Parminder Singh
Asked November 29, 2016

How to successfully oppose bail?

  • 3 Answers
  • 403 Views

Dear Sir, I am a resident of Ranjit nagar(New Delhi). • On July 2015, theft happened in our factory premises in Pitampura where everything including machines, raw material was robbed by our landlord. FIR is registered in the case (Section 380/448) and it is under bail matter now. • Like to mention that there is no formal rent agreement document between both since 1988. Our factory premise is on nominal rental basis. Our factory work is dormant since 7 years since my father is suffering from paralysis and he needed some time to recover. • We have Sale, Purchase & Labor job bills for transactions done before 2009. We have 1 or 2 bills w.r.t stolen machines that too very old and a snap of my father with 1 machine at the back in factory premise. • On the date of incident, another tenant in landlord premise called & informed us about the theft at midnight time. Landlord’s own factory is on the backside of our factory from where he broke the wall and entered in factory premise and stolen all the machines in the midnight at around 12:05. I was out of station when he committed this crime. Next day I visited police station and lodged FIR in person and visited our factory premise with S.H.O. Video footage and photos were taken by police. When we reached landlord workers were installing a door to cover the broken wall. • As usual, Investigation officer took bribe from accused which is why investigation is not happening. I asked I.O. to retrieve call details of accused which has not been retrieved to add evidence how and when accused plotted the conspiracy. Landlord has threatened the tenants from giving statement in our favor. The day theft happened I sent an online email to police email address and got the receipt from Delhi commissioner. • We have acknowledgement of FIR mentioning that in 2013 landlord sold a part of our factory space to our factory neighbor. We registered complaint in police but proven futile. We have photos for same as well where wall is getting build. • We do have acknowledgement of FIR mentioning that in 2014 landlord tried to threaten us and he has broken the lock of our firm and he will throw our items and everything out of the premise such as machines (clearly mentioned). Post FIR, protection and safety was expected from police officials which was not provided. Post this incidence, we gave accrued rent to landlord which he accepted. • Again landlord refused from accepting the rent starting January 2015 therefore we started sending money orders for same which as well he refused to accept. • Currently, the matter is in court where accused has applied for bail. Expecting you to kindly advice on how to proceed further to strongly oppose his bail via putting appropriate justification in front of honorable court. 

Answers 3

Your matter as stated needs person meeting and discussion so as to help you legally and properly. Documents are also required to be examined. You may contact me if so desire. I am in Delhi High Court.

Agree Comment 0 Agrees almost 4 years ago

Default avatar
Saurabh Kumar

In a case, the Supreme Court said that, in the granting of bail under Section 436 of CrPC and Section 438 (anticipatory bail ) of CrPC, the following things should be taken into account[1] -

  • The socio economic status  of the accused
  • The socio economic status of the patient
  • Chances of the accused tampering with evidence and witnesses
  • Chances of accused fleeing away or not being present before court while the hearing is on.
  • Chances of  a negative impact on the society if the accused is released.
  •  

    In your affidavit, you could mention that the accused has all the opportunity of tampering with the evidence- which he has already done by repairing the wall

    You could also cite his proximity to police officials and his power and influence that has led to several witnesses having turned hostile.

     

    In your affidavit, you could also claim that police action in this case is not according to Article 14 of the Constitution- Equality of law and Equal Protection of  Law. This could be shown by their act of not filing the FIR readily and not providing adequate security to you , in spite of the accused’s threatening actions and being in close touch with the accused and not arresting them timely. By citing these, you could request the court to give instructions to the police officials to ensure justice.

     

    [1] Zahira Habibullah V State of Bihar

    Agree Comment 0 Agrees almost 4 years ago

    Default avatar
    Saurabh Kumar

    In a case, the Supreme Court said that, in the granting of bail under Section 436 of CrPC and Section 438 (anticipatory bail ) of CrPC, the following things should be taken into account[1] -

  • The socio economic status  of the accused
  • The socio economic status of the patient
  • Chances of the accused tampering with evidence and witnesses
  • Chances of accused fleeing away or not being present before court while the hearing is on.
  • Chances of  a negative impact on the society if the accused is released.
  •  

    In your affidavit, you could mention that the accused has all the opportunity of tampering with the evidence- which he has already done by repairing the wall

    You could also cite his proximity to police officials and his power and influence that has led to several witnesses having turned hostile.

     

    In your affidavit, you could also claim that police action in this case is not according to Article 14 of the Constitution- Equality of law and Equal Protection of  Law. This could be shown by their act of not filing the FIR readily and not providing adequate security to you , in spite of the accused’s threatening actions and being in close touch with the accused and not arresting them timely. By citing these, you could request the court to give instructions to the police officials to ensure justice.

     

    [1] Zahira Habibullah V State of Bihar

    Agree Comment 0 Agrees almost 4 years ago
    • Default avatar
      Parminder Singh
      Sir, I.O is not investigating the case properly,is there any measurement i can seek out for proper investigation on this case. As the I.O is taking information from us and taking money from the accused party .
      Agree 0 Agrees almost 4 years ago


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