PS: Shakespear Sarani
IN THE COURT OF THE LD CHIEF METROPOLITAN MAGISTRATE
AT KOLKATA BANKSAL COURT COMPLEX
Criminal jurisdiction
SHAKESPEAR SARANI PS/DD/SPL CELL CASE NO 296 OF 26.09.2016
U/S 120B/420/467/468/471IPC
IN RE :
ACCUSED: DEBA JYOTI DUTTA
S/O Late Arun Kr Dutta,
R/O Sirir Kunja Navatirtha
PO: Uday Raj Pur ,
Barasat Kol 29
REGULAR BAIL APPLICATION
Accused was arrested on 28.11.2018 at 12.40-45 near central metro, now in police custody
Humble bail application
1. That your application is a young Indian citizen, respectable and honest man having his permanent residence in the above address, was arrested by police in the flimsy ground.
2. That it appears, that the complainant took the name of the accused on the malicious ground without having any cognate information and documentation on September 2016.
3. That the police for the whole years have enough time to inquire the matter of allegation or to call the accused person to explain the circumstances of the Complaint or making any raid to the connected places if any in connection with the Offence. But police did nothing apart from arresting the accused person in the guise of his client. The accused work for Motilal share Traders in lower grade capacity.
4. That the accused person previously worked for another Share broker at the lowest level, in which he had no opportunity either to accept money from the complainant or making any false documents for the purpose of Forgery as alleged by the complaint and attached offensive IPC Sections.
5. The accused is competent to pray for Regular bail as 120B and 471 of IPC is bailable. And for 420/467/468 police have no incriminating material in their custody or information.
Grounds for Bail
1. That the acted on the basis of suspicion only
2. That the police failed to adopt mandatory procedure before arresting
3. That the police failed to disclose the offence at the time of arrest or to the Lawyer at their Kolkata Improvement Trust Office[DD Cell]
4. The IO of the case has no credible reason for arresting or any order from a Superior officer. IO B.B Guyne faile to show a single document in support of the Arrest to the lawyer apart from lame excuse “ Ja kichu balar courte bolben“. He has not even maintained any legal Diary in connection with the arrest .
5. The allegation is not at all serious.
6. The police never followed Section 41- 41A-42B.
7. The arrest is illegal.
8. Police never asked the accused in connection with the 2016 Information, so there is no need for any custodial questioning to the accused.
9. The accused is always at the reach of the police but the police chose not to make any preliminary inquiry regarding Forgery.
10. The attitude of the police is suspicious rather than the accused.
11. The mother of the Accused person is the mentally sick person and accept food only from her son, Debojoti , the accused.
In the above circumstances, it is humbly prayed for Bail of the accused person and a direction to the police that they shall not misbehave with the accused.
Date :
D Das
Advocate
