IN THE HON’BLE COURT OF JUDICIAL MAGISTRATE

RISHIKESH

INDEX
IN
CRIMINAL MISC. BAIL APPLICATION NO:-_________ OF 2023
(Under Section 437 of Cr.P.C.)

DISTRICT: DEHRADUN
P.S. – RAIWALA
F.I.R. No. – 145/2023
U/s – 419, 420, 467, 468,
471, 120B of I.P.C.

Krishna Shamsher JB Rana ………Applicant/Accused

VERSUS

State of Uttarakhand & Others …………Respondents

INDEX
Sl. Particulars Page No.
No.
1. Index

2. Memo of Parties

3. List of Advocates

4. Surrender Application on behalf of Applicant / Accused

5. Bail Application U/s 437 Cr.P.C. on behalf of Applicant /

Accused

6. Affidavit of Applicant / Accused in support of Bail Application

7. ANNEXURE No 01- Copy of the order dated 28.11.2022, in

SLP (Crl.) No 11106/2022 passed by Hon’ble Supreme Court is

annexed hereto and marked as ANNEXURE No -01.

8. ANNEXURE No 02- Copy of the order dated 22.03.2023, in

SLP (Crl.) No 11106/2022 passed by Hon’ble Supreme Court is

annexed hereto and marked as ANNEXURE No -02.

9. Vakalatnama

Dated: 12.2023

Advocate(s)
Counsel for the Applicant
 IN THE HON’BLE COURT OF JUDICIAL MAGISTRATE
RISHIKESH

Memo of Parties
IN
CRIMINAL MISC. BAIL APPLICATION NO:-_________ OF 2023
(Under Section 437 of Cr.P.C.)

DISTRICT: DEHRADUN
P.S. – RAIWALA
F.I.R. No. – 145/2023
U/s – 419, 420, 467, 468,
471, 120B of I.P.C.

Memo of Parties
Krishna Shamsher JB Rana,
5, Guru Road, Dehradun, Uttarakhand
Also at
13, Young Road, Cantt. Area, Dehradun ………Applicant/Accused

VERSUS

1. State of Uttarakhand, through Secretary Home, Secretariat

Dehradun.
2. SHO, PS Raiwala, District – Dehradun.
3. Rishi Shamsher JB Rana 4, Guru Road, Dehradun, Uttarakhand Also at –
1, Braeside Avenue, Teringle, SA 5072, Australia Also at – 4, Kalidas
Road, Dehradun, Hathibarkalan, District Dehradun – 248001
…………Respondents

Dated:- Counsel for the Applicant

Advocate(s)
 IN THE HON’BLE COURT OF JUDICIAL MAGISTRATE
RISHIKESH

LIST OF ADVOCATES
IN
CRIMINAL MISC. BAIL APPLICATION NO:-_________ OF 2023
(Under Section 437 of Cr.P.C.)

DISTRICT: DEHRADUN
P.S. – RAIWALA
F.I.R. No. – 145/2023
U/s – 419, 420, 467, 468,
471, 120B of I.P.C.

Krishna Shamsher JB Rana ………Applicant/Accused

VERSUS

State of Uttarakhand & Others …………Respondents

Saurabh Agarwal (Advocate)

Office: Chamber No. – 347, First Floor, Civil Court, Ram Nagar, Roorkee –
247667, District – Haridwar, (U.K.).
Enrollment No – UK – 435/2015
E-mail: adv.saurabh.agarwal@gmail.com
Phone- 9917077842, 9599778427
On behalf of Applicant/Accused

DGC (Criminal), District – Dehradun, for State of Uttarakhand

On behalf of Respondents

Dated:- Counsel for the Applicant/Accused

Advocate(s)
 IN THE HON’BLE COURT OF JUDICIAL MAGISTRATE
RISHIKESH

SURRENDER APPLICATION
IN
CRIMINAL MISC. BAIL APPLICATION NO:-_________ OF 2023
(Under Section 437 of Cr.P.C.)

