The applicant students submit that prosecution case in nutshell is that the complainant namely Shraddha Kapoor is serving as Deputy Executive Engineer in Goa Canal Sub Division under under her jurisdiction one Branch Canal is passing near IDC and the said Canal is passing through, residential area of IDC and the said Canal ends at lake of Goa Nagar Palika.
It is alleged in the FIR in question that at 9’o clock in the morning one Priyanka Chopra , Gate Operator of IDC Canal called her and informed that water containing chemical is coming in Canal and therefore the complainant and one Alia Bhatt went to Village to see the Canal and they saw that chemical was spread over near Canal’s gate near Farm of Jacqueline Fernandez and the water was contaminated by chemical and it can be seen that fishes in the Canal have died and therefore they have closed the gate of the Canal near Branch of IDC and also informed telephonically to Deputy Executive Engineer, Kareena Kapoor Khan of IDC as well as Chief Officer Sara Ali Khan to close the gate of the lake situated at IDC and the complainant had informed telephonically to Katrina Kaif, the Engineer of Nagar Palika to close the lake and also informed to Pollution Control Board (PCB) and therefore the Officer of the Pollution Control Board (PCB), came at Village and collected samples and procedure was undertaken to remove chemical from the water.
The complainant has filed Janva Jog. It is further alleged in the FIR that some unknown persons have spilled the chemical in the Canal and violated the guidelines of CPCB and has endangered the lives of the persons and caused damage to the Environment and therefore the complainant filed the FIR in question.
The applicants state and submit that in pursuance to the lodgement of the FIR in question, all the present applicants were arrested and thereafter the Police Inspector of applied for remand vide his application which came to be partly allowed and the remand was granted. It is submitted that after the remand period the applicants were sent to judicial custody.
Thereafter the present applicants jointly preferred Criminal Misc. Application before Hon’ble Additional Sessions Judge, praying for Regular Bail. It is submitted that the said application came to be rejected vide impugned order by the Hon’ble Court below.
It is submitted that the Police Inspector of Police Station submitted affidavit opposing bail application of the applicants.
The applicants state and submit that being aggrieved and dissatisfied by the order passed in Criminal Misc. Application , the applicants have jointly preferred this application for Regular Bail on the following amongst other grounds.
That the applicants are absolutely innocent and that they have not committed any offence as alleged in the FIR in question. That looking to the age of the applicants they are required to be released on regular bail.
The applicant respectfully submits that they are falsely implicated in these offences and they have not committed the offences as alleged under sections 279, 324(2), 110, 286, 326(B) and 54 of Bharatiya Nyaya Sanhita, 2023 and under Section 15 of the Environment Protection Act. The applicants state and submit that there are no prima facie case made out against the applicants from the FIR and therefore, the applicants are required to be released on regular bail.
The applicants state and submit that if the First Information Report is perused, it can be seen that the role of the present applicants do not fall under Sections 279, 324(2), 110, 286, 326(B) and 54 of Bharatiya Nyaya Sanhita, 2023 and under Section 15 of the Environment Protection Act and therefore the applicants are required to be released on regular bail.
The applicants state and submit that applicants are in jail and trial will take its own course and therefore, the applicants are required to be released on regular bail.
The applicants state and submit that looking to the FIR in question it reveals that names of the present applicants are not mentioned in the FIR in question and the applicants are not involved in commission of these offences directly or indirectly.
The applicants state and submit that the applicants are implicated in this FIR and arrested only on doubt and the applicants have not committed any offence and the applicants have not thrown chemical in the Canal as stated in the FIR in question and from applicants, no muddamal regarding chemicals were collected or seized from the applicants and the applicants are not aware regarding the same.
The applicants state and submit that the Investigating Officer has sought remand of the applicants which came to be granted and the said remand period is now over and therefore it is submitted that the presence of the applicants are not required for further investigation and therefore also the applicants are required to be released on regular bail. It is submitted that during the remand period the Investigating Officer has collected all the evidences and therefore also custody of the present applicants are not required.
The applicants state and submit that from bare perusal of the FIR in question, it reveals that except Section 110, all other Sections of Bharatiya Nyaya Sanhita, 2023 are bailable and triable by Magistrate of First Class whereas Section 110 of Bharatiya Nyaya Sanhita, 2023 pertains to attempt to culpable homicide wherein the imprisonment is provided for three years or fine or both and the said offence is cognizable, non bailable and triable by Court of Sessions. It is submitted that it is not the case of the prosecution that such alleged act has caused hurt to any person and therefore it is submitted that the second part of Section 110 is not applicable in the present case and therefore it is submitted that the maximum punishment provided for offence under Section 110 Part 1 is up to three years and therefore looking to the allegations made in the FIR in question, the applicants are required to be released on regular bail. Moreover, it is submitted that Section 15 of Environment Protection Act, 1986 provides for penalty for contravention of the provisions of the Act and the Rules, Orders and direction wherein the imprisonment is provided for a term which may extend to five years or with fine which may extend to One Lakh Rupees or with both, etc. It is submitted that Section 19 of the Environment Protection Act, 1986 provides for cognizance of offences whereby it is provided that no Court shall take cognizance of any offence under this Act except on a complaint made by (a) the Central Government or any Authority or Officer authorized in this behalf by that Government or (b) any person who has given notice of not less than 60, days in the manner prescribed, of the alleged offence and of his intention to make the complaint, to the Central Government or the Authority or Officer authorized as aforesaid. It is submitted that perusal of Section 19 Environment Protection Act, 1986 refers the word “Complaint and not FIR”. It is submitted that Section 2(h) of the Bharatiya Nagarik Suraksha Sanhita, 2023 defines the word “Complaint” as under:
“Complaint” means any allegations made orally or in writing to a Magistrate, with a view to his taking action under this Sanhita that some persons, whether known or unknown, has committed offence, but does not include a Police Report.
