IN THE COURT OF METROPOLITAN MAGISTRATE

(West), TIS HAZARI, DELHI

Bail application No. ___ of 2015

The applicant has been in jail for 23 days.

IN THE MATTER OF:

AFTAB SIDDIQUI
S/O MOIN KHAN
R/O JHUGGI NO –A 328,
THUTS MIRA BAGH,
PASHCHIM VIHAR,
NEW DELHI .........APPLICANT/ACCUSED

VERSUS

STATE (NCT OF DELHI)

THROUGH S.H.O.
P.S. – PASCHIM VIHAR
NEW DELHI. ............RESPONDENT

FIR NO. 0597/2015

U/S 376/328/385
P.S. PASCHIM VIHAR

FIRST BAIL APPLICATION UNDER SECTION 437 OF

THE CODE OF CRIMINAL PROCEDURE, 1973 ON
BEHALF OF THE APPLICANT/ACCUSED FOR
REGULAR BAIL.

MOST RESPECTFULLY SHOWETH:-

1. That the applicant by filing the present bail

application under section 437 is invoking the

jurisdiction of this Hon’ble Court to grant of regular

bail as the applicant has been arrested on

15.08.2015 in relation to the FIR No. 597 of

 2015and since he is in the jail. Copy of FIR is

annexed herewith and marked as Annexure –A1.

2. That the applicant is law abiding citizen of India, has

been residing at the above mentioned address with

his father namely Mohammad Moin aged about 49,

mother namely Smt. Begum Nasiran aged about 46,

brother namely Gulfam Siddki aged about 18,

brother Gufran aged about 17 and one sister

namely Azara aged about 16. The Applicant is a

peace loving person, has no prior criminal record

either in any court or in any police station. It is

pertinent to mention here that the applicant is sole

earning person in his family, the father of the

applicant has been suffering with old aged ailments

and after arrest of the applicant all the family

members are starving and they are also not able to

arrange the medicines for the father of the applicant

as the family of the applicant have no other source

of income from anywhere.

3. That the above mentioned FIR. 597/2015 Under

section 376/328/385 of the Indian Penal Code has

been logged in Paschim Vihar police station the on

the basis of the written complaint filed by the

informant namely Kusum (herein after referred as

 “the complainant”). It is clear form a bare reasding

of the said FIR itself that the same has been filed as

an afterthought, without material particulars and out

of sheer pressure and vendetta. The Complaint is

silent on when, where, if at all, how any alleged

incident took place. Apart from grossly bald

allegations which are compeltely lacking in any

particulars, the complaint is also inherently

contradictory and false.

4. That the allegations in brief in the said complaint on

the basis of which the FIR was registered are that

the complaint about a year back with the applicant

in janmastmi park, where the applicant used to

teach kangfu karate and the complainant and other

persons used to be taught kangfu.

5. It has been further alleged in the complaint that

when the complainant joint the applicant as a

student was searching for job and upon asking from

the applicant it has been alleged that the applicant

assured the Complainant to provide her a job in the

NGO, which was situated before the house of the

complainant.
6. It has been further alleged in complaint that the

applicant called the complainant along with her

documents to his house and when the complainant

reached at the house of the applicant, the applicant

offered her Pepsi. As per the allegation mentioned

in the complaint the Pepsi was mixed with some

intoxicating substance and after dinking the same

the complainant became unconscious and the

alleged “Galat Kam” had been committed by the

applicant and the applicant recorded the entire

incident.

7. It has been further alleged that in the complaint that

the applicant under the treat to leak the above

mentioned alleged video used to call the

complainant and would commit alleged “Galat kam”

with her and used to record the videos.

8. It is pertinent to mention here for clarification of the

above mentioned allegation that the complainant

first time met to the applicant about a year back in

Janmastmi park is completely wrong. However, the

true fact is the complainant knows the applicant

from 2013 and in 2013 itself the complainant and

one of her friend namely “ Poonam” approached the

applicant to learn kangfu and also took admission

 for the same for which the complainant and her

friend have also submitted the admission form.

Copy of admission form of the complainant and

Poonam are annexed herewith and marked as

ANNEXURE-A2 (Colly).

9. That from the perusal of the admission form and

date mentioned in the admission form it is very clear

that fist allegation of the complainant is completely

false and is mare a concocted story.

10. That the true fact is during the learning kangfu the

complainant herself proposed to the applicant for

relationship several time, after a gap of few months

the applicant accepted the offer of the Complainant

and both started dating each other. The said for

dating, going out for movies and restaurants was

also in the knowledge of some of the students of the

applicant. In order to clarify one former student of

the applicant namely “ Raja S/o Lal Babu Sharma,”

has given his affidavit, wherein he has clearly stated

that the complainant was in love relation with the

applicant and they used to go to cinema and

restaurant together. In fact the Mr. Raja has also

stated in his affidavit that he also had gone movie

 and restaurant with the complainant and applicant

twice.

11. That from the above mentioned facts it is very clear

that whatever were happened between the

applicant and the complainant was consensual and

the allegations mentioned in the FIR are completely

false and mare a concocted story.

