Anticipatory bail application under section 438 CrPC in FIR under sections 323/354(D)/498A/509/506/34 IPC
Cites the IPC, CrPC or Evidence Act. For matters from 1 July 2024, use the BNS, BNSS or BSA.
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IN THE MATTER OF:
Applicant's nameVs State
FIR No. FIR number
PS: Police station
U/S: 323/354(D)/498A/509/506/34 of IPC
INDEX
| S.N. | Particulars | Page No. |
|---|---|---|
| 1. | Application under section 438 of Cr.P.C. for seeking anticipatory bail in FIR No. FIR number, PS: Police station. |
| 2. | Copy of FIR No. FIR number, PS: Police station. |
| 3. | Copy of complaint to the SHO made in the night of Date of complaint to SHO (day)/Date of complaint to SHO (month).Date of complaint to SHO (year), registered with PS: Police station as DD No. Dd number. |
| 4. | Identity Card / Aadhaar Card of the applicant. |
| 5. | Vakalatnama. |
DELHIAPPLICANT
DATETHROUGH
COUNSEL
(Counsel's name & ASSOCIATES)
Office No.: Counsel's office number
IN THE COURT OF DISTRICT & SESSION JUDGE, SAKET COURT COMPLEX, SAKET COURTS, NEW DELHI.
ANTICIPATORY BAIL APPLICATION No. Anticipatory bail application number/Year of anticipatory bail application
IN THE MATTER OF:
Applicant's nameVs State
FIR No. FIR number
PS: Police station
U/S: 323/354(D)/498A/509/506/34 of IPC
Section 10 of POCSO Act
APPLICATION UNDER SECTION 438 OF Cr.P.C. ON BEHALF OF THE APPLICANT/ACCUSED, NAMELY Applicant's name, FOR SEEKING ANTICIPATORY BAIL.
MOST RESPECTFULLY SHOWETH:-
1.That the previous bail application filed by the applicant was withdrawn on Date of withdrawal of previous bail application (day), since the counsel for the complainant submitted before the Session Court that Section 10 of the POCSO Act had been added to the FIR after the statement of the complainant was recorded under Section 164 Cr.P.C. before the M.M.; the applicant is, therefore, filing the present fresh application in the above-mentioned matter.
2.That the applicant is a law-abiding and peace-loving citizen of India and a permanent resident of Applicant's permanent residence (locality), Applicant's permanent residence (city/state), and she believes in and has full faith in the Courts of law and justice.
3.That the applicant is a simple housewife, aged about Applicant's age years, blessed with a son namely Son's name, and she is the mother-in-law of the complainant.
4.That about Number of years since marriage years ago, the marriage of her son, namely Son's name, with the complainant was solemnised, and out of this wedlock two children were born — a daughter, namely Granddaughter's name, aged about Granddaughter's age years, and a son, namely Grandson's name, aged about Grandsons age years respectively.
5.That FIR No. FIR number, PS: Police station (colony) Colony, was registered against the applicant and her family members on the basis of false and fabricated content and allegations. It is important to mention here that all the sections invoked in the present case are bailable in nature, except Section 498A of the IPC. It is further submitted that the applicant/accused has been falsely implicated in this false and frivolous case.
6.That no dispute ever occurred with the complainant; therefore, no complaint or FIR was ever lodged against the applicant by the complainant prior to this false and frivolous case regarding any cruelty, beatings or demand of dowry, etc. It is respectfully brought to the kind notice of this Hon'ble Court that the present criminal case is an attempt to falsely implicate the applicant and her family members in false criminal cases and accusations, as part of a pre-hatched criminal conspiracy of the complainant and her family members, and that the complainant herself made a small cut on her wrist in order to give substance to the present false case.
7.That it is pertinent to mention here that, two days prior to the lodging of the present FIR, the son of the applicant, namely Son's name, was booked in a kalandara under Sections 107/151 of Cr.P.C. on the same false allegations as contained in the present FIR, which is pending since Date kalandara pending (day).Date kalandara pending (month) before the Ld. SEM, Court of Ld. SEM.
