IN THE COURT OF THE HON’BLE METROPOLITON SESSIONS JUDGE:
RANGA REDDY DISTRICT: AT [Link]
[Link]. No. of 2023
IN
Cr. No. 60 of 2023
( P.S. Attapur )
Between:
Dariya Patel @ Aref,
S/o. Chand Patel,
Age: 27 yrs, Occ: Pvt., Employee,
R/o: Arsh Mahal, 9 N0., Rajendranagar.
N/o: [Link]. 4-112, Ainoli Post, Chincholi Taluq,
Gulbarga District, Karnataka.
….Petitioner/Accused
AND
The State of Telangana,
Through S.H.O. P.S. Attapur,
Rep’by its. Public Prosecutor,
…Respondent
Date of offence: Prior to 11-07-2023.
Date of remand: 12-07-2023.
Offence: U/Sec. 376(2)(n), 506 of I.P.C
BAIL APPLICATION FILED U/Sec. 439 of Cr.P.C.
The address for service of all notices etc., on the above named
petitioner is that of its Counsel M/s. [Link] REDDY, [Link]
KUMAR, ADVOCATES, Plot No. 401, Road No.2, Green Hills Colony,
Hyderabad-35.
1. It is submitted that the present petitioner was falsely implicated in
[Link]. 60/2023 for alleged offence U/Sec. 376(2)(n), 506 of I.P.C .
2. That the brief version of the prosecution is that on 11.07.2023 at
18:30 hrs received a statement of Victim recorded by [Link], WSI of
Police, PS Rajendranagar, Cyberabad, in which she stated that her
marriage was performed in the presence of elders as per the tradition of
Muslim religion. As her mother-in-law and father-in-law were died, both
defacto
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complainant and her husband were staying in rent house at Arsha mahal.
They are staying in the 1st floor and complainant’s sister-in-law is residing
in the same building in the 3 rd floor. Her husband is a car driver and he
used to go for work at 1600 hrs and used to come to home on the next
day morning 0600 hrs. one person by name Areef who stays alone in the
next portion of defacto complainant’s rented house, he had friendly
relation with defacto complainant’s sister-in-law sometimes he used to
have food at their house. From past 4 to 5 months Areef took phone
number of defacto complainant from somewhere and used to talk to
defacto complaiant through phone. one day while defacto complainant’s
husband was not present at home, for sexual intercourse and in the
meantime at 02:30 hrs to 03:00 hrs defacto complainant’s husband came
to home,Areef immediately adjusted his pant and went away from that
place. Defacto complainant’s husband by seeing that dropped her at her
maternal house. Defacto complainant told this matter to her mother, then
her mother took her to police station to lodge complainant against him.
Hence the FIR.
3. That the material on record does not substantiate the contention of
the respondent that the petitioner herein had committed the above said
alleged offence.
4. That the after registering the above case against the petitioner
herein, the respondent arrested the Petitioner/Accused and produced
before the Hon’ble XI Addl., Metropolitan Magistrate at Rajendranagar and
the said Hon’ble Court remanded him to judicial custody on 12-07-2023.
5. It is submitted that the ingredients of sections 376(2)(n), 506 of I.P.C
does not attract to the present case.
6. It is submitted that the defacto complainant and the petitioner
/Accused herein are well known to each other and there are some
financial transactions between them, and when the petitioner/Accused
herein asked the defacto complainant to return the amount, the defacto
complainant and
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her family members hatched a plan and foisted a false case against the
petitioner/Accused herein.
7. That the Petitioner/Accused is innocent person and he is no way
concerned to the above alleged offence. The Petitioner/Accused was
falsely implicated with an ill-intention and with malicious intention.
8. That the Petitioner/Accused herein is private employee and working
as an accountant in Logistics Pvt., Ltd, and the Petitioner herein has to
take care of his old age parents with the earnings of his employment, if
the Petitioner is still behind the bars the bright future and carrier of the
petitioner gets ruined, and there are no one to take care of his old age
parents.
9. The Petitioner/Accused is well Known person in his locality and as
such there is no likelihood of jumping the bail.
10. That the Respondent completed entire investigation and recorded
the statements of all the witnesses and only filing of charge sheet is
remained to be filed and as such there is no likelihood of tampering the
evidence or hampering the witnesses.
11. That the Petitioner/Accused is ready to furnish sufficient surety and
security to the satisfaction of the Hon'ble Court and also ready to abide
the condition if any imposed by this Hon’ble court.
12. It is submitted that this is the First bail application filed by the
petitioner/Accused and no other bail petition filed or pending in any other
court including the Hon’ble High Court of Judicature for the state of
Telangana.
It is therefore prayed that this Hon’ble Court may be pleased to
enlarge the Petitioner/Accused on bail in Crime. No.60/2023 of alleged
offence U/Sec. 376(2)(n), 506 of I.P.C of P.S. Attapur and pass any such
other order or orders as the Hon’ble court may deem fit and proper in the
circumstances of the case, in the interest of justice.
Place : [Link]
Date : 21-07-2023 COUNSEL FOR THE PETITIONER/ACCUSED
IN THE COURT OF THE
HON’BLE
METROPOLITAN SESSIONS
JUDGE:
AT: [Link].
[Link]. OF 2023
IN
Cr. No. 60 OF 2023
([Link])
Between:
Dariya Patel @ Aref
…… Petitioner/Accused
AND
The State of Telangana through
P.S. Attapur,
Rep., by its PP.,
…… Respondent/Complainant
PETITION FILED U/SEC 439
of CR.P.C
Filed on: 21-07-2023
Filed By:
COUNSEL FOR THE PETITIONER/
ACCUSED
Ph: 8185007777
M/S. [Link] REDDY
[Link] KUMAR
[Link]
Advocates
Plot No.401,
Green Hills Colony,
Kothapet, Hyd-35.