DISTRICT: DEHRADUN
P.S. – RAIWALA
F.I.R. No. – 145/2023
U/s – 419, 420, 467, 468,
471, 120B of I.P.C.

Krishna Shamsher JB Rana,

5, Guru Road, Dehradun, Uttarakhand
Also at
13, Young Road, Cantt. Area, Dehradun ………Applicant/Accused
VERSUS

1. State of Uttarakhand, through Secretary Home, Secretariat

Dehradun.
2. SHO, PS Raiwala, District – Dehradun.
3. Rishi Shamsher JB Rana 4, Guru Road, Dehradun, Uttarakhand Also at
–1, Braeside Avenue, Teringle, SA 5072, Australia Also at – 4, Kalidas
Road, Dehradun, Hathibarkalan, District Dehradun – 248001
…………Respondents

APLLICATION FOR SURRENDER OF APPLICANT / ACCUSED

That the humble application of the applicant above named most respectfully
prayed as under:-

1. That the above noted case is pending for adjudication in this Hon’ble

Court and is fixed for 18.12.2023.

 2. That the applicant/accused is a well educated and reputed person and the

allegations made against the applicant/accused are based on totally false

and fabricated grounds and also the FIR has been lodged with a mala fide

intention only to harass the innocent applicant/accused, which will lead to

vitiate the prestige and reputation of the innocent applicant by sending

him to jail.

3. That the applicant/accused surrenders himself in the Court today.

4. That the applicant/accused is a respectable resident of India and has no

intention to abscond. Rather the applicant shall contest the aforesaid case

to the best of his ability.

5. That the applicant/accused is ready to furnish the bail application along

with bail bonds to the satisfaction of the Hon’ble Court.

PRAYER
It is therefore, most respectfully prayed that this Hon’ble Court

may graciously be pleased to accept the surrender of the Applicant /

Accused and he may kindly be taken into custody.

Dated:- Counsel for the Applicant

Advocate(s)
 IN THE HON’BLE COURT OF JUDICIAL MAGISTRATE
RISHIKESH

BAIL APPLICATION
IN
CRIMINAL MISC. BAIL APPLICATION NO:-_________ OF 2023
(Under Section 437 of Cr.P.C.)

DISTRICT: DEHRADUN
P.S. – RAIWALA
F.I.R. No. – 145/2023
U/s – 419, 420, 467, 468,
471, 120B of I.P.C.

Krishna Shamsher JB Rana,

5, Guru Road, Dehradun, Uttarakhand
Also at
13, Young Road, Cantt. Area, Dehradun ………Applicant/Accused
VERSUS

1. State of Uttarakhand, through Secretary Home, Secretariat

Dehradun.
2. SHO, PS Raiwala, District – Dehradun.
3. Rishi Shamsher JB Rana 4, Guru Road, Dehradun, Uttarakhand Also at
–1, Braeside Avenue, Teringle, SA 5072, Australia Also at – 4, Kalidas
Road, Dehradun, Hathibarkalan, District Dehradun – 248001
…………Respondents

APPLICATION UNDER SECTION 437 OF THE CODE OF CRIMINAL

PROCEDURE, 1908 ON BEHALF OF THE APPLICANT FOR BAIL
BEFORE THIS HON’BLE COURT

That the humble application of the applicant above named most respectfully
prayed as under:-
MOST RESPECTFULLY SHOWETH:
1. That the applicant/accused is a law abiding citizen and has the utmost respect for

the law.

2. That the applicant/accused in FIR No. 145/2018 dated 03.09.2018 registered

with P.S. Raiwala, Dehradun under Sections 419, 420, 467, 468 and 471, Indian

Penal Code which is based on false and fabricated grounds. Further, it is stated

that the FIR has been lodged only with a malafide intention to harass the

Applicant/accused, who is an innocent person of repute and in order to tarnish

his reputation by getting him arrested in connection with the false FIR.

3. That the petitioner/applicant is an elderly person of 68 years of age suffering

from various medical ailments.

