IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI

CRIMINAL JURISDICTION

BAIL APPLICATION NO.______OF XXXX

IN THE MATTER OF:-

XXXXXXXXXXXX                                                         PETITIONER

        VERSUS

THE STATE OF XXXXXXX                                         RESPONDENT

       INDEX

                                                      PETITIONER

                      (IN JUDICIAL CUSTODY)

                                                THROUGH

NEW DELHI                                              

DATED:                                  

                            COUNSEL

                                             XXXXXXXXXX & ASSOCIATES

                                             Office no. XXX, XXX, Delhi-XXXXX

Mob. XXXXXXXXXXX

Email- xxxxxxxxx@yahoo.in

IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI

CRIMINAL JURISDICTION

BAIL APPLICATION NO.______OF XXXX

IN THE MATTER OF:-

XXXXXXXXX                                                               PETITIONER

     VERSUS

THE STATE OF XXXX                                                RESPONDENT

                                            COURT FEE

                                                                PETITIONER

                      (IN JUDICIAL CUSTODY)

                                                THROUGH

NEW DELHI                                              

DATED:                                                              

COUNSEL

                                             XXXXXXXXXX & ASSOCIATES

                                             Office no. XXX, XXX, Delhi-XXXXX

Mob. XXXXXXXXXXX

Email- xxxxxxxxx@yahoo.in

IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI

CRIMINAL JURISDICTION

BAIL APPLICATION NO.______OF XXXX

IN THE MATTER OF:-

XXXXXXXXX                                                               PETITIONER

     VERSUS

THE STATE OF XXXX                                                RESPONDENT

To,

THE DEPUTY REGISTRAR,

HIGH COURT OF DELHI,

NEW DELHI.

URGENT PETITION

Sir,

Kindly treat the present petition as an urgent one in accordance with the High Court Rules and orders for the following reason:

“Petition for bail under Section 439 of the Code of Criminal Procedure, 1973 is enclosed.”                                                                                                                                                                

                                                      PETITIONER

                      (IN JUDICIAL CUSTODY)

                                                THROUGH

NEW DELHI                                              

DATED:     

COUNSEL

                                             XXXXXXXXXX & ASSOCIATES

                                             Office no. XXX, XXX, Delhi-XXXXX

Mob. XXXXXXXXXXX

Email- xxxxxxxxx@yahoo.in

IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI

CRIMINAL JURISDICTION

BAIL APPLICATION NO.______OF XXXX

IN THE MATTER OF:-

XXXXXXXXX                                                               PETITIONER

     VERSUS

THE STATE OF XXXX                                                RESPONDENT

NOTICE OF MOTION

To,

The Standing Counsel,

Delhi Police,

State High Court Lawyers Chambers,

XXXXXXXXX,

New Delhi,

Sir,

Enclosed petition in aforesaid matter is being filed on behalf of the Petitioner and is likely to be listed on ______ or any date, thereafter, kindly make it convenient to appear before the Hon’ble Court on such date, to assist on case and dispensation.

                                                      PETITIONER

                      (IN JUDICIAL CUSTODY)

                                                THROUGH

NEW DELHI                                              

DATED:                                                     

COUNSEL

                                             XXXXXXXXXX & ASSOCIATES

                                             Office no. XXX, XXX, Delhi-XXXXX

Mob. XXXXXXXXXXX

Email- xxxxxxxxx@yahoo.in

IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI

CRIMINAL JURISDICTION

BAIL APPLICATION NO.______OF XXXX

IN THE MATTER OF:-

XXXXXXXXX                                                               PETITIONER

     VERSUS

THE STATE OF XXXX                                                RESPONDENT

MEMO OF PARTIES

SH. XXXXXXX

S/o Sh. XXXXXXXXXX

R/o XX/X, XXXXXXX,

XXXXXX, Central Delhi. Delhi 110002           …… PETITIONER    

VERSUS

STATE (GOVT. OF NCT OF DELHI)

Through Public Prosecutor                                 …RESPONDENT                                                                                                            

     PETITIONER

                      (IN JUDICIAL CUSTODY)

                                                THROUGH

NEW DELHI                                              

DATED:                                                              

COUNSEL

                                             XXXXXXXXXX & ASSOCIATES

                                             Office no. XXX, XXX, Delhi-XXXXX

Mob. XXXXXXXXXXX

Email- xxxxxxxxx@yahoo.in

IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI

CRIMINAL JURISDICTION

BAIL APPLICATION NO.______OF XXXX

IN THE MATTER OF:-

XXXXXXXXX                                                               PETITIONER

     VERSUS

THE STATE OF XXXX                                                RESPONDENT

LIST OF DATES AND EVENTS

 XX.XX.XXXX            FIR No. XX/XXXX, PS: XXXXX was lodged on concocted and baseless allegations by the complainant namely XXXX, who is the disciple of original culprit and main conspirator i.e., XXXXXX @ XXXX.

