In The High Court of Delhi at New Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI
BAIL APPLICATION No. of 2021
IN THE MATTER OF:
RAJNISH @ BANTU … APPLICANT
Versus
THE STATE … RESPONDENT
P.S. Shahbad Dairy

F.I.R. NO. 468/2019
U/S 302/365/201/404/34 IPC &
25/27 Arms Act
INDEX
S.no. Particulars Page no.

1. Notice of Motion
2. Urgent Application
3. Memo of parties
4. First bail application under section 439 CrPC
for grant of regular bail
5. Annexure P1
Copy of FIR No. 468/2019, U/S
302/365/201/404/34 IPC & 25/27 Arms Act
dated 17.10.2019, P.S. Shahbad Dairy, Delhi.
6. Annexure P2
Copy of medical certificates of the applicant.
7. Annexure P3
Copy of Chargesheet.
8. Annexure P4
Order dated 8.10.2021 of the Ld. ASJ, North,
Rohini.
9. Annexure P5
Copy of letter dated 15.1.2021 of the Office of
Superintendent, Jail No 4, Tihar.
10. Annexure P6
Order dated 28.5.20201 granting interim bail.
11. Application under section 482 CrPC for
exemption
12. Vakalatnama
13. Proof of service
14. Court fees
Applicant
THROUGH :
(Yugansh Mittal & Shahid Khan)

Advocates for Petitioner
172, Lawyers Chamber Block – II
Delhi High Court
New Delhi – 110003
172dhc@gmail.com
DELHI
DATED: .10.2021
IN THE MATTER OF:
Versus
NOTICE OF MOTION
To
The Standing Counsel (Crl.)
Delhi High Court
New Delhi.
Sir,
Take notice that the accompanying Bail application will be listed
before the court on at 10.30 A.M. in the forenoon, or so soon
thereafter as may be convenient to the court.
Thanking you.
Yours sincerely,
Applicant
THROUGH :

Delhi High Court
172dhc@gmail.com
DELHI
DATED: .10.2021
IN THE MATTER OF:
Versus
URGENT APPLICATION
To
The Registrar
High Court of Delhi
New Delhi
Sir,
Kindly treat the accompanying petition as urgent one as per the
rules and regulations of High Court of Delhi at New Delhi, seeking
bail in P.S. Shahbad Dairy, F.I.R. NO. 468/2019 U/S
302/365/201/404/34 IPC & 25/27 Arms Act
Applicant
THROUGH :

Delhi High Court
172dhc@gmail.com
DELHI
DATED: .10.2021
IN THE MATTER OF:
Versus
P.S. Shahbad Dairy

F.I.R. NO. 468/2019
U/S 302/365/201/404/34 IPC &
25/27 Arms Act
MEMO OF PARTIES
RAJNISH @ BANTU
S/o
R/o
… Petitioner/ Applicant
VERSUS
State (Govt. of NCT of Delhi) … Respondent
Applicant
THROUGH :
Delhi High Court
172dhc@gmail.com
DELHI
DATED: .10.2021

IN THE MATTER OF:
Versus
P.S. Shahbad Dairy

F.I.R. NO. 468/2019
U/S 302/365/201/404/34 IPC &
25/27 Arms Act
FIRST BAIL APPLICATION UNDER SECTION 439 R/W 482 OF
THE CODE OF CRIMINAL PROCEDURE ON BEHALF OF
APPLICANT FOR GRANT OF BAIL IN FIR NO. 468/2019, U/S
302/365/201/404/34 IPC & 25/27 ARMS ACT, DATED
17.10.2019 REGISTERED AT P.S. SHAHBAD DAIRY, DELHI.
MOST RESPECTFULLY SHOWETH:
1. That the applicant is a bonafide law abiding citizen, and was
arrested in FIR No. 468/2019, (herein referred to as ‘Subject
FIR’) U/S 302/365/201/404/34 IPC & 25/27 Arms Act
dated 1.10.2019, P.S. Shahbad Dairy, Delhi, and is currently

