CASE BRIEF

NAME---- SAJID (Ghaziabad)

CURRENT STATUS----APPLIED FOR BAIL AT THE HIGH COURT OF ALLAHBAD

BAIL APPLICATION REJECTED BY SESSIONS COURT ---ON 27-3-2018 AND,

ON 15.11.2018

CASE NO. 1261/2017

AT DISTRICT AND SESSIONS COURT, Ghaziabad

IN THE CASE OF --- STATE V. IRFAN, SAJID AND OTHERS

SECTIONS OF IPC – 302, 394, 411

POLICE STATION – LONI

APPLICATION FOR BAIL BY THE ACCUSED NAMED SAJID s/o TAHIR Age – 34 years RESIDENT OF NAYA
BAANS MIRDGAN KANDLA RURAL, DISTRICT SHAMLI (U.P) :

DATE AND TIME OF INCIDENT; 14-12-2017, 13;30 pm

DATE AND TIME OF REPORT- 14-12-2017, 16;10 PM

NAME OF THE DECEASED – SANJAY

NAME OF THE COMPLAINANT- SANDEEP

DATE OF ARREST OF ACCUSED – 26.12.2017

CASE IN BRIEF- FIR IN THE PRESENT CASE IS REGISTERED ON THE COMPLAINT OF THE
COMPLAINANT SANDEEP THAT HIS BROTHER( DECEASED) WAS GOING TO BANK ON A MOTORCYCLE
NO. UP 14 FT17658 AFTER COLLECTING CASH AROUND 12;30 PM WITH AN AMOUNT OF RS.1,70,000

WHEN THE DECEASED WAS CARRYING CASH AND PASSING THROUGH MANSHARAM MANDIR
SUDDENLY ARUOUD 1;30 PM 3 UNKNOWN MOTORCYCLES APPEARED AND THEY SHOT MY BROTHER
AND TOOK THE MONEY FROM HIM , THIS INCIDENT WAS NARRATED TO ME BY MY NEPHEW MANSHI
AS SHE WAS PASSING THROUGH GIRI MARKET THAT SANJAY WAS SHOT DEAD BY SOMEONE ,AFTER
HEARING THIS I WENT TO THE PLACE BUT MY BROTHER HAD BEEN ADMITTED TO THE HOSPITAL BY
NEIGHBOURS AND MY BROTEHR WAS DECLARED DEAD BY THE DOCTORS .

ON THIS COMPLAINT THE CASE WAS FILED ON DATE – 14.12.2017

GROUNDS FOR BAIL

1.THAT THE ACCUSED WAS WRONGLY INVOLVED IN THE CASE AND THE ACCUSED IS INNOCENT.

2.THAT S.T NO. 325/2018 IS TO BE ENTERTAINED BY THE COURT NO 13. DISTRIC AND SESSIONS
MAGISTRATE GHAZIABAD, AND THE DATE FIXED TO HEAR UPON THE CASE IS ____________.

3.THAT THE ACCUSED IS FROM DATE – 26.12.2017 IS UNDER COURT CUSTODY IN DISTRICT JAIL
GHAZIABAD AND IT HAS BEEN 11 MONTHS SO FAR.

4.THAT IN THE CASE IN HAND THERE IS NO EYEWITNESSES, IN THE LIST OF WITNESSES ONLY 2 OUT OF
10 NAMED SANDEEP AND AJAY PAL ARE PUBLIC WITNESSES, REST OF THEM ARE POLICE WHO ALSO
ARE NOT EYEWITNESSES.

5.THAT THE CASE STATED IS THE INVOLVEMENT OF UNKNOWN PERSONS.

6.THAT THERE IS NO WITNESS WHO HAD SEEN THE CRIME MENTIONED AND ALSO NO EVIDENCE ON
RECORD HAS BEEN OBTAINED WHICH STATES THAT ACCUSED IS INVOLVED IN THE MURDER OF THE
DECEASED.

7.THAT THE WEAPON WHICH IS OBTAINED SHOWN HERE IS FOUND FROM THE ACCUSED IS FORGED
AND IS SHOWN WITH A MALICIOUS MOTIVE TO INVOLVE THE ACCUSED IN THE CASE.

8.THAT THE ACCUSED IS IN THE POSITION TO FIGHT HIS CASE SO THE BAIL IS NECESSARY

9. THAT THE ACCUSED HAS A VERY RIGHT TO PROVE HIS INNOCENCE

10. THAT HIS PARENTS ARE OLD AGED AND IS DEPENDENT ON HIM AND UPON GETTING BAIL THE
ACCUSED WILLFOLLOW THE COURT DIRECTIONS AND WILL PRESENT HIMSELF ON DATE OF HEARINGS.

11. THAT THE ACCUSED HAS NO INTENTION TO WALK AWAY FROM THE COURT PROCEEDINGS AND IS
READY TO GIVE HIS BAIL.

HENCE, IT IS REQUESTED THAT THE ACCUSED SHOLUD BE GIVEN BAIL .

ORDER- THE BAIL PETITION IS REJECTED BY THE COURT WITH THE REASON THAT IT WAS PREVIOUSLY
REJECTED ON DATE 27-13-18 BY THE UPPER SESSIONS COURT GHAZIABAD ,THAT THE COURT HAS NOT
FOUND ANY SUFFICIENT REASONS AND THUS BAIL APPLIACTION NO. 7718/2018 IN RELATION TO CASE
NO. 1261/ 2017 SECTIONS INVOLVED – 302,394 AND 411 STANDS REJECTED ON DATE 15-11-2018 BY
UPPER DISTRCICT MAGISTRATE GHAZIABAD.