XX.XX.XXXX             First statement U/s 164 of Cr.P.C was recorded before the Ld. MM, Tis Hazari Court, Delhi.

XX.XX.XXXX             XXXXX, Wife of petitioner approached to Hon’ble High Court in a writ for direction to CWC or any other agency to take the custody of victim.

XX.XX.XXXX             Counseling Report of Child Welfare Committee was filed along with order of CWC to the police for taking appropriate action.

XX.XX.XXXX             CWC has issued a notice to SHO/IO of PS: XXXXXXX to take further cognizance into the matter.

XX.XX.XXXX             Subsequent statement of victim child recorded U/s 164 of Cr.P.C before the Ld. MM, THC, Delhi.

XX.XX.XXXX             Co-accused XXXXXXXX was granted bail by Hon’ble High Court of Delhi.

XX.XX.XXXX             Part examination in chief of the victim child was done.

XX.XX.XXXX               Second Part examination in chief of the victim child was done.

XX.XX.XXXX                 Cross Examination of the victim child was done.

XX.XX.XXXX             The petitioner moved the surrender cum bail application before Ld. ASJ, THC and his bail application was dismissed vide order dated- XX.XX.XXXX.

XX.XX.XXXX             The supplementary charge sheet against the petitioner was filed before, Ld. ASJ, Tis Hazari Court.

XX.XX.XXXX             Ld. ASJ, Tis Hazari Court was pleased to decline second bail application of the petitioner/accused.

XX.XX.XXXX             Hence the present bail application is being filed for seeking regular bail before this Hon’ble Court

                                                      PETITIONER

                      (IN JUDICIAL CUSTODY)

                                                THROUGH

NEW DELHI                                              

DATED:                                           

COUNSEL

                                             XXXXXXXXXX & ASSOCIATES

                                             Office no. XXX, XXX, Delhi-XXXXX

Mob. XXXXXXXXXXX

Email- xxxxxxxxx@yahoo.in

IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI

CRIMINAL JURISDICTION

BAIL APPLICATION NO.______OF XXXX

IN THE MATTER OF:-

XXXXXXXXX                                                               PETITIONER

     VERSUS

THE STATE OF XXXX                                                RESPONDENT

FIR No. XXX/XXXX

   P.S: XXXXXXX, Delhi

U/s: 420/468/471/34 IPC

       Accused is in Custody since XX.XX.XXXX

BAIL APPLICATION ON BEHALF OF PETITIONER XXXXX U/S 439 OF Cr.P.C 1973 IN FIR NO:- XXX/XXXX, PS: XXXXX. DELHI

MOST RESPECTFULLY SHOWETH:

1.   That the petitioner/accused is innocent, law abiding and peace-loving citizen, who is aged about 40 years.

2.   That the petitioner has approached before this Hon’ble High Court being aggrieved by the order dated XX.XX.XXXX of Ld. ASJ, Tis Hazari Court, declining the second bail application of the petitioner. The copy of the dismissal order dated XX.XX.XXXX of second bail application is attached herewith as ANNEXURE-A.

3.   That the petitioner has first moved surrender cum bail application on XX.XX.XXXX before Ld. ASJ, Tis Hazari Court, and the same was declined by Ld. ASJ, Tis Hazari Court, thereafter the petitioner moved second bail application before Ld. ASJ, Tis Hazari Court, but the Ld. Judge was again pleased to decline the bail application without taking into consideration the merits of the case. Copy of the dismissal order dated XX.XX.XXXX of surrender cum bail application is attached herewith as ANNEXURE-B.

