Tiêu đề 478 Problem.docx ✅

BAIL APPLICATION U/SEC. 478 OF BNSS Facts of the case: Raghu and Anil have been knowing each other for the past 6 years. On the basis of this acquaintance, Raghu had approached Anil for a hand-loan of Rs.35,000/-. Anil trusted Raghu and gave the said amount to be repaid with the next 6 months. As security for this transaction, Raghu delivered to Anil a post-dated cheque for the said amount. Even after the lapse of 6 months, Raghu continued to default on the repayment of the loan he had taken from Anil. Anil, unable to bear the procrastination of Raghu, presents the aforementioned cheque for encashment with his banker, which gets dishonoured for lack of funds. Anil tries to communicate with Raghu about the dishonour, but there is no response from him. Hence, Anil decides to file a PCR before the VIII Additional Chief Metropolitan Magistrate, Bengaluru, for the offence punishable under Sec.138 of the Negotiable Instruments Act, 1881. After receiving the sworn statement of Anil, the Hon'ble Magistrate takes cognisance of the case and issues a summons to Raghu, but Raghu fails to appear, and the Magistrate is compelled to issue a Non-bailable Warrant (NBW) against him. Accordingly, he has been arrested and produced before the magistrate. But on the other hand, Raghu’s father suffered a heart attack very recently, and hence he has spent a huge amount of money on his treatment and has no intention of cheating Anil, but instead is making hectic attempts to arrange for the funds to repay the said loan. Problem: Draft a bail application u/Sec.478 of the BNSS, to be filed before the VIII Additional Chief Metropolitan Magistrate, Bengaluru, on behalf of Raghu in the above case. The bail application shall be accompanied by a surety affidavit, given by Prakash, the brother-in-law of Raghu. Prakash is a software engineer, working with a reputed MNC company at Bengaluru, drawing a salary of Rs.1.5 Lacs per month and is also solvent or by a self-bond under section 490 of CrPC.