4. That the applicant/accused has cooperated with the investigating agency during

the entire period of investigation. He has neither been arrested nor did police

seek his custodial interrogation at any point of time. The police has now filed the

chargesheet and the learned court has taken cognizance of the matter.

5. That the entire case against the applicant is based on documentary evidences and

there is no averment against the applicant/accused that he has either tried to or

could tamper with the evidences.

6. That the entire allegation against the applicant/accused is without any basis,

arising out of property dispute between own brothers and cannot be substantiated

against the applicant/accused since the person who has allegedly committed

offence of impersonation has died much before registration of FIR.

7. That the inordinate delay in FIR shows the malafide intention of the complainant

and he cannot plead ignorance since he was a party to the alleged incident

committed by his deceased cousin.

8. That the applicant/accused has a good case on merits which is likely to be

decided in his favor. That the applicant/accused is absolutely innocent and

undertakes to abide by all terms and conditions, which may be imposed by this

Hon’ble Court while granting bail and applicant/accused is also ready to furnish

bail bonds as per discretion of this Hon’ble Court

9. That the applicant/accused has continued to cooperate with the police in the

investigation and will continue to do so in case bail is granted by this Hon’ble

Court.

10. Further to the rejection of the application of Anticipatory Bail No 150 of

2021 vide order dated 17.06.2022 passed by Hon’ble High Court of
Uttarakhand at Nainital, applicant/accused thereafter, filed a S.L.P.(Crl.)
No 11106 of 2022 before Hon’ble Supreme Court of India, wherein, vide
order dated 28.11.2022, Hon’ble Supreme of India partially granted
interim relief to the applicant/accused,
That the relevant portion of the order dated 28.11.2022 states as herein

under:

“3. In the meanwhile, there shall be interim protection against the arrest

of the petitioner, subject to the petitioner diligently participating in the

 trial and also complying with the conditions under Section 438 (2) of the

code of Criminal Procedure (Cr.P.C.).”

Copy of the order dated 28.11.2022 passed by Hon’ble Supreme Court of

India in S.L.P.(Crl.) No 11106 of 2022 is annexed and marked as Annexure

No - 01.

11. That vide dated 22.03.2023 in S.L.P.(Crl.) No 11106 of 2022, Hon’ble

Apex Court has affirmed the protection granted to the applicant / accused till

end of the process/trial.

That the relevant portion of the order dated 28.11.2022 states as herein

under:

“It is not in dispute that subsequently the investigation has been completed and the

charge sheet has been filed. If that be the position, there is no reason for us to modify

the order dated 28.11.2022. In that view, the interim protection granted to the

petitioner shall enure to his benefit until completion of the process subject to the

petitioner diligently participating in the process.”

Copy of the order dated 22.03.2023 passed by Hon’ble Supreme Court of

India in S.L.P.(Crl.) No 11106 of 2022 is annexed and marked as Annexure

No - 02.

12. That the Applicant/accused is having very good antecedents, he belongs to

a good family and there is no criminal case pending against them.

13. That the Applicant/accused undertakes to present himself before the

police/court as and when directed.

14. That the Applicant/accused undertakes that he will not, directly or

indirectly make any inducement, threat or promise to any person

acquainted with the facts of the case so as to dissuade him from

disclosing such facts to the Court or to any police officer.

15. That the Applicant/accused further undertakes not to tamper with the

evidence or the witnesses in any manner.

16. That the Applicant/accused undertakes to abide by all the terms and

conditions as imposed by this Hon’ble court in the event of bail and to not

to misuse the concession of bail granted by this Hon’ble Court.

17. That the Hon’ble Judicial Magistrate, Rishikesh, Dehradun, failed to

appreciate that the Applicant/accused has no criminal antecedents, and the

present matter is essentially a civil dispute arising in respect to the

management and control of the Cambrian Hall Educational Trust.

18. That the Applicant/accused is ready and willing to accept any other

conditions as may be imposed by the Hon’ble Court or the police in

connection with the case.

