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FORMAT (Bail)

1) Prem Kumar applied for bail after being arrested for violating lockdown norms by traveling interstate and resting on the road. 2) He claims the police beat him during arrest, posing a threat to his life and liberty, and violating his constitutional rights. 3) The offenses he was charged with are bailable, so he is entitled to bail as a matter of right if he signs a bond without surety. 4) As a migrant laborer with financial difficulties, he was forced to travel home due to lack of food and shelter after industries shut down without paying wages.

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Uditanshu Misra
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694 views

FORMAT (Bail)

1) Prem Kumar applied for bail after being arrested for violating lockdown norms by traveling interstate and resting on the road. 2) He claims the police beat him during arrest, posing a threat to his life and liberty, and violating his constitutional rights. 3) The offenses he was charged with are bailable, so he is entitled to bail as a matter of right if he signs a bond without surety. 4) As a migrant laborer with financial difficulties, he was forced to travel home due to lack of food and shelter after industries shut down without paying wages.

Uploaded by

Uditanshu Misra
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS, VARANASI

BAIL APPLICATION NO. 24 OF 2020

IN THE MATTER OF:

PREM KUMAR

VERSUS

STATE OF UTTAR PRADESH

FIR : Under section 188, 269, 270 r/w section 3 of Epidemic Diseases Act, 1897.

P.S : B.H.U Police Thana, Varanasi

APPLICATION UNDER SECTION 436 OF THE CODE OF CRIMINAL

PROCEDURE, 1973 FOR GRANT REGULAR BAIL TO THE APPLICANT


Most Respectfully Sheweth:

I with utmost reverence humbly request this hon’ble court to kindly consider the

following grounds mentioned hereinafter and enlarge the accused on bail on the terms

it deems fit:

1. The accused was arrested on 10.04.2020, while he was resting beside the bypass

road near Varanasi. He is accused of violating the lockdown norms imposed, by

resorting to an interstate travel and is booked under section 188, 269, 270 r/w section

3 of Epidemic Diseases Act, 1897.

2. Admittedly, the accused was beaten black and blue by the Police officer while he

was being arrested, which poses a humongous threat to the life and liberty of the

accused as he is languishing in the Police custody. There can be no gainsaying to the

fact that custodial torture is a death knell to the salutary principle of rule of law and it

infringes Art. 21 of the Constitution as well as the basic human rights. Supreme Court

in the celebrated case of Sunil Batra v. Delhi Administration 1 held that the most

“important right of the imprisoned person is the integrity of physical person and

mental personality”. If we go according to the facts above-mentioned it is

abundantly clear that the swords of damocles are hanging on the life and liberty of

accused.

3. The law governing bail has to dovetail two competing demands, on one hand the

requirement of protection of society from the hazards of such nefarious acts and on

the other hand the fundamental canon of criminal jurisprudence i.e presumption of

innocence. Bail is recognition of this seminal principle. The provision of the bail

protects the liberty of the arrested person without jeopardizing the objectives of arrest.

4. Taking cue from the first schedule of Criminal Procedure Code, 1973(Hereinafter

1
AIR 1980 SC 1579.
will be referred as Cr.PC), all the offences which are registered against the accused

are catergorized as bailable by the schedule, which underscores the fact that the

accused is entitled to be enlarged on bail as a matter of right provided that the

accused is ready to execute a bond without the surety.

4. It is humbly submitted that in cases of bailable offences the Police or the court is

bound release the accused, as provided under section 436 of Cr.PC, for this

purpose the counsel for the accused is heavily relying of the judgment of Talab Haji

Hussain v. Madhukar Purshottam Mondkar 2.

5. It must be humbly stated at this juncture that the accused is migrant labor, working

at a textile mill at Navi Mumbai. Due to the unprecedented lockdown imposed across

the country, the migrant labors are forced to leave their place of work due to the

unavailability of food and shelter. As most of industries are suspended, the laborers

are not getting their wages, because of which they are compelled to flee from their

working places to their home.

6. The abovementioned scenario explained fits aptly to the fact of the matter. Due to

the sheer penury and unavailability of food and shelter the accused was also forced to

leave for his hometown, Darbhanga. This underscores the fact that the act of accused

was devoid of culpable intent and is in consonance with the classical principle of law

that “necessity knows no law”.

7. The accused is a migrant labour and his financial condition is not good. Thereby it

is humbly submitted that the same should be considered while fixing the bond

amount.

8. Resultantly, the accused is ready and willing to accept any condition imposed by

this hon’ble court in connection with this case.

2
AIR 1956 SC 376.
PRAYER

In the light of the looming threat of custodial torture, provision of mandatory grant of

bail and other facts and circumstances of the case it is most respectfully prayed before

this Hon’ble Court that it may graciously be pleased to enlarge the accused on bail in

the interest of justice.

Any other order which the hon’ble court may deem fit and proper may be passed in

favour of the accused.

APPLICANT

THROUGH

COUNSEL

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