Application for Bail

By | September 24, 2016

APPLICATION FOR BAIL

Facts

  1. Bhaskar, a, V.A.O. of a village, is put up for trial for an offence Under Section 409 IPC Criminal Breach of Trust by a public servant. The prosecution case against him is that he failed to send the Government Treasury an amount of Rs. 3,000/- out of the amount he had collect as land revenue. An offence U/sec 409 is a non-bailable offence. The accused is an old man of 60 years and is an Under Trial Prisoner.

IN THE COURT OF THE FIRST CLASS MAGISTRATE, CHANDRAGIRI

Bhaskar                                                                                           ……… Petitioner

Vs.

State                                                                                                   ……. Respondent

PETITION FILED ON BEHALF OF THE PETITIONER ACCUSED UNDER SEC. 409 OF IPC

May it please your honour

On behalf the above name accused, I beg to apply for his release on bail on following reasons:

(1) The accused was arrested on 05.11.2011 by the Chandragiri Police on a charge U/Sec 409 I.P.C. the main complaint against him being that he being the V.A.O. of Peruru village and as such being a public servant failed to maintain and show accounts for a sum of Rs. 3,000/- to the Government Treasury.

(2) Though offence is non-bailable taking into consideration the fact that, the amount involved is only Rs. 3000/- it is highly probable that there must be some honest mistake on the part of the accused for no one would think of Misappropriating such a small amount as Three Thousands.

(3) The accused is a respectable old man of 60 and is certainly not going to abscond. Moreover his family is resident in the village for over 40 years. His pensions and provident fund all came to more than Rs. 7000/- and the missed amount will be compensate by the accused soon.

Due notice of this applications is given to the Police.

PRAYER

Therefore, pray that the said accused may be granted bail and released from the policy custody where he is for the last 45 days. XXXXXX A. Satyanarayana Swamy Advocate for accused

Mayank Shekhar
Author: Mayank Shekhar

Mayank is a student at Faculty of Law, Delhi University. Under his leadership, Legal Bites has been researching and developing resources through blogging, educational resources, competitions, and seminars.

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