 19. That in these circumstances Hon’ble Court’s indulgence is necessary in

the present matter, otherwise the Applicant/accused shall suffer

irreparable loss and injury, which cannot be compensated in any manner.

PRAYER

It is therefore most respectfully prayed that this Hon’ble Court may be pleased to:

1. That this Hon’ble Court in compliance to order dated 28.11.2022 & 22.03.2023

passed by Hon’ble Apex Court in S.L.P.(Crl.)No 11106/2022, may direct the

release of the Applicant/Accused on bail u/s 437 Cr.P.C. in connection with FIR

No. 145/2018 dated 03.09.2018 registered with P.S. Raiwala, Dehradun under

Sections 120B, 419, 420, 467, 468 and 471 of Indian Penal Code;

2. Pass such other order as this Hon’ble Court may deem fit and proper in facts and

circumstances of the case and in the interest of justice.

Dated:- Counsel for the Applicant

Advocate(s)
 IN THE HON’BLE COURT OF JUDICIAL MAGISTRATE
RISHIKESH

AFFIDAVIT
IN
CRIMINAL MISC. BAIL APPLICATION NO:-_________ OF 2023
(Under Section 437 of Cr.P.C.)

DISTRICT: DEHRADUN
P.S. – RAIWALA
F.I.R. No. – 145/2023
U/s – 419, 420, 467, 468,
471, 120B of I.P.C.

Krishna Shamsher JB Rana,

5, Guru Road, Dehradun, Uttarakhand
Also at
13, Young Road, Cantt. Area, Dehradun ………Applicant/Accused
VERSUS

1. State of Uttarakhand, through Secretary Home, Secretariat

Dehradun.
2. SHO, PS Raiwala, District – Dehradun.
3. Rishi Shamsher JB Rana 4, Guru Road, Dehradun, Uttarakhand Also at
–1, Braeside Avenue, Teringle, SA 5072, Australia Also at – 4, Kalidas
Road, Dehradun, Hathibarkalan, District Dehradun – 248001
…………Respondents

Affidavit of Krishna Shamsher JB Rana

(Male) age about 68 year S/o Late Shri
Colonel Shashi Shamsher Jang Bahadur
Rana R/o - 13, Young Road, Cantt. Area,
District - Dehradun, PS – Patel Nagar,
Uttarakhand.

DEPONENT
 I, the deponent above named do hereby solemnly affirm and state on oath

as under.

1. That the deponent is the applicant/accused in the aforesaid bail

application and as such he is fully acquainted with the facts of the case

deposed below: -

2. That the Deponent is a law abiding citizen and has the utmost respect for the

law.

3. That the Deponent in FIR No. 145/2018 dated 03.09.2018 registered with P.S.

Raiwala, Dehradun under Sections 419, 420, 467, 468 and 471, Indian Penal

Code which is based on false and fabricated grounds. Further, it is stated that

the FIR has been lodged only with a malafide intention to harass the Deponent,

who is an innocent person of repute and in order to tarnish his reputation by

getting him arrested in connection with the false FIR.

4. That the Deponent is an elderly person of 68 years of age suffering from

various medical ailments.

5. That the Deponent has cooperated with the investigating agency during the

entire period of investigation. He has neither been arrested nor did police seek

his custodial interrogation at any point of time. The police has now filed the

chargesheet and the learned court has taken cognizance of the matter.
6. That the entire case against the Deponent is based on documentary evidences

and there is no averment against the Deponent that he has either tried to or

could tamper with the evidences.

7. That the entire allegation against the Deponent is without any basis, arising out

of property dispute between own brothers and cannot be substantiated against

the Deponent since the person who has allegedly committed offence of

impersonation has died much before registration of FIR.

8. That the inordinate delay in FIR shows the malafide intention of the

complainant and he cannot plead ignorance since he was a party to the alleged

incident committed by his deceased cousin.

