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

BAIL APPLICATION NO……./20XX

IN THE MATTER OF:

XXXXXXXXX                             Vs                     State

                                                                          FIR  No. _______

                                                                            PS: _____________

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

INDEX

DELHI                                                           APPLICANT

DATE:                      THROUGH

                    COUNSEL

              (XXXX & ASSOCIATES)

                   Office No.-XXXXXX

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

ANTICIPATORY BAIL APPLICATION NO……./20XX

IN THE MATTER OF:

XXXXXXX                         Vs                     State

                                                                          FIR  No. _________

                                                                             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 XXXXXXXXXXX FOR SEEKING ANTICIPATORY BAIL.

MOST RESPECTFULLY SHOWETH:-

1.   That the previous bail application filed by the applicant was withdrawn on XX.XX.20XX, since the counsel for the complainant submitted before the Session Court that Section 10 of Pocso Act added in the FIR after the statement of complainant recorded U/s 164 Cr.P.C before M.M and therefore, the applicant filing a fresh application in the above-mentioned matter. 

2.   That the applicant is a law abiding and peace loving citizen of India and permanent resident of  XXX XXXXX and she believe and having a very much faith in the Courts of law & justice.

3.   That the applicant is a very simple house lady, having aged about XX years, blessed with a son namely XXXX Sharma and she is the mother-in-law of the complainant.

4.   That almost XX years ago, in the year of 20XX, a marriage of her son namely Sunny Sharma and the complainant has solemnized and out of this wedlock two children were born one daughter and one son namely XXXX Sharma aged about XX years and XXXXX Sharma aged about X years respectively.

5.   That an FIR no.___________ PS: ________ Colony was registered against the applicant and her family members 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 the section 498A of IPC and it is also important to submit here that applicant/accused is falsely implicated in this false & 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, 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 a 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 to lodging the present FIR, son of applicant namely Sunny Sharma 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. SEM, XXXXXX.

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 of lodging the present false FIR.

9.   That it is very important to bring into the kind notice of this Hon’ble Court that in the night of 16.08.2018, son of applicant got information that the complainant along with her family members & Ors hatched a criminal conspiracy to falsely implicate the applicant and his family members into false and fabricated criminal cases and accusations therefore, on XX.XX.20XX, at about X PM, son of 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 night of XX/XX.XX.20XX at XX:XX AM son of applicant namely Sunny Sharma made a written complaint to SHO of PS: XXXXXX Colony against the complainant & Ors, same is registered there as vide DD No. 2A.

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

12.   That it is also very important to mention here that in the night of XX/XX.XX.20XX, entire articles including gold articles along with our belongings were taken by the complainant and her family members from the house of applicant in the presence of investigation officer in deceitful manner and the same treated as dacoity and video recordings of the same was done by investigation officer namely XXXXXX Lal.

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

14.   That the applicant has neat and clean antecedents 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 his 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 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/20XX PS: XXXXXX Colony in the interest of justice.

ii.           Pass an order to grant interim bail to the applicant in FIR No. XX/20XX PS: XXXXXX 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. XXXXX Colony for release the applicant on bail in the event of his arrest in the interest of justice.

Pass any other order/orders which this Hon’ble Court may be deem fit and proper on the facts and circumstances of this case may also be passed.

DELHI                                                                                                                                                           APPLICANT/ACCUSED

DATE:                 THROUGH

                      COUNSEL

            (XXXXX & ASSOCIATES)

                    Office: XXXXXX
                Mob No.: XXXXXXXXX