Anticipatory bail application under section 438 CrPC with index
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IN THE COURT OF DISTRICT & SESSION JUDGE, SAKET COURT COMPLEX, SAKET COURTS, NEW DELHI.
BAIL APPLICATION NO. Bail application number/Year
IN THE MATTER OF:
Applicant's name: APPLICANT/ACCUSED
Versus
State: RESPONDENT
FIR No. FIR number
Police Station: Police station
Under Sections: 323/354(D)/498A/509/506/34 of IPC
Section 10 of the POCSO Act
APPLICATION UNDER SECTION 438 OF THE CODE OF CRIMINAL PROCEDURE ON BEHALF OF THE APPLICANT/ACCUSED, NAMELY Applicant's name, FOR GRANT OF 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1.That the previous bail application filed by the applicant was withdrawn on Date of withdrawal of previous bail application.Month of withdrawal of previous bail application.Year, as the counsel for the complainant submitted before the learned Sessions 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 learned Metropolitan Magistrate. 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, permanently resident at Applicant's permanent address, and she believes in and has full faith in the Courts of law and justice.
3.That the applicant is an aged person, about Applicant's age years of age, and is suffering from serious ailments; his liver is completely damaged and he is undergoing the process of a liver transplant. He is blessed with a son, namely Applicant's son's name, and he is the father-in-law of the complainant.
4.That approximately Years since marriage years ago, in the year 200X, the marriage of his son and the complainant was solemnised. Out of this wedlock, two children were born — a daughter, namely Granddaughter's name Applicant's family surname, aged about Granddaughter's age years, and a son, namely Grandson's name Applicant's family surname, aged about Grandson's age years.
5.That FIR No. FIR number, Police Station Police station, has been registered against the applicant on false and fabricated contents and allegations. It is pertinent to mention 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.
6.That no dispute has 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 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 small cut on her wrist in order to give substance to the lodging of the present false case.
7.That it is pertinent to mention that, two days prior to the lodging of the present FIR on Date of lodging of FIR.Month of lodging of FIR.Year, the son of the applicant, namely Applicant's 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 for hearing on Date of kalandara hearing.Month of kalandara hearing.Year before the learned Court of the Magistrate handling the kalandara.
8.That it is further pertinent to mention that no CAW complaint was ever lodged, no counselling was ever 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, on the night of Date of phone call about conspiracy.Month of phone call about conspiracy.Year, 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 his family members in false and fabricated criminal cases and accusations. Therefore, on Date of email complaints.Month of email complaints.Year, at about Time of email complaints PM, the son of the applicant sent a written complaint by e-mail to the Hon'ble Lieutenant Governor 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.
10.That, in the night of Date of complaint to SHO.Month of complaint to SHO.Year at Hour of complaint to SHO:Minute of complaint to SHO AM, the son of the applicant, namely Applicant's son's name, made a written complaint to the SHO of Police Station Police station against the complainant and others, and the same was registered there vide DD No. DD number of the complaint registered at the police station.
11.That in the evening of Date of first incident of beatings.Month of first incident of beatings.Year and in the night of Date of second incident of beatings.Month of second incident of beatings.Year, the wife and son of the applicant were subjected to beatings by the complainant and her family members. They were treated at Name of the hospital where the MLC was prepared, where the MLC was also 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 further very important to mention that, in the night of Date of removal of articles from house, 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; the same amounts to dacoity, and video recording of the same was made by the investigating officer, namely Investigation officer's first name Investigation officer's surname.
13.That the applicant has neat and clean antecedents, and no criminal case is pending against him except the present one. The applicant is a permanent resident of the above-mentioned address, and there is no chance of his absconding from the course of justice.
14.That the applicant undertakes to remain present before the police/Hon'ble Court as and when directed.
15.That the applicant undertakes not to hamper the investigation or the trial, and he is ready to furnish bail bonds to the satisfaction of this Hon'ble Court, with sound and reliable sureties.
16.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.Allow the present application and grant anticipatory bail to the applicant in FIR No. FIR number, Police Station Police station, in the interest of justice.
ii. Grant interim bail to the applicant in FIR No. FIR number, Police Station Police station, 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, Police Station Police station, for the release of the applicant on bail in the event of his arrest, in the interest of justice.
iv. Pass any other order/orders which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.
PLACE: DelhiAPPLICANT
DATE:THROUGH COUNSEL
(Counsel's name & ASSOCIATES)
Office No.: Counsel's office number
Mobile No.: Counsel's mobile number
INDEX
| S.N. | Particulars | Page No. |
|---|---|---|
| 1. | Application under Section 438 Cr.P.C. for grant of Anticipatory Bail in FIR No. FIR number, Police Station Police station. |
| 2. | Copy of FIR No. FIR number, Police Station Police station. |
| 3. | Copy of complaint to the SHO made in the night of Date of complaint to SHO.Month of complaint to SHO.Year, registered with Police Station Police station as DD No. DD number of the complaint registered at the police station. |
| 4. | Identity Card/Aadhaar Card of the applicant. |
| 5. | Vakalatnama. |
DELHIAPPLICANT
DATETHROUGH
COUNSEL
(Counsel's name & ASSOCIATES)
Office No.: Counsel's office number