12. That the above mentioned complaint has been filed

by the complainant under the pressure of some

political persons who want to tarnish the image of

the applicant and also want to harass the applicant

and his family as the applicant is known as good

social worker in his area and the persons who have

pressurised the complainant have animosity with

the applicant.

13. That the Law Commission of India, in its 41st

Report dated September 24, 1969 while introducing

the provision of the anticipatory bail has stated that

“The necessity for granting anticipatory bail arises mainly

because sometimes influential persons try to

implicate their rivals in false cases for the purpose

of disgracing them or for other purposes by getting

them detained in jail for some days. In recent times,

 with the accentuation of political rivalry, this

tendency is showing signs of steady increase. Apart

from false cases, where there are reasonable

grounds for holding that a person accused of an

offence is not likely to abscond, or otherwise misuse

his liberty while on bail, there seems no justification

to require him first to submit to custody, remain in

prison for some days and then apply for bail."

However, in the present matter the police authority

without checking the veracity of the allegations

arrested the applicant and all this have happened

only under the political influence and pressure.

14. It is pertinent to reiterate that the applicant is in jail

since 15.08.2015 and now the custody of the

applicant is neither required by the police for any

purpose of the investigation nor for the recovery of

any article or any discovery of fact is required to be

made from or at the instance of the applicant,

whereby necessitating custodial interrogation of the

applicant. However, on the other hand the custody

of the applicant will not serve any purpose and only

will deprive the applicant from his liberty and

freedom which is the fundamental right of an

applicant under the constitution of India. It is also

 pertinent to mention that the principal f the criminal

jurisprudence and age-old principle criminal law is

that an individual is presumed to be innocent till he

is found guilty by the court. In the present case

there is no clinching evidence which may prove the

allegation on the basis of which the applicant has

been arrested.

15. That the applicant has deep roots in society and

there is no likelihood of the applicant’s absconding

and/or tampering with the evidence.

16. In the facts and circumstances of the case, no

offence is even prima facie made out against the

accused/applicant. It is submitted that the detention

of the applicant in jail for such a long time is not

likely to serve any useful purpose.

17. That the applicant has clean background and is

neither a previous convict nor has he ever been

involved in any criminal case.

18. That there is no possibility of the applicant’s

absconding and/or tampering with the evidence in

any manner.

19. It is pertinent to mention here on the cost of

repetition that the Applicant is in custody since

15.08.2015 and no recovery is to be made from the

Applicant. It is stated that as the investigation qua

 the Applicant is complete and no custodial

interrogation of the Applicant is necessary and

therefore the Applicant be released on bail.

20. That the Applicant shall provide the security and

sound surety for the grant of bail.

21. That the applicant undertakes to join the

investigation as and when so required to do and

undertakes to abide by all such conditions as this

Hon’ble court may choose to impose in this regard.

PRAYER

It is, therefore, most respectfully, prayed

that this Hon'ble court may be pleased to release

the applicant/accused on bail upon such terms

and conditions as this Hon’ble court may

deem appropriate in the given the peculiar

facts and circumstances of this case and in

the interest of justice.

APPLICANT/ACCUSED

THROUGH

NEW DELHI
DATED:
 IN THE COURT OF METROPOLITAN MAGISTRATE
(West), TIS HAZARI, DELHI

IN THE MATTER OF:

AFTAB SIDDIQUI .........APPLICANT/ACCUSED

VERSUS

STATE (NCT OF DELHI) ............RESPONDENT

FIRNO. 0597/2015
U/S 376/328/385
P.S. PASCHIM VIHAR

AFFIDAVIT

I, Raja, S/o Sh. Lal Babu, aged about 22 years, R/o, A-51,
Khyala Village new Delhi-110063, do hereby solemnly
affirm and declare as under:
1. That I am was the student of the Aftab Siddiqui and

used to learn Kungfu. I had joined the kungfu classes

about two years back, when I joined the cases Ms.

Suman was a student already there, who also used

come to Aftab Siddiqui to learn kungfu.

2. I state that I am well aware that about relationship

between Aftab siddiqui and Kusum that Aftab and

Suman were lovers and they used to go to cinemas

and restaurants. In fact at the relevant time when I was

a student in Aftab’s academy about two years back, on

the request of the Kusum several times I dropped her

at cinemas and restaurant on my scooty.

3. I state that before two years back when Aftab and

Kusum were in love relationship I also had gone with

them to cinemas and restaurants.

4. I state that once when I was going to drop Kusum to

cinema hall she told me that she had proposed Aftab

Siddiqui to love relationship and after long time Aftab

replied positively.

5. I state that when I come to know about the above

mentioned FIR against Aftab which was registered on

the basis of the complaint filed by Kusum, I assumed

there are some persons behind it who have

deliberately roped Aftab in falsely case as I know

kusum had good relation with Aftab.

Deponent

VERIFICATION

Verified at New Delhi on this ___ day of _______, 2015,

that the contents of the above affidavit has been

translated and explained to me by my counsel and the

same are true and correct