ASSIGNMENT ON :-

Draft a bail application u/s 439 of crpc to be filed before the court of
sessions.

Guided by :- Mr. Anshuman Subhankar

Submitted by:-
Pratishruti sahu
1541801048
BBA.LLB(H) 4th yr.

SOA National Institute of Law (SNIL)

SIKSHA ‘O’ ANUSANDHAN UNIVERSITY, BBSR
 DECLARATION

I certify that the assignment on the topic “Draft a bail application u/s 439 of crpc to be filed
before the court of sessions”. for the academic session 2018-2019, has been prepared by me
under the guidance of Mr. Anshuman Subhankar , SNIL and I declare that the same has not
been submitted for evaluation elsewhere .
 GUIDE CERTIFICATE
This is to certify that Ms. Pratishruti sahu of BBA.LLB course has successfully completed
Drafting ,Pleading and Conveyance assignment on the topic” Draft a bail application
u/s 439 of crpc to be filed before the court of sessions” as provided by the
institution for the session 2018-19.

BBA.LLB(8th semester)

Regd. No. 1541801048

ACKNOWLEDGEMENT
I take this opportunity to express my gratitude to the people who have been helpful in the
completion of this assignment work. I would like to show my greatest appreciate Mr.
Anshuman Subhankar for guiding me throughout.

Thanks and appreciation people at SOA National Institute Of Law for the support and
guidance.
 IN THE HIGH COURT OF ORISSA; CUTTACK

(BAIL APPLICATION)

BLAPL No………………………OF 2013

Code No. .181000

IN THE MATTER OF:

Mitu@Nihar Ranjan Pradhan

……………..Petitioner

–Versus–

State of Odisha
………………Opposite Party

INDEX

SL.NO. PARTICULARS OF DOCUMENT PAGES

1. Bail Application

2. ANNEXURE–1

A copy of the FIR

3. ANNEXURE– 2

Copy of the Rejection Order passed by the Ld. 1 st

Addl. Sessions Judge, Puri on 18/02/2013

4. ANNEXURE– 3

Copy of the Marriage Invitation Card

5. VAKALATNAMA

Cuttack By the Petitioner

Date: Through
 Advocate

IN THE HIGH COURT OF ORISSA; CUTTACK

(BAIL APPLICATION)

BLAPL No………………………OF 2013

Code No.181000

IN THE MATTER OF: (Accused Person is in Custody)

An application under Section 439 of the Criminal

Procedure Code;

AND

IN THE MATTER OF: G.R. Case No 715 of 2011 arising out of Puri Sadar

PS Case No 80 of 2011 falsely implicated under

Sections 302/506/114 and 34 of IPC r/w Section

25(1)(a)(i)(B)/27 Arms Act, pending before Ld.

SDJM, Puri

AND

IN THE MATTER OF:

Mitu@Nihar Ranjan Pradhan

aged about 40 years

S/o – Bhramarbar Pradhan

At – Bandala,

PS – Puri Sadar
 Dist – Puri

At present residing

CDA, Behind Krusaka Bhawan

PS- Markat Nagar

Dist- Cutack

………………..Petitioner

-Versus-

State of Orissa

……………Opposite Party

The matter out of which this application arises was once before this Hon’ble

Court vide BLAPL No 14576 of 2012 as per instruction received from the

client.

TO
THE HON’BLE ACTING CHIEF JUSTICE SHRI PRADIP KUMAR

MOHANTY, B.A., L.L.B, OF ORISSA HIGH COURT AT CUTTACK AND

HIS COMPANION JUSTICES OF THE SAID HON’BLE COURT;

THE HUMBLE PETITION OF THE

PETITIONER NAMED ABOVE;

MOST RESPECTFULLY SHOWETH:

1. That the present petition has been filed by the petitioner seeking interim

bail for a period of fifteen days for participating and organising the

marriage of his sister .That the accused petitioner is a poor and an

innocent youth in his locality, who has been victimised of his own

innocence and ill intentions of the prosecuting authorities towards him

 and has been falsely implicated in the alleged commission of offences

under Sections 302/506/114 and 34 of IPC r/w Section 25(1)(a)(i)(B)/27

Arms Act, pending before Ld. SDJM, Puri vide Puri Sadar PS Case No

80 of 2011 corresponding to G.R. Case No 715 of 2011. That the Police

have falsely implicated him in this case though the petitioner was never

involved in the alleged offences. There is no evidence against the

petitioner rather it is the dishonest intention to entangle him in the

alleged offences. That the Ld. 1st Addl. Sessions Judge, Puri has rejected

the bail application of the petitioner on 18.02.2013. Hence this petition.

