accused is in judicial
custody. That the offence does not fall within the ambit of prohibitory clause.
The present case was registered and the accused was arrested and sent to
judicial lockup. Learned counsel for the accused/petitioner argued and prayed
for acceptance of the application.
3. Learned ADPP opposed this
application and also argued and prayed for dismissal of the application.
4. Arguments heard. Record perused.
5. After hearing the arguments and
perusing the record it is found that the offence
u/s 420 PPC is bailable in nature. Where the offence u/s 3 of University Act
does not falls within the ambit of prohibitory clause section 497 Cr.P.C. The
accused is no more required by the police for further investigation. The case
is one of further investigation and inquiry. Hence bail petition is hereby
allowed subject to submission of Bailbonds of Rs.30,000/- with one local surety
in the like amount for the satisfaction of the court. This order be placed in
the judicial file.
Announced.
dd-mm-yy
Judl:Magistrate Sec-30
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