Bail in Electercity Upload

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BEFORE THE HON, BLE COURT OF SH.V.P.GUPTA, [SPECIAL JUDGE],


Mathura

Dakshin Haryana Bijli Vitran Nigam v/s Sheo Chand.

Complaint u/s 151/135 of Electricity Act.

1st.Bail Application.

Hon,ble Sir,

The applicant most respectfully submits as under:-

FACTS:-

“According to the complaint a inspection was conducted on the secret


information on the premises of the sheo chand and found that there was a cut on
the roof of the applicant and he was using electricity directly.”

1. That the applicants have been falsely implicated in the above mentioned criminal
case by the Complainant, with mala fide intention and ulterior motive in
collusion with the local police.

2. That the applicant is a law abiding and innocent villager who has nothing to do
with the alleged offence.

3. That there are a great delay to filing the present complaint .According to the
version of the complaint the alleged raid was conducted on dated 26.3.10 and the
present complaint was filed on dated 27.5.10.The present complaint was filed
only to mala fide intention because the hon,ble consumer fourm has already
restored the electricity connection to the applicant after deposited 40% amount
of total disputed amount on dated 8.4.10.The present complaint is filed only to
just harass to the applicant.
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4. That nothing has to be recovered from the applicant and no independent witness
was joined at the time of raid.

5. That all the witness in the complaint is official witnesses and there are no fear of
tempering.

6. That no alleged checking took place on dated 26.3.10 in the presence of the
applicant and the allegation regarding theft of electricity are wrong and baseless.

7. That in the Para no.3 of the complaint it has been alleged that the direct supply
was being taken from the cut of the cable and was used to run the domestic load.
No photographs as envisaged in the sale circular of Nigam were taken where it
was incumbent upon on the checking party to take the photograph to sight. No
incriminating material such as alleged cable was removing from the sight nor
was any seizure memo prepared.

8. That from facts mentioned in the complaint no offence of theft of electricity is


made out against the applicant.

9. That from the averments mention in the complaint notice of imposing penalty
has not been established nor any material thereof given in the complaint.

10. That the applicant had filled a consumer complaint as titled Sheo Chand v/s
AGM,DHBVNL and on dated 8.4.10 and The hon,ble DCDRF wide order dated
8.4.10 directed the applicant to deposited 40 % of the disputed amount of
Rs.29119/- and the same has been deposited by the applicant. The present
complaint has been filed on dated 27.5.10 just for harass to the applicant. [Photo
copy of order dated 8.4.10 is attached herewith.]

11. That the applicant is innocent and a permanent resident of Village Khori and
there is no apprehension of his absconding from the jurisdiction of the hon,ble
court.

12. That the applicant undertakes to abide by all the terms and conditions as
imposed by the hon,ble court while granting bail.

PRAYER:-
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The applicant respectfully prays that the bail application may kindly be
allowed and applicant may be order to be released on bail.

Applicant.

Sheo Chand s/o Sh. Fateh chand


R/o Vill: jayadpur
Teshil and Distt. Mathura
Date: 17.7.10
Place: Mathura Through Council: Sh.N.S.TANWAR

BEFORE THE HON, BLE COURT OF SH.V.P.GUPTA, [SPECIAL JUDGE],


REWARI.

Dakshin Haryana Bijli Vitran Nigam v/s Sheo Chand.

Complaint u/s 151/135 of Electricity Act.

1st.Bail Application.

Affidavit

I, Sheo Chand s/o Chaju Ram r/o Vill: Khori tehsil and Distt, Rewari do hereby
solemnly affirm and declare on oath as under:-

1- That this is the First Bail Application filed on behalf of the applicant and no
such similar bail application is neither decided nor pending in any other Court in
India.

2- That the present bail application is drafted by my council on the instructions of


the applicant.
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Deponent

Verification:-

Verified on this 17st day of July, 2010 at Rewari that the contents of this affidavit
are true and correct to the best of my knowledge and belief and nothing has been
concealed therein.

Deponent

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