on interim bail. Copy of FIR No. 468/2019, U/S
302/365/201/404/34 IPC & 25/27 Arms Act dated
17.10.2019, P.S. Shahbad Dairy, Delhi is annexed as
Annexure - P-1.
2. That the applicant is suffering from extreme medical
conditions that would endanger him in jail, having been
diagnosed with being HIV+, Tuber Colosis (T.B.) and partial
paralysis. The above conditions would render the applicant’s
incarceration futile and it would be in the interest of justice
that he is set out on bail. Copy of medical certificates of the
applicant are annexed as Annexure – P-2.
3. That in the present case, investigation is complete and
chargesheet has been filed and the applicant is not required
for investigation. Copy of Chargesheet is filed as Annexure –
P-3.
4. That the applicant has been constrained to invoke the
jurisdiction of this Hon’ble Court seeking enlargement on
bail upon refusal of regular bail by the learned Additional
Sessions Judge, Rohini, vide order dated 8.10.2021,
primarily on the wrong premise that the applicant does not
have clean prior criminal antecedents. Copy of the order

dated 8.10.2021 of the Ld. ASJ, North, Rohini annexed as
Annexure P-4.
5. That as per the order of the Trial court, there are 7 cases
pending against the applicant, however it is submitted that
apart from the present case and one other case, in which he
is on bail, no other case is pending against the applicant
having been acquitted in 5 other cases.
6. That no bullet has been recovered from the body of Nitin
Gulati. Nothing has yet been linked to the applicant.
7. It is also apposite to mention that the applicant was a victim
of attack in prison by the main accused in the present case
and has been receiving threats from him as well, as he has
been falsely been accused in this case. Copy of letter dated
15.1.2021 of the Office of Superintendent, Jail No 4, Tihar is
annexed as Annexure P-5.
8. That the petitioner is God fearing and law abiding citizens.
Petitioner belongs to a reputed family having roots in the
society and is not likely to abscond anywhere. The applicant
has clean antecedents and no prior criminal involvement.
9. That the applicant has been on interim bail by this Hon’ble
Court as well as by High Court and thereafter by the High

Power Committee due to Covid epidemic he also remained on
bail but he never mis-used the privilege of bail. Whenever his
interim bail expired, he always surrendered on or before the
due date. Copy of order dated 28.5.20201 granting interim
bail is annexed as Annexure P-6.
10. That the petitioner is sought to be impleaded in false
criminal case despite no wrong doing on his part.
11. That the petitioner is ready to comply with any conditions
which may be imposed by this Hon’ble Court at the time of
grant of bail.
12. That the petitioner craves leave of this Hon'ble Court to urge
any additional ground/plea at the time of arguments in the
present petition.
13. That the petitioner has not filed any similar petition for grant
of bail in the case either before this Hon'ble Court or in
Hon'ble Supreme Court of India except the present one.
PRAYER
It is, therefore, respectfully prayed that in the light of the
submission made above, this Hon’ble Court may be pleased
to:
(a) Grant the applicant regular bail in FIR No. 468/2019,
U/S 302/365/201/404/34 IPC & 25/27 Arms Act
registered at P.S. Shahbad Dairy, Delhi; and
(b) Pass such other and further order that this Hon’ble Court
may deem fit and proper under the facts and
circumstances of the case.
Applicant
THROUGH :

Delhi High Court
172dhc@gmail.com
DELHI
DATED: .10.2021
IN THE MATTER OF:
Versus
AFFIDAVIT
I, , S/O , Aged about