4.   That it is pertinent to mention here one of the co-accused, XXXXXXX, in the present case had approached this Hon’ble High Court of Delhi for seeking bail and Hon’ble Mr. XXXXXXXXXX was pleased to grant bail order in favor of the co-accused XXXXXXXX in view of the same facts and circumstances as in the present bail application. The copy of the bail order dated XX.XX.XXXX of Hon’ble High Court of Delhi is attached herewith as ANNEXURE-C.

5.   That the petitioner/accused has been falsely implicated in the present case using a little child as a tool and FIR No. XX/XXXX U/s 377/506/34 IPC & Section 6 of POCSO Act, P.S:- XXXXXXX was registered on XX.XX.XXXX against him by the complainant/XXXXXX with the collusion of his Guru Ji Namely XXXXXXX @ XXXXXX (who is original culprit, main conspirator and mastermind of the case). The Copy of the FIR No. XX/XXXX is attached herewith as ANNEXURE-D.

6.   That prior to the registration of the present FIR No. XX/XXXX, XXXXXXX @ XXXXXXX had assaulted the petitioner and his brothers for which the petitioner made the police complaint and registered a FIR No. XXX/XXXX on XX.XX.XXXX, PS:- XXXXXXXX against XXXXXXX @ XXXXX. The copy of the FIR No. XXX/XXXX is attached herewith as ANNEXURE E.

7.   That XXXXXXXX @ XXXXXXXXX had been continuously giving life threat to the petitioner therefore due to life threat the petitioner had to leave Delhi and started living at his village in Bihar therefore he couldn’t have got any knowledge regarding the FIR No. XX/XXXX registered against him by the complainant. But as soon as the petitioner got the information regarding the said FIR No. XX/XXXX, against him, he surrendered himself before Ld. A.S.J, Tis Hazari Court.

8.   That the petitioner moved the surrender cum bail application on XX.XX.XXXX before Ld. ASJ, Tis Hazari Court. That on XX.XX.XXXX, the Ld. Judge was pleased to decline surrender cum bail application on following grounds:

a)   That the petitioner has been declared proclaimed offender in the case.

b)   That one co-accused person namely XXXXXX is yet to be arrested.

c)    That the victim and other witnesses will have to be recalled for their examination.

d)   The charge sheet is yet to be filed against the petitioner/accused and investigations are underway.

9.   That the other co-accused person namely XXXXXXX has surrendered before Ld. ASJ, Tis Hazari Court. Subsequently the investigation was completed and supplementary charge sheet was filed against the petitioner/accused by the investigation officer on XX.XX.XXXX. The copy of the supplementary charge sheet is attached herewith as ANNEXURE-F.

10. That the petitioner/accused has been languishing in the jail since XX.XX.XXXX therefore the petitioner again approached before Ld. ASJ, Tis Hazari Court, with second Bail Application under section 439 Cr.P.C but Ld. ASJ, Tis Hazari Court, was pleased to decline the second bail application on the following grounds without considering the merits of the case:

a)   That the accused could not join the investigation due to life threats from the main accused does not inspire the confidence of the court as the petitioner has not filed any complaint with any authority of whatsoever nature.

b)   That both the statements, recorded u/s 164 Cr.P.C of the victim as well as deposition as PW-2 in the court was recorded during the time when the petitioner was at large and was avoiding the joining of the investigation.

c)    That the testimonies of the victim and other material prosecution witness are required to be recorded again.

11.     That being aggrieved by the dismissal order of the second bail application, the petitioner has approached before this Hon’ble High Court with folded hand in the interest of justice. 

ACTUAL AND TRUE FACT OF THE CASE:-

i.             That after the death of Shree XXXXXXXX Ji, who has been expired on XX.XX.XXXX, the petitioner was chosen as a next Mahant/Sant of Shree XXXXXX Ashram, XXX, located at XXXXXX, New Delhi and since then the said Ashram is being managed by the petitioner.

ii.           That it is important to mention here that one namely XXXXXXX @ XXXXXXX also claimed to be the other Mahant of the same Aashram and complainant XXXXX is disciple of XXXXXXX therefore, XXXXXXX @ XXXXXX with the collusion of complainant hatched a criminal conspiracy to grab the property of above said Aashram, which worth more than Rs. XXX Crores and to become manager of this Aashram consequently, therefore they filed several criminal complaints against the petitioner to falsely implicate him in false and fabricated litigations, which is pending for proper adjudication before the Ld. Trial Courts of law.