2. That the story of the prosecution is that the informant lodged an FIR

before the concerned Police Station on 13.05.2011 stating therein that

on 13.05.2011 his son namely Amit Pradhan had been to Brahmagiri

with his friends and while returning the petitioner along with his

associates restrained the informant son and abused and opened fire from

a gun and while the informant son severely injured, he was carried to

hospital. The present petitioner again fired at the informant son’s back

near the house of his brother Natabar. The informant further stated that

after being informed by his brother he went to Puri Hospital where his

son Amit was declared brought dead. A copy of the FIR is annexed

herewith and marked as ANNEXURE- 1.

1. That it is respectfully submitted that after the course of investigation

the investigating officer has submitted the charge sheet against the

present petitioner before the Court below.

2. That the police has gone ahead to register the case involving the

Petitioner in the omnipotent and serious allegations under the Arms Act
 without an iota of solid evidence in order to harass the Petitioner and

hatched conspiracy to entangle the innocent hapless petitioner in the

aforesaid criminal case.

3. That as per the order dated 18/02/2013 the Ld. 1st Addl. Sessions Judge,

Puri has rejected the bail application of the petitioner without any valid

grounds which is a serious miscarriage of law and against the justice,

equity and public policy as well has severely prejudiced the helpless

Petitioner. A copy of the order dated 18/02/2013 the Ld. 1 st Addl.

Sessions Judge, Puri is annexed herewith and marked as ANNEXURE-

2.

4. That it is respectfully submitted that the marriage ceremony of the

sister of the petitioner is going to be solemnised on 27th of February, 2013

and the father of the petitioner is suffering from cardiac problem for

which it is most essential for the petitioner to attend his sister marriage

as no other male member of his family is there to look after his sister’s

marriage ceremony. A copy of the Marriage Invitation Card is attached

herewith and marked as ANNEXURE- 3.

5. That it is further submitted that since more than two years the present

petitioner is in jail custody and the petitioner though being innocent has

already suffered unnecessarily which is against the principle of criminal

justice jurisprudence and if this be repeated by this Hon’ble Court will

surely lead to defeat the ends of natural justice.

6. That the petitioner has become the victim of his own innocence and

previous grudges of the investigating officials against him, and to add to

 it there is no cogent, substantial, circumstantial corroborating evidence

to prove the offence.

7. That the petitioner was never involved in the aforesaid case and the

informant has falsely implicated the petitioner so as to ensure that this

petitioner is harassed. This shows the vindictive attitude of the

informant and the FIR was lodged in all mala fide intention.

8. That there is no chance of absconding of petitioner as he is the

permanent resident within this jurisdiction of this Hon’ble Court and

furthermore there is no chance of tampering with evidence as he is with

the investigating authorities.

9. That the petitioner further submits that he is law-abiding person and

will abide by any terms and conditions imposed by this Hon'ble Court, if

released on interim bail.

PRAYER

It is humbly prayed that this Hon'ble Court may graciously be

pleased to grant interim bail to the petitioner in connection with Puri Sadar

PS Case No 80 of 2011 corresponding to GR Case No. 715 of 2011 pending

before the Ld. SDJM, Puri on any suitable terms and conditions as deemed

just and proper and may pass such other order/orders as this Hon’ble Court

deems fit and proper;

And

May pass such other order/orders as this Hon’ble Court deems fit and

proper;

And
 For the said act of kindness, the petitioner as in duty bound shall

ever pray;

Cuttack By the petitioner

Date: Through

Advocate

AFFIDAVIT

I, Sarada Prasanna Nayak, aged about 26 years, S/o- Bholanath Nayak

resident of Nuhundi, PS- Balikuda, Dist- Jagatsinghpur do hereby solemnly affirm

and state as follows:

1. That I am the advocate's clerk in charge of this case and as the

petitioner is in custody, I have been authorized by the advocate to

swear this affidavit.

2. That the facts stated in the present Bail Application and affidavits

are true to the best of my knowledge and belief.

DEPONENT/AC

CERTIFICATE

Certified that due to want of cartridge papers this matter has been typed in

thick white papers

Cuttack
 Date- Advocate

UNDERTAKING

That the counsel for petitioner undertakes that the English version of Oriya

annexure will be filed as and when required by this Hon’ble Court.

Date Advocate