Years R/o , Delhi –
1100 , do hereby solemnly affirm and declare as under:-
1. That I am the Applicant and am well conversant with the

facts of the case and therefore, competent to swear the
present affidavit for and on behalf of the applicant.
2. That the contents of the bail application u/s 439 read with
482 Cr.P.C. in FIR No.468/19 u/s 304B/34 IPC of P.S.
Shahbad Dairy, has been drafted by the counsel under his
instructions and contents of the same have been read over
and explained to me in vernacular language. I admit them to
be true and correct to my knowledge which may be read as
part and parcel of this affidavit and are not being repeated
here for the sake if brevity.
DEPONENT
VERIFICATION:
Verified at Delhi, on this day of October 2021 that the

contents of this affidavit are true and correct to my knowledge. No
part of it is untrue and nothing material has been concealed there
from.
DEPONENT
CRL M.A. ___ / 2021
IN
IN THE MATTER OF:
Versus
APPLICATION U/S 482 Cr.P.C. FOR EXEMPTION FROM
FILING THE CERTIFIED COPIES OF THE ORDERS/ 4 INCH
MARGIN/ HANDWRITTEN/ ILLEGIBLE DOCUMENTS.
MOST RESPECTFULLY SHOWETH:
1. That the petitioner has filed the above bail application
the contents whereof are not being repeated for the sake
of brevity and the same may be read as part and parcel of
the present application.
2. That the Applicant has filed certain documents which
may not be typed/ legible/ handwritten with 4 inch
margin. The copy of orders annexed may not be certified.
The matter is urgent and obtaining certified copy and

typed copies may take time due to the pandemic
situation.
3. That the present application has been filed in the interest
of justice and the same may be allowed.
PRAYER
It is therefore, prayed that the Hon’ble Court may be
pleased to:
A) Exempt from filing the certified copy of the orders and
other documents on record and handwritten/ illegible/ 4
inch margin. As and when the certified copies of the same
may be made available from the Copying agency, the
same will be submitted to the Hon’ble Court without any
further delay.
B) Pass any other order or direction as this Hon’ble Court
mat deem fit and appropriate.

Applicant
THROUGH :

Delhi High Court
172dhc@gmail.com
DELHI
DATED: .10.2021
CRL M.A. ___ / 2021
IN
IN THE MATTER OF:
Versus
AFFIDAVIT
I, Anubhav Gupta, S/O Shri Ashok Kumar, Aged about 44 Years

R/O C-21, 1st FLOOR, C.C. COLONY, Near Rana Pratap Bagh,
Delhi – 110009, do hereby solemnly affirm and declare as under:-
1. That deponent is the brother of the Applicant, am pairokar for

the applicant, who is in judicial custody. I am well conversant
with the facts of the case and therefore, competent to swear
the present affidavit for and on behalf of the applicant.
2. That the contents of the accompanying application u/s 482

Cr.P.C. for exemption from filing the certified copies of the
orders have been drafted by my counsel under my
instructions and the same have been read over to me and the
same are true and correct to my knowledge.
DEPONENT
VERIFICATION:
Verified at Delhi, on this … day of April 2021 that the contents of

this affidavit are true and correct to my knowledge. No part of it is
untrue and nothing material has been concealed there from.
DEPONENT

In The High Court of Delhi at New Delhi

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IN THE HIGH COURT OF DELHI AT NEW DELHI

BAIL APPLICATION No. of 2021

IN THE MATTER OF:

RAJNISH @ BANTU … APPLICANT

THE STATE … RESPONDENT

P.S. Shahbad Dairy

S.no. Particulars Page no.

(Yugansh Mittal & Shahid Khan)

IN THE MATTER OF:

RAJNISH @ BANTU … APPLICANT

THE STATE … RESPONDENT

(Yugansh Mittal & Shahid Khan)

IN THE MATTER OF:

RAJNISH @ BANTU … APPLICANT

THE STATE … RESPONDENT

(Yugansh Mittal & Shahid Khan)

IN THE MATTER OF:

RAJNISH @ BANTU … APPLICANT

THE STATE … RESPONDENT

P.S. Shahbad Dairy

State (Govt. of NCT of Delhi) … Respondent