Anticipatory bail application under Section 438 CrPC in matrimonial and POCSO FIR
Cites the IPC, CrPC or Evidence Act. For matters from 1 July 2024, use the BNS, BNSS or BSA.
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Court and venue heading
ANTICIPATORY BAIL APPLICATION NO. Anticipatory bail application number/Year
IN THE MATTER OF:
Applicant's name: APPLICANT
VersusState
FIR No. FIR number/Year
PS: Police station
U/S: 323/354(D)/498A/509/506/34 of IPC
Section 10 of POCSO Act
INDEX
| S.N. | Particulars | Page No. |
|---|---|---|
| 1. | Application under Section 438 of the Cr.P.C. for seeking anticipatory bail in FIR No. FIR number (index)/FIR year, PS: Police station (index) |
| 2. | Copy of FIR No. FIR number (FIR copy)/FIR year, PS: Police station (FIR copy) |
| 3. | Copy of complaint made to the SHO in the night of Date of complaint to SHO (day)/Date of complaint to SHO (month).Complaint to SHO annexure marking.Year of complaint, registered with PS: Police station (complaint) |
| 4. | Documents, i.e., complaints made to the police, the Supreme Court, higher officials, etc. |
| 5. | Vakalatnama |
DELHIAPPLICANT
DATETHROUGH
COUNSEL
(Counsel's name & ASSOCIATES)
Office No.: Counsel's office number
Mobile No.: Counsel's mobile number
Court and venue heading
ANTICIPATORY BAIL APPLICATION NO. Anticipatory bail application number (application)/Year
IN THE MATTER OF:
Applicant's name (application): APPLICANT
VersusState
FIR No. FIR number (application)/Year
PS: Police station (application)
U/S: 323/354(D)/498A/509/506/34 of IPC &
Section 10 of POCSO Act
APPLICATION UNDER SECTION 438 OF THE CR.P.C. ON BEHALF OF THE APPLICANT/ACCUSED, NAMELY Applicant/accused's name, FOR SEEKING ANTICIPATORY BAIL.
MOST RESPECTFULLY SHOWETH:-
1.That the applicant is Applicant's age years of age, a law-abiding and peace-loving citizen of India, and a permanent resident of Applicant's permanent address, and reposes full faith and confidence in the courts of law and justice.
2.That there was no dispute during the last Duration of marriage in years years of the marriage, and the complainant and the applicant had been living separately up to the date of filing of the police complaint.
3.That approximately Duration of marriage in years years ago, in the year Year of marriage, the marriage of the applicant was solemnised, and out of the said wedlock two children were born — one daughter and one son, namely Daughter's name, aged about Daughter's age years, and Son's name, aged about Son's age years, respectively.
4.That FIR No. FIR number (grounds)/FIR year, PS: Police station (grounds), was registered against the applicant, containing false and fabricated content and allegations. It is pertinent to mention here that all the sections invoked in the present FIR are bailable in nature, except Section 498A of the IPC. It is further submitted that the applicant has been falsely implicated in this false and frivolous case. Subsequently, Days after FIR when Section 164 statement was recorded days after the registration of the FIR, the statement of the complainant under Section 164 Cr.P.C. was recorded, wherein fresh allegations were levelled by the complainant, and thereafter Section 10 of the POCSO Act was added at a later stage by the Investigating Officer of the case.
5.That on Date of interim protection order (day).Date of interim protection order (month).Year of interim protection order, Hon'ble Sh. Name of ASJ granting interim protection, Ld. ASJ, Saket Courts, Delhi, was pleased to grant interim protection from arrest to the other co-accused persons of this case.
6.That no dispute ever occurred between the parties; therefore, no complaint or FIR was ever lodged against the applicant by the complainant prior to the present false and frivolous case, regarding any cruelty, beatings, demand of dowry, etc. It is further pertinent to bring to the kind notice of this Hon'ble Court that the present criminal case is an attempt to falsely implicate the applicant and his 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 inflicted a slight cut on her wrist in order to give substance to the present false case.
7.That it is pertinent to mention here that, Days before FIR when Kalandara was registered days prior to the lodging of the present FIR, the applicant was booked in a Kalandara under Sections 107/151 of the Cr.P.C. on the same false allegations as contained in the present FIR, which is pending for Kalandara hearing date (day).Kalandara hearing date (month).Year of Kalandara hearing before the Ld. Court/designation before which Kalandara is pending.
8.That it is also pertinent to mention here that no CAW complaint was ever lodged, no counselling was ever conducted, and no efforts were ever made for a settlement between the parties prior to the lodging of the present false FIR.
9.That it is of utmost importance to bring to the kind notice of this Hon'ble Court that, in the night of Date of information of conspiracy (day).Date of information of conspiracy (month).Year of information of conspiracy, the applicant received information that the complainant, along with her family members and others, was hatching a criminal conspiracy to falsely implicate the applicant and his parents in false and fabricated criminal cases and accusations. Consequently, on Date of email complaint (day).Date of email complaint (month).Year of email complaint, at about Time of email complaint, the applicant sent a written complaint to the Hon'ble Lieutenant Governor of the State of Delhi, 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 respective e-mail addresses, by e-mail.
10.That, further, in the intervening night of Date of complaint to SHO colony (day).Date of complaint to SHO colony (month).Year of complaint to SHO, at Time of complaint (hour):Time of complaint (minute) AM, the applicant made a written complaint to the SHO of PS: Police station colony name against the complainant and others, and the same was registered there vide DD No. DD number.
11.That in the evening of Date of first beating incident (day).Date of first beating incident (month).Year of first beating incident, and again in the intervening night of Date of second beating incident (day).Date of second beating incident (month).Year of second beating incident, beatings were inflicted upon the applicant and his mother by the complainant herself, along with her family members. Treatment was availed at Hospital name and the MLC was prepared. 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 of importance to mention here that, in the night of Date of removal of articles, the complainant and her family members deceitfully removed the entire household articles, including the gold articles, together with the belongings of the applicant, from the house of the applicant, in the presence of the Investigating Officer, and the same was treated as a dacoity. A video recording of the said incident was made by the Investigating Officer, namely Investigation officer's name.
13.That it is also pertinent to mention here that no demand of dowry was ever made by the applicant or his family members, and, accordingly, no allegations in that regard find mention in the FIR.
14.That the applicant has clean antecedents, and no criminal case is pending against him except the present one.
15.That the applicant is a permanent resident of the above-mentioned address, and there is no likelihood of his absconding from the course of justice.
16.That the applicant undertakes to present himself before the police/court as and when directed.
17.That the applicant undertakes not to hamper the investigation or the trial, and is ready to furnish bail bonds with sound surety to the satisfaction of this Hon'ble Court.
18.That no other anticipatory bail application, on the same or similar grounds, 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.allow the present application and grant anticipatory bail to the applicant in FIR No. FIR number (prayer i)/FIR year (prayer i), PS: Police station (prayer i), in the interest of justice.
ii.grant interim bail to the applicant/accused in FIR No. FIR number (prayer ii)/FIR year, PS: Police station (prayer ii), 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 (prayer iii), to release the applicant/accused on bail in the event of his arrest, in the interest of justice.
Pass any other order/orders which this Hon'ble Court may deem fit and proper in the facts and circumstances of this case, may also be passed.
DELHIAPPLICANT/ACCUSED
DATETHROUGH
COUNSEL
(Counsel's name (signature block) & ASSOCIATES)
Office: Counsel's office address (signature block),
Mob. No.: Counsel's mobile number (signature block)