IN THE COURT OF LEARNED SESSION JUDGE AT AMBALA

………………………….

SAHIL SON OF SHRI GURMAIJ AGED ABOUT 25 YEARS

RESIDENT OF VILLAGE CHOTA KHUDA AMBALA P.S CHOTA
KHUDA AMBALA HARYANA

ADHAR CARD NO – 4768 6618 8849

PHONE NO -7056966616

………..PETITIOER

VERSUS

STATE OF HAYANA

………….RESPONDENT

FIR NO – 25 dated

U.S-379 IPC

P.S – AMBALA CANTT

1st Bail application under section

438 of code of criminal procedure

Respected Sir,

The humble bail application of the above-named

applicant is most respectfully submit as under:-

1. That this is the bail application filled by the

petitioner as no other bail application is pending or
decided by any court of law
2. That the petitioner is bail jumper as he jump bail
on _____________
3. That the trial of applicant is pending before Shri
Ishwar Dutt Ld. ACJM Ambala for
4. That the absence of accused is not deliberate nor
intentional but due to above said reason .
5. That the applicant is not previous convict .
6. That the accused applicant jump bail on
7. That the petitioner hails from the reputed family
and is permanent resident of the above mentioned
address and there is no likely hood of his being
absconding or jumping over the bail.
8. That the bail is rule of law and the custody of the -
applicant is an exception as in State of Rajasthan
v. Bal chand ,AIR 1977SC 2447:(1977) 4 SCC
308 :(1978) 1 SCR 535, the supreme court
observed that “ the normal rule is bail and not jail”.
In Datta Ram Singh v. State of U.P reported as
2018 (2)RCR (criminal), page 131 hon’ble
supreme court held that grant of bail is general
rule and putting a person behind jail is an
exception . Also in Arnab M.Goswami V.State of
Maharastra &ors.2021 (2) SCC 427 it has been
held that “basic rule of our criminal justice system
is “bail not jail” all court must enforce this
principal.
9. That, the Hon’ble Supreme Court has again in
plethora of judgements lamented over the age-old
mentality of the police personal to “arrest first and
then proceed with rest” and considered arrest as
one of the most nefarious vestiges of British rule in
India. The provision of arrest is the negation of
Fundamental Right of Life and liberty, the most
precious of all human rights.
10. That the petitioner further undertakes that he
will not directly or indirectly, make any
inducement, threat, or promise to any person
acquainted with the facts of this case so as to
 dissuade him from disclosing such facts to the
Court or to any Police Officer.
11. That mere allegation does not amount the guilt
of any person, as the same requires evidence which
would be taken during the course of the trial. It is
also settled law that bail is a rule and jail is an
exception.
12. That mere allegation does not amount the guilt
of any person, as the same requires evidence which
would be taken during the course of the trial. It is
also settled law that bail is a rule and jail is an
exception.
13. That the trial will take long time to conclude
As in State of kerla v. Raneef ,AIR SC 340: 2011
AIR SCW 306: 2011 Cr LJ 982 apex court
observed that in granting bail the delay in
conclusion of trial is an important factor to be
considered therefore this Court deems it
appropriate to release the petitioner on regular bail
as there is no useful purpose would be served by
detaining the accused applicant in further custody
till the conclusion of trial.
14. That it is rule of law that every person is
presumed innocent until the final decision of the
court holding him guilty of the charge / charges
made against him .
15. That the trial of the case will take a sufficient
long time and no purpose will be served by
detaining the petitioner in the judicial custody.
16. That the petitioner is ready to furnish the
surety/bail bonds as per the entire satisfaction of
this Hon’le Court.
17. That it is a fit case for bail.
PRAYER
 It is therefore prayed that the petitioner may kindly
be ordered to be release on the bail till pending
decision of the case, in the interest of justice, law
and equity.

Dated. – 05.03.2023
Place – Ambala
Petitioner
Balram

Through Counsel :Shubham Rana @ Bhanu partap