iii.          That in the continuity of above mentioned false litigation XXXXXXX @ XXXXXXX with the collusion of his disciple/present complainant/XXXXX brought a child/victim from somewhere and kept/confined in the Aashram for 3-4 months and did unnatural and oral intercourse with him and thereafter to falsely implicate/drag the petitioner in criminal proceedings lodged present false and fabricated FIR on XX.XX.XXXX, vide FIR No. XX/XXXX, PS:- XXXXX against the petitioner and his brothers in a preplanned manner.

iv.          That on very next day XX.XX.XXXX, statement of victim child was recorded U/s 164 of Cr.P.C before Ld. MM, THC, Delhi in which, victim child falsely deposed against the petitioner because he was under life threat from the complainant and original culprit of this case i.e., XXXXXX @ XXXXXX and it is very important to mention here at the time of recording of his statement the victim child was accompanied with XXXXXXX @ XXXXXXX and Complainant. Copy of first statement of victim child recorded U/s 164 Cr.P.C dated XX.XX.XXXX attached herewith as ANNEXURE-G.

v.            That the wife of XXXXXXX/ the petitioner/accused approached the Hon’ble Court of Delhi with the prayer that the custody of victim child should not be handed over to XXXXXXX @ XXXXXXXXX or any of his associates. Directions were issued to CWC and thereafter on XX.XX.XXXX the Hon’ble High Court of Delhi recorded the submission of Ld. Counsel of the Govt. of NCT of Delhi and Child Welfare Committee that the child is in their protection and custody and after the same the counseling of the victim/child has been done.

vi.          That during the counseling the victim child had contradicted his earlier statement made under section 164 Cr.P.C and had stated that in fact it is XXXXXX @ XXXXXX who had sexually assaulted him several times in the Ashram and had threatened him not to utter a single word against him otherwise he would be killed and his hands would be broken. In this regard on XX.XX.XXXX, social worker of the Child Welfare Committee has made a report to the police for taking appropriate action. Thereafter the child was produced before Ld. Tis Hazari Court and another statement under section 164 Cr.P.C was recorded on XX.XX.XXXX. In this statement the child once again reiterated that he was assaulted by accused XXXXX @ XXXXX. Subsequently the main accused i.e., XXXXXXXX @ XXXXX was arrested on XX.XX.XXXX and further child disclosed each and everything truly and gave clean cheat to the petitioner/accused.

12.               GROUNDS AND CONTENTION OF BAIL

i.            That in a writ petition no. W.P (C) XXXX/XXXX filed by the wife of the petitioner, petitioner requested before this Hon’ble Court in respect to the custody of victim child not to hand over to XXXXXXX @ XXXXX who claimed to be his guardian. It is further submitted that on XX.XX.XXXX, this Hon’ble asked to the Child Welfare Committee (CWC), XXXXX to give explanation regarding status of victim child, CWC, XXXXX submitted before this Hon’ble Court that during counseling the victim had stated that his Guruji XXXXXX @ XXXXXX had done wrong acts with him thereafter CWC made its complaint to the concerned police station for taking proper action. Copy of the order of CWC and counseling report dated XX.XX.XXXX is annexed as ANNEXURE-H and copy of the notice to SHO/IO of PS: XXXXX issued by CWC on XX.XX.XXXX is annexed as ANNEXURE-I.

ii.           That thereafter on XX.XX.XXXX in subsequent statement of victim child under section 164 of Cr.P.C, victim child clearly said that petitioner was falsely dragged/implicated in this case on the instance of his Guruji namely XXXXXXX @ XXXXXX and victim child further stated in his statement that his guruji i.e.  XXXXXXX @ XXXXXXX had done unnatural and oral intercourse with him and threatened him not to disclose this fact to anyone otherwise he will kill him. Copy of subsequent statement dated XX.XX.XXXX recorded under section 164 of Cr.P.C is attached herewith as ANNEXURE-J.