9. That the Deponent has a good case on merits which is likely to be decided in

his favor. That the Deponent is absolutely innocent and undertakes to abide by

all terms and conditions, which may be imposed by this Hon’ble Court while

granting bail and Deponent is also ready to furnish bail bonds as per discretion

of this Hon’ble Court

10. That the Deponent has continued to cooperate with the police in the

investigation and will continue to do so in case bail is granted by this Hon’ble

Court.

11. Further to the rejection of the application of Anticipatory Bail No 150 of

2021 vide order dated 17.06.2022 passed by Hon’ble High Court of
Uttarakhand at Nainital, Deponent thereafter, filed a S.L.P.(Crl.) No
11106 of 2022 before Hon’ble Supreme Court of India, wherein, vide
 order dated 28.11.2022, Hon’ble Supreme of India partially granted
interim relief to the Deponent,
That the relevant portion of the order dated 28.11.2022 states as herein

under:

“3. In the meanwhile, there shall be interim protection against the

arrest of the petitioner, subject to the petitioner diligently

participating in the trial and also complying with the conditions

under Section 438 (2) of the code of Criminal Procedure

(Cr.P.C.).”

Copy of the order dated 28.11.2022 passed by Hon’ble Supreme Court of

India in S.L.P.(Crl.) No 11106 of 2022 is annexed and marked as

Annexure No - 01.

12. That vide dated 22.03.2023 in S.L.P.(Crl.) No 11106 of 2022, Hon’ble

Apex Court has affirmed the protection granted to the Deponent till end of

the process/trial.

That the relevant portion of the order dated 28.11.2022 states as herein

under:

“It is not in dispute that subsequently the investigation has been

completed and the charge sheet has been filed. If that be the position,

there is no reason for us to modify the order dated 28.11.2022. In that

 view, the interim protection granted to the petitioner shall enure to his

benefit until completion of the process subject to the petitioner

diligently participating in the process.”

Copy of the order dated 22.03.2023 passed by Hon’ble Supreme Court

of India in S.L.P.(Crl.) No 11106 of 2022 is annexed and marked as

Annexure No - 02.

13. That the Deponent is having very good antecedents, he belongs to a good

family and there is no criminal case pending against them.

14. That the Deponent undertakes to present himself before the police/court as

and when directed.

15. That the Deponent undertakes that he will not, directly or indirectly make

any inducement, threat or promise to any person acquainted with the facts

of the case so as to dissuade him from disclosing such facts to the Court

or to any police officer.

16. That the Deponent further undertakes not to tamper with the evidence or

the witnesses in any manner.

17. That the Deponent undertakes to abide by all the terms and conditions as

imposed by this Hon’ble court in the event of bail and to not to misuse

the concession of bail granted by this Hon’ble Court.

18. That the Hon’ble Judicial Magistrate, Rishikesh, Dehradun, failed to

appreciate that the Deponent has no criminal antecedents, and the present

matter is essentially a civil dispute arising in respect to the management

and control of the Cambrian Hall Educational Trust.

19. That the Deponent is ready and willing to accept any other conditions as

may be imposed by the Hon’ble Court or the police in connection with

the case.

20. That in these circumstances Hon’ble Court’s indulgence is necessary in

the present matter, otherwise the Deponent shall suffer irreparable loss

and injury, which cannot be compensated in any manner.

I, the aforesaid Krishna Shamsher Jang Bahadur Rana do hereby

affirm that the contents of this affidavit from paragraph no 01 to 20 are
true to the best of my knowledge and belief and that it conceals nothing
and that no part of it is false.
So help me god.

(Deponent)

I, Saurabh Agarwal, Advocate, Civil Court, Roorkee, District –

Haridwar, do hereby declare that the person making this affidavit and
alleging himself to be deponent is the same person known to me from the
perusal of the papers produced by his in this case.
 (Advocate)
Reg. No:-UK-435/2015
Solemnly affirmed before me on this _______ day of December,
2023 at about _____ a.m./p.m. by the deponent, who has been identified
by the aforesaid Advocate.
I have satisfied myself by examining the deponent that the
deponent has understood the contents of this affidavit, which has been
read over and explained to him by me.

(Oath Commissioner/Notary)