Basudev sawgbbbbbBasudev saw Barhi thana case 109/2025 (Petitioners are in custody since_________________) IN THE COURT OF S.D.J.M., HAZARIBAG Barhi P.S. Case No.-109/2025 State Vs. Vaudeo Sao & Anr. ………Accused U/s-115(2),126(2),121(1),324(4),132,352,3(5) BNS Humble bail petition on behalf of the Accused/Petitioners namely 1.Vasuded Sao, Aged about-_________Years, S/o-_______________________, R/o-_______________________ 2.Jagannath Sao, Aged about-75 Years, S/o-Late Ram Ji Prasad, R/o-Rosaiya Dhamna, Hazaribag. Most Respectfully Sheweth: That in this petition, the Petitioners pray for grant of bail in connection with Barhi P.S. Case No.109/2025, U/s-115(2),126(2),121(1),324(4),132,352,3(5) BNS, which is pending in the court of A.C.J.M., Hazaribag. That the Petitioners have not filed any petition for same or similar relief. That the cause of action arose within the territorial jurisdiction of this Learned Court. That it is stated and submitted that the Petitioner are innocent and falsely implicated. That it is stated that no case is make out under the provisions invoked in the FIR. It is not mentioned in the FIR as to the Informant was doing routine work in the Station or discharging some public duty. That from the bare perusal of contents of the FIR, it is apparent that the Police Officials are at fault, for the reason that despite giving informant with regard to occurrence of non cognizable offence, no FIR was registered, moreover, they have been punished for approaching the Police Officials. The Police officials were duty bound to registered the FIR under Section 173 BNS, and in compliance of the judgment laid down by the Hon’ble Apex Court in the Lalita Kumari Vs. State of UP Case. That the conduct of the Police Officials are also in violation of the principle laid down by the Hon’ble Apex Court in the case of D.K. Basu Vs. State of West Bengal. That it is relevant to state and point out that the Petitioners are old aged persons, ailing with several diseases. It is reasonably not possible for them to assault Police officials and that too in Police Station. That the Petitioner No.-2 is 75 Years old person, he is suffering from several old aged ailments. That even if the entire case of the prosecution is taken to be true, the Maximum punishment in the Section invoked are less than Seven Years, consequently, it falls under Category A of the principle laid down by the Hon’ble Apex Court in the case of Satendra Kumar Antil Vs. CBI and Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273. That if the Petitioners shall not be enlarge on bail, they shall suffer irreparable loss. That it is stated and submitted that the Petitioners are ready and willing to abide by the terms and conditions imposed by this Learned Court. That it is stated and submitted that the Petitioners undertakes to appear on each and every date before the trial Court. That other and further ground shall be urged at the time of hearing of this case. That this petition being filed in the interest of justice. It is, therefore, prayed that Your Lordship may graciously be pleased to grant bail to the petitioners in connection with Barhi P.S. Case No.109/2025, U/s-115(2),126(2),121(1),324(4),132,352,3(5) BNS, which is pending before this Learned Court. AND For this Petitioners shall ever pray. Filed on behalf of the Petitioners
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Friday, 4 April 2025
Basudev saw Barhi thana case 109/2025
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