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

BAIL APPLICATION NO…….  /20XX

IN THE MATTER OF:

XXXXXXXXXXX                                Vs                     State

                                                                          FIR  No. ________

                                                                             PS: ______________

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

  Section 10 of the POSCO Act

APPLICATION UNDER SECTION 438 OF CR.P.C ON BEHALF OF APPLICANT/ACCUSED NAMELY DHARAMVEER SHARMA 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   That the previous bail application filed by the applicant was withdrawn on XX.XX.20XX, since the counsel for the complainant submitted before the Session Court that Section 10 of POSCO Act was added in the FIR after the statement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 _______________ and she believes and has very much faith in the Courts of law & justice.

3.   That applicant is an old man, aged about XX years, and also suffering very serious ailments such as the lever of the applicant is completely damaged and he is in a process of a lever transplant and he is blessed with a son namely Sunny Sharma and he is the father-in-law of the complainant.

4.   That almost XX years ago, in the year 200X, the marriage of his son and the complainant has solemnized and out of this wedlock two children were born one daughter and one son namely XXXXX Sharma aged about XX years, and XXXXX Sharma aged about X years respectively.

5.   That an FIR no.___________ 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 the section 498A of IPC and it is also important to submit here that applicant is falsely implicated in this false & 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, and demand of dowry etc. and it is important to bring into 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 into false criminal cases and accusation as a pre-hatched criminal conspiracy of the 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 on XX.XX.20XX, the son of the 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. 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 any 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 son of the 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 XX 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 the applicant namely Sunny Sharma made a written complaint to SHO of PS: ________ 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 his wife and his son by the complainant and her family members, treatment was done in the Holy Family Hospital and MLC was also prepared from there 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 in 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 Lal.

13.   That the applicant has neat and clean antecedents and there is no criminal case pending against him except the present one and the applicant is a permanent resident of the above-mentioned address and there are no chances of his absconding from the course of justice.

14.   That the applicant undertakes to remain present herself before the police/Hon’ble Court as and when directed.

15.   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.

16.   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.218/2018 PS: XXXX in the interest of justice.

ii.   Pass an order to grant interim bail to the applicant in FIR No. _______ 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. _________ 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 deem fit and proper on the facts and circumstances of this case may also be passed.

DELHI                                                                      APPLICANT

DATE:                     THROUGH

                             COUNSEL

                    (XXXXX& ASSOCIATES)

                              Office No. XXXXX

                               Mob No.: XXXXX

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