8.That it is also pertinent to mention here that no CAW complaint was ever lodged, no counselling was conducted, and no efforts were made for settlement between the parties prior to the lodging of the present false FIR.
9.That it is very important to bring to the kind notice of this Hon'ble Court that in the night of Date of information to son, the son of the applicant received information that the complainant, along with her family members and others, had hatched a criminal conspiracy to falsely implicate the applicant and her family members in false and fabricated criminal cases and accusations. Therefore, on Date of email complaint (day).Date of email complaint (month), at about Time of email complaint, the son of the applicant sent a written complaint to the Hon'ble LG of Delhi State, the Commissioner of Police, Delhi, the Registrar General of the Hon'ble Supreme Court of India, and the Registrar of the Hon'ble High Court of Delhi at their e-mail addresses, by e-mail.
10.That, likewise, in the night of Date of written complaint to SHO (day)/Date of written complaint to SHO (month).Date of written complaint to SHO (year) at Time of written complaint (hour):Time of written complaint (minutes), the son of the applicant, namely Son's name, made a written complaint to the SHO of PS: Police station (colony) Colony against the complainant and others; the same was registered there as DD No. Dd number.
11.That in the evening of Date of beating incident (day).Date of beating incident (month) and in the night of Date of beating at night (day)/Date of beating at night (month).Date of beating at night (year), beatings were given to her and to the son of the applicant by the complainant herself, along with her family members. Treatment was availed at the Hospital name and the MLC was also prepared there. It is further submitted that the entire incident was recorded in CCTV footage, and the same can be produced before this Hon'ble Court.
12.That it is also very important to mention here that, in the night of Date articles taken away (day)/Date articles taken away (month).Date articles taken away (year), the entire articles, including gold articles, along with the belongings of the applicant, were taken away by the complainant and her family members from the house of the applicant in the presence of the investigating officer, in a deceitful manner, and the same was treated as a dacoity; video recording of the same was made by the investigating officer, namely Investigation officer's name.
13.That it is also important to mention here that no dowry demand or stalking was ever made by the applicant and her family members; therefore, the allegations regarding the same are absent from the FIR.
14.That the applicant has a neat and clean antecedent, and there is no criminal case pending against her except the present one.
15.That the applicant is a permanent resident of the above-mentioned address, and there are no chances of her absconding from the course of justice.
16.That the applicant undertakes to present herself before the police/court as and when directed.
17.That the applicant undertakes not to hamper the bail proceedings, and she is ready to furnish bail bonds with sound surety to the satisfaction of this Hon'ble Court.
18.That no other such or similar anticipatory bail application is pending before this Hon'ble Court or before any other Court of law.
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to:-
i.pass an order allowing this application and granting anticipatory bail to the applicant in FIR No. FIR number, PS: Police station (colony) Colony, in the interest of justice;
ii.pass an order granting interim bail to the applicant in FIR No. FIR number, PS: Police station (colony) Colony, till the final disposal of the present bail application, in the interest of justice;
iii.pass an appropriate order/direction to the I.O./SHO, P.S. Police station (colony) Colony, for the release of the applicant on bail in the event of her arrest, in the interest of justice.
Any other order/orders which this Hon'ble Court may deem fit and proper, on the facts and circumstances of the present case, may also kindly be passed.
-----===NEW BLANKS===
dd_number | DD number of the complaint registered at the police station
grandsons_age | Grandson's age
date_of_information_to_son | Date on which the applicant's son received information of the conspiracy
time_of_email_complaint | Time of sending the e-mail complaint
hospital_name | Hospital where treatment was availed and MLC prepared
DELHIAPPLICANT/ACCUSED
DATETHROUGH
COUNSEL
(Counsel's name & ASSOCIATES)
Office: Counsel's office address
Mob No.: Counsel's mobile number