IN THE COURT OF DISTRICT & SESSION JUDGE, SAKET COURT COMPLEX, SAKET COURTS, NEW DELHI.

ANTICIPATORY BAIL APPLICATION NO……./20XX

IN THE MATTER OF:

XXXXXXXXXXX                                Vs                     State

                                                                                      FIR  No. XXX/20XX

                                                                             PS:  _________

                                                                                     U/S: 323/354(D)/498A/509/506/34 of IPC

                                                                                Section 10 of POCSO Act   

                                  INDEX

DELHI:                                                                APPLICANT

DATE:                      THROUGH

              COUNSEL

      (XXXXXXXX& ASSOCIATES)

             Office No. – XXXXX

         Mob No.: XXXXXXXXX

IN THE COURT OF DISTRICT & SESSION JUDGE, SAKET COURT COMPLEX, SAKET COURTS, NEW DELHI.

ANTICIPATORY BAIL APPLICATION NO……  /20XX

IN THE MATTER OF:

XXXXXXXXXXX                                Vs                     State

                                                                          FIR No. XXX

                                                                            PS: __________

                                 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 APPLICANT/ACCUSED NAMELY XXXXXXXXXXXXXXXXX FOR SEEKING ANTICIPATORY BAIL.

MOST RESPECTFULLY SHOWETH:-

1.   That the applicant is XX years old, a law-abiding and peace-loving citizen of India, and a permanent resident of __________________ and they believe and have very much faith in the Courts of law & justice.

2.   That no dispute from the last 11 years of marriage and there was a separation between complainant and applicant till the date of filing the police complaint.

3.   That almost 11 years ago, in the year of 200X, a marriage of the applicant and out of this wedlock two children were born one daughter and one son namely XXXXX aged about XX years, and XX aged about XX years respectively.

4.   That an FIR no. ___/20XX PS: ___________ was registered against the applicant contained false and fabricated content and allegations and it is important to mention here that all the sections of the present are bailable in nature except section 498A of IPC and it is also important or submits here that applicant is falsely implicated in this false & frivolous case and subsequently after 7 days from the date of FIR, the statement U/s 164 Cr.P.C of the complainant was recorded and new allegations were imputed by the complainant and thereafter Section 10 of POCSO was added in a later stage by I.O of the case.

5.   That on XX.XX.20XX, Hon’ble Sh. XXXX, Ld. ASJ, Saket Court, Delhi has pleased to grant interim protection of arrest to the other co-accused persons of this case.   

6.   That no dispute has ever occurred between them 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, and demand of dowry, etc. and it is important to bring into kind notice of this Hon’ble Court that the present criminal case is an attempt to falsely implicate the applicant and his family members into false criminal cases and accusation as pre-hatched criminal conspiracy of complainant and his family members and she herself mark a little cut on her wrist to give substance to lodge the present false case. 

7.   That it is pertinent to mention here that 2 days prior of lodging the present FIR, the applicant was booked in a Kalandara U/s 107/151 of Cr.P.C on the same false allegation as contained in the present FIR which is pending for XX.XX.20XX before Ld. _________.

8.   That it is also pertinent to mention here that there is no CAW complaint was ever lodged, no counseling was done, and also not made efforts for settlement between the parties prior to lodging 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 XX.XX.20XX, the applicant got information that the complainant along with her family members & Ors were hatching a criminal conspiracy to falsely implicate the applicant and his parents into false and fabricated criminal cases and accusations therefore, on XX.XX.20XX, at about 8 PM, applicant sent a written complaint to Hon’ble LG of Delhi State, Commissioner of Police of Delhi, Registrar General Hon’ble Supreme Court of India and Registrar of Hon’ble High Court of Delhi on their e-mail addresses through E-mail.       

10.       That also in the intervening night of XX.XX.20XX at XX: XX AM applicant made a written complaint to SHO of PS: XXXXX Colony against the complainant & Ors, same is registered there as vide DD No. X.

11.       That in the evening of XX.XX.20XX and in the intervening night of XX.XX.20XX beatings were given to the applicant and his mother by the complainant herself along with her family members, treatment was also done in the Holy Family Hospital and MLC was prepared and it is also submitted here that the entire incident was recorded in the CCTV footage same can be produced before this Hon’ble Court.

12.       That it is also very important to mention here that on the night of XXXX, entire articles including gold articles along with our belongings were taken by the complainant and her family members from the house of an applicant in the presence of the investigation officer in a deceitful manner and the same treated as dacoity and video recordings of the same was done by investigation officer namely XXXX.

13.       That it is also important to mention here that dowry demands were never made out by the applicant and his family members therefore, allegations regarding the same are missing from the FIR.   

14.       That the applicant has neat and clean antecedents and there is no criminal case pending against him except the present one.

15.       That the applicant is a permanent resident of the above-mentioned address and there are no chances 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 bail and he is ready to furnish the bail bonds of sound surety for the satisfaction of the Hon’ble Court.

18.       That no other such or similar anticipatory bail application is pending before this Hon’ble Court or before any other Courts of law.

PRAYER

It is, therefore most respectfully prayed that this Hon’ble Court may kindly be pleased to:-

i.             Pass an order to allow this application and grant anticipatory bail to the applicant in FIR no. XX/XXXX PS: _________ in the interest of justice.

ii.           Pass an order to grant interim bail to the applicant/accused in FIR No. XXXX PS: ________ 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. _______ 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 on the facts and circumstances of this case may also be passed.

DELHI :                                                                                                                                                           APPLICANT/ACCUSED

DATE:                        THROUGH

                  COUNSEL

         (XXXXXXXXX& ASSOCIATES)

                        Office-XXXXXX,
                 Mob No.: XXXXXXXX