iii.          That Ld. ASJ, Tis Hazari Court while declining the bail application was of the view that the petitioner has not filed any complaint with any authority of whatsoever nature with regard to the submission made by him that he could not join the investigation due to life threats from the main accused XXXXXXX. It is submitted that the Ld. Judge erred in considering the averments made by the petitioner that the petitioner has specifically stated in his bail application before Ld. ASJ, that XXXXXXX had earlier tried to kill the petitioner assaulting him badly in a property dispute between the duo and the petitioner made police complaint for the assault committed upon him by XXXXXX vide FIR No. XX.XX.XXXX, PS: XXXXX, dated XX.XX.XXXX. It is pertinent to mention here that XXXXXX having his influence over the police officials got a false FIR vide No. XXX/XXXX registered against the petitioner in response of the above said FIR No. XXX/XXXX. The copy of false FIR No. XXX/XXXX is attached herewith as ANNEXURE-K.

iv.      That Ld. ASJ, Tis Hazari Court while declining the bail application was of the view that statements, recorded u/s 164 Cr.P.C of the victim as well as deposition as PW-2 in the court was recorded during the time when the petitioner was at large and was avoiding the joining of the investigation. It is submitted that Ld. Judge erred in considering the averments made by the petitioner that the petitioner left his address due to the fear of being killed and his not joining of the investigation was not intentional. It is all because of not having any information regarding the present FIR No. XX/XXXX, the petitioner couldn’t join the investigation and as soon as the petitioner got the information regarding the FIR No. XX/XXXX against him, he presented himself before Ms. Deepali Sharma Ld. ASJ Tis Hazari Court.

v.       That the examination of chief of the victim child dated XX.XX.XXXX & XX.XX.XXXX has already been concluded and evidence of the victim child/PW-2 was also concluded on XX.XX.XXXX but the child didn’t put any allegation against the petitioner/accused. That the petitioner admits the cross examination of the accused and don’t wish to further cross examine the victim child. That the copy of examination in chief dated XX.XX.XXXX & XX.XX.XXXX and cross examination dated XX.XX.XXXX is attached herewith as ANNEXURE-L (COLLY).

vi.     That it is submitted to the Hon’ble Court that one of the Co-accused XXXXXXX had approached the Hon’ble Court of Delhi in the present case for seeking bail and Hon’ble Mr. XXXXXXXX was pleased to grant bail order in favor of the co-accused XXXXXXXX in view of the same facts as in the present bail application. That Hon’ble Mr. Justice XXXXXXX specifically stated in his order while granting the bail to the co-accused that keeping in view the facts and circumstances of the case “I am of the view that the Petitioner should be enlarged on bail”.

vii.     That it is submitted before the Hon’ble Court that the main Chargesheet as well as supplementary chargesheet has already been filed and examination of witnesses  and trial of the case would take a long time therefore in the interest of justice the petitioner should not be kept under custody for such long period of time under such circumstances where the victim himself voluntary while in the care of child welfare committee had given in statement of innocence of the petitioner and other co accused.

viii.       That the petitioner is not a previous convict and has not been involved in any case of this nature except the cases alleged by the main culprit to falsely implicate the petitioner.

ix.          That the petitioner undertakes to abide by all the conditions, which will be imposed upon him by this Hon’ble Court and further, assures that he will not misuse the concession of bail and will not jump the condition of bail. The copy of the Aadhar card of the petitioner is attached herewith as ANNEXURE-M.

13. That the petitioner has not filed any other application/ petition for seeking similar relief an aforementioned FIR before the Hon’ble Supreme Court or before any other Hon’ble High Court or any other court of law except the present one.

14. That the Hon’ble Court has territorial jurisdiction to decide present bail application as the present F.I.R is registered within the jurisdiction of this Hon’ble Court.

PRAYER

It is therefore, in the view of facts and submissions made hereinabove, most respectfully prayed before this Hon’ble court that this Hon’ble court may kindly be pleased to:

(i).      Pass an order to release the petitioner/accused on regular bail in F.I.R. No. XX/XXXX, U/S-377,506/34 of IPC and Sec 6 of POCSO Act registered with P.S- XXXXXX, Delhi in the interest of justice.

(ii).     Pass any other order as this Hon’ble court may deem fit & proper in the interest of justice.