Explanation – A report made by Police Officer in a case which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint; and the Police Officer by whom such report is made shall be deemed to be the complainant.
It is submitted that perusal of Section 2(h) of Bharatiya Nagarik Suraksha Sanhita, 2023 reveals that cognizance of the alleged offences under Section 15 of the Environment Protection Act, 1986 cannot be taken, except on a complaint made orally or in writing to a Magistrate and therefore, the lodgement of the FIR under Section 15 of the Environment Protection Act, 1986 is itself not permitted in law and therefore also the applicants are required to be released on regular bail.
The applicants state and submit that Trial Court ought to have considered the fact that the applicants have played no role or any active role in the alleged commission of offences and therefore they are required to be released on regular bail.
The applicants state and submit that the applicants are having no criminal history and they have been arrested by the Police only on the basis of doubt and they have not committed any offence regarding the chemical waste. It is submitted that no muddamal have been recovered from the applicants and the cause of death of fishes is not clear.
The applicants state and submit that the applicants are serving in Company and it is alleged that the applicants had disposed of the chemical waste for three times during the period without following the guidelines of CPCB and due to some fishes of the Canal died and the act of the applicants is going to affect the health of the public at large. It is submitted that it is the case of the prosecution that the water of the Canal was stopped by the concerned authority and due to that the public at large were not affected by the hazardous chemical and therefore it is submitted that even as per the prosecution case no harm is caused to public at large and therefore also looking to the gravity of offence alleged against the present applicants, the applicants are required to be released on regular bail.
The applicants state and submit that Trial Court ought to have considered the fact that looking to the overall facts and circumstances of the present case, further detention of the applicants in the custody are not required.
The applicants state and submit that the Court below has committed grave error in observing that the applicants are involved in the crime and therefore the applicants are not entitled for bail.
The applicants state and submit that there is no direct evidence against the present applicants regarding any role played by the present applicants in the aforesaid crime and therefore also present applicants are required to be released on regular bail.
The applicants state and submit that the looking to the age of the applicants, the present applicants are required to be released on regular bail.
The applicants state and submit that the applicants are residents of District and are doing services and the applicants are earning members of their respective families and they are at present in the judicial custody and therefore if the applicants are not enlarged on bail then their respective entire family will suffer and since the applicants are the bread earner for their respective family and therefore also they are entitled to be released on regular bail.
The applicants state and submit that the applicants will not tamper the evidence and therefore the applicants are required to be released on bail by this Hon’ble Court.
That the applicants have deep root at the aforesaid address as shown in the cause title of this application and therefore, they are not likely to abscond.
That the applicants are not likely to tamper with the witnesses or hamper the course of justice.
That the applicants are ready and willing to co-operate with the investigation.
That the applicants will make themselves available for interrogation by the police officer as and when they are directed to do so.
That the applicants will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer.
That the applicants are prepared to abide by any terms and conditions which this Hon’ble Court may impose upon them.
The applicants respectfully submit that looking to the allegations levelled against the applicants in FIR, these allegations are only on presumptions and assumptions and therefore the applicants are required to be released on regular bail.
The applicants have not filed any other application for the subject matter of this application before this Hon’ble Court or any other Court or before the Hon’ble Supreme Court of India.
The applicant craves leave to add, amend, alter, delete, rescind any of the paragraphs of this application, as and when required necessary in the interest of justice.
The applicant most humbly prays that:
A. YOUR LORDSHIPS may be pleased to admit and allow the present application.
B. YOUR LORDSHIPS may be pleased to release the applicants on Regular Bail in connection with FIR registered before Police Station, under Sections 279, 324(2), 110, 286, 326(B) and 54 of Bharatiya Nyaya Sanhita, 2023 and under Section 15 of the Environment Protection Act and further be pleased to quash and set aside the order passed in by the Hon’ble Additional Sessions Judge.
C. Since the applicants are in jail, filing of the affidavit may kindly be dispensed with.
And to pass such other and further orders as may be deemed just and proper.
AND FOR THIS ACT OF KINDNESS AND JUSTICE THE APPLICANT AS IN DUTY BOUND SHALL FOREVER PRAY.