Bail application

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?IN THE HON’BLE JMFC’s V COURT VASAI,

AT VASAI.

???????????????????Bail Application No ????????????????/2019

In FIR No?I 665/2021, Waliv P Stn

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1)?Mr …….???????????????????????????…. Applicants/Accused.???????????????????????????????????????????????????????????????????????????????????????

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????????????????????????v/s

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?????????????????The State of Maharashtra,

?????????????????Through (Waliv Police station)????????…….Respondent.

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?????????????????????????????????????????????Application for Bail u/s 437 Cr.P.C.

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???????????????MAY IT PLEASE YOUR WORSHIP:

1)?It is the case of the prosecution that the above applicants/alleged accused, have committed an offence u/s 354 of the IPC, for which FIR number I 665/2021, came to be registered, on 13/07/2021, at Waliv Police Station. Hereto annexed and marked Exh “A” is the original copy of the FIR, dtd13/07/2021.

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2)?Brief facts of the case:

a)??Some dangerous illegal construction was going on at flat 002, ground floor of Woodland complex CHS Ltd, …………. East, …………… ?401208. Wherein a worker was cutting the reinforced iron rods, of a concrete beam, which can possibly collapse the said building, endangering the lives and limbs of occupants and others; therefore the secretary and other managing committee members (Including two women members) sought to meet the flat owner on an urgent basis. Due to the work continuing inspite of objections, and inspite of repeated phone calls and messages and assurances from the owner that he would meet the managing committee members at 9-00 A. M. and allow inspection, the flat owner failed and neglected to arrive on time and work continued in his absence; therefore, the society members were compelled to enter the flat which was open. The flat owner and his wife, Mrs Swati Mahendra Adole, ?later appeared and entered into a heated argument with society members, after which society members rushed to the office of the municipal corporation, to seek urgent intervention as the municipal corporation was earlier intimated in writing about the said illegality and had assured the managing committee of the society they also would be present during the inspection visit at the scene of offence, a written complaint had been submitted earlier in point of time in respect of the said illegal construction. The society members were not aware that, the flat owner and his wife Mrs Swati Mahendra Adole, ?informant/ (Original complainant) had gone to Waliv Police Station and managed to file a patently false and baseless FIR.

3)??It is the case of the prosecution, that the applicant/alleged accused committed an offense u/s 354 of the IPC by inappropriately touching the body of his Mrs.

?It is the case of the prosecution that the committee members trespassed into the said flat.

b)?It is the case of the prosecution that that the applicant/alleged accused used physical force and assaulted his wife attracting section 323 of the IPC.

c)??It is the case of the prosecution that the applicants/alleged accused are likely to continue doing harm to himself and his wife, and therefore should not be enlarged on bail.

d)?It is the case of the prosecution, that the applicant/alleged accused if enlarged on bail may not be available for trial.

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4)??The applicant/alleged accused respectfully submit:

i)???????????The hon’ble Supreme Court has time and again directed that bail and not jail is the rule.

ii)?????????The question of applicant/alleged accused absconding is highly improbable as they are domiciled in Mumbai, have their family root, relatives in Mumbai, they have permanent employment in Mumbai and they also have immoveable properties in Mumbai.

iii)???????That the documents on record and other documents associated with the case reveal, that the FIR was registered on 13th July, and the accused are being produced today i.e. Thursday 15th July which is in breach of the Cr.P.C as well as Constitutional law; as such there are allegations against the police themselves. Police cannot investigate when police are accused as per case law annexed hereto as Exh “B”

iv)????????The applicant/alleged accused submit, even assuming but not conceding they entered into the said flat, to stop a dangerous illegality, their rights flow from section 45 (a), (b) and (c) of the Maharashtra Co-op societies Act [Responsibilities and Liabilities of members].

v)??????????The applicant/alleged accused submit, as per section 46 of the Maharashtra Co-op societies Act [Responsibilities and Liabilities of members], secretary is empowered to take inspection of the flat under repair with prior intimation to the member along with the members of the managing committee

vi)????????That applicants/alleged accused (1) to (5) are gainfully employed and applicants/alleged accused (6) & (7) are women being house wives.

vii)??????There is no prima facie or cogent evidence on record of the applicants/alleged accused, having committed the said alleged offence. Infact the applicants/alleged accused have audio and video recording of what factually transpired at the scene, besides emails, written complains to the municipal corporation; also voice and chat transcripts of mobile as well as Watts app, which they crave leave to collectively rely upon. Hereto annexed and colly marked Exh “C” are the audio, video recordings and mobile Watts App transcripts.

viii)?????That the sole witness to the alleged incident is the husband of the informant/ complainant, an interested witness.

ix)????????That there is no medical report or other evidence on record to suggest a case of assault.

x)??????????That no investigation is balance as such, infringing on the applicants/alleged accused rights of freedom, which flow from article 21 of the Constitution, shall serve no purpose, and is bad in law.

xi)????????That as per national law and international public law, the applicants/alleged accused are entitled to a free, fair and expeditious trial; and therefore may be enlarged on bail.

xii)??????That the applicants/alleged accused are ready and willing to go through the trial, if released on bail, as per reasonable terms and conditions imposed by this hon’ble court.

xiii)????That the present applicants/alleged accused have not made any other application before any other court in respect of this same subject matter or any other court of law.

xiv)????The applicant/alleged accused rely on two hon’ble supreme court case laws hereto annexed as Exh “D”.

5)?With the aforesaid submissions, the applicant/alleged accused, humbly pray that this hon’ble court enlarge them on bail with terms and conditions the court feels fair and proper.

?????????For which act of kindness, the applicants/alleged accused shall ever pray.

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Advocate for the

applicants/alleged accused.

???????????????????????????????????????????????????????????????Applicants.??????

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Dated:15th June 2021.

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C.C. to: office of P.P.

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