                                                      PETITIONER

                      (IN JUDICIAL CUSTODY)

                                                THROUGH

NEW DELHI                                              

DATED:                                           

COUNSEL

                                             XXXXXXXXXX & ASSOCIATES

                                             Office no. XXX, XXX, Delhi-XXXXX

Mob. XXXXXXXXXXX

Email- xxxxxxxxx@yahoo.in

IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI

CRIMINAL JURISDICTION

BAIL APPLICATION NO.______OF XXXX

IN THE MATTER OF:-

XXXXXXXXX                                                               PETITIONER

     VERSUS

THE STATE OF XXXX                                                RESPONDENT

AFFIDAVIT

Affidavit of XXXXXXXXX, (Parokar), W/o Sh. XXXXXX, R/o Gram XXXXX, XXXXX, Bihar Pin Code-XXXXXX, presently at Delhi, do hereby solemnly affirm and declare as under:-

1.  That the deponent is the wife of PETITIONER and well conversant with the facts of the case of the present bail application and competent to swear this affidavit.

2.  That the husband of the deponent is in judicial custody and not able to come to sign the present affidavit and therefore wife/deponent filing the present affidavit.

3.  That the accompanying petition under Section 439 Cr.P.C has been drafted and filed under my instructions by the counsel of PETITIONER and the same have been read over and explained to deponent in her vernacular and the same is understood by her as correct.

4. That there is no any other bail application pending in any other Court, regarding FIR no. XX/XXXX.

                                                                                       DEPONENT

VERIFICATION:

Verified at Delhi on this         day of XXXXX, XXXX that the contents of the above affidavit are true to my knowledge and no part of it is false or wrong.                                                                        

   DEPONENT

IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI

CRIMINAL JURISDICTION

BAIL APPLICATION NO.______OF XXXX

IN THE MATTER OF:-

XXXXXXXXX                                                               PETITIONER

VERSUS

THE STATE OF XXXX                                                RESPONDENT

APPLICATION UNDER SECTION 482 Cr.P.C. FOR EXEMPTION FROM FILING CERTIFIED COPIES ANNEXURES

RESPECTFULLY SHOWETH:

1.   That the PETITIONER has filed the accompanied bail application u/s 439 of Cr.P.C. and the contents thereof may kindly be read as part and parcel of this application, which is not being reproduced herein for the sake of brevity.

2.   That due to paucity of time, the PETITIONER could not obtain Certified Copies of the annexures. The PETITIONER states that the original copies of all the annexures annexed with the above captioned application are not available with the PETITIONER at this stage, thus it shall be in the interest of justice that this Hon’ble Court may exempt the PETITIONER from filing certified or original copies of annexure at this stage. PETITIONER states that non-filing of certified copies of annexures are bona fide and unintentional on the part of the PETITIONER.

3.   That the PETITIONER states that some of the documents filed are internet order copy, dim impression and have been filed as such but for urgency in the matter and the petitioner prays for exemption from this Hon’ble Court from filing typed copies along with available documents thereof at this stage.

P R AY E R

It is therefore, most respectfully prayed that the PETITIONER may kindly be granted exemption from filing the certified copies of annexures for the ends of justice.       

                                                      PETITIONER

                      (IN JUDICIAL CUSTODY)

                                                THROUGH

NEW DELHI                                              

DATED:                                                              

COUNSEL

                                             XXXXXXXXXX & ASSOCIATES

                                             Office no. XXX, XXX, Delhi-XXXXX

Mob. XXXXXXXXXXX

Email- xxxxxxxxx@yahoo.in

IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI

CRIMINAL JURISDICTION

BAIL APPLICATION NO.______OF XXXX

IN THE MATTER OF:-

XXXXXXXXX                                                               PETITIONER

     VERSUS

THE STATE OF XXXX                                                RESPONDENT

AFFIDAVIT

Affidavit of XXXXXX, (Parokar), W/o Sh. XXXXXXXX, R/o Gram XXXX, XXXXXXX, Bihar Pin Code-XXXXXX, presently at Delhi, do hereby solemnly affirm and declare as under:-

1.   That deponent is wife of the petitioner, who is in Judicial custody, and well conversant with the facts of the case and competent to swear this affidavit.

2.   That the accompanying application being filed under Section 482 Cr.P.C. for exemption from filing the certified copy of the orders has been drafted and filed under my instructions by the Counsel and the same has been read over and explained to me in vernacular and understood by me as correct.

3.   That the contents of the accompanying application are not being reproduced herein for the sake of brevity, which may kindly be read as part of this affidavit.

DEPONENT

VERIFICATION:

Verified at Delhi on this                   day of XXX, XXXX that the contents of the above affidavit are true to my knowledge and no part of it is false or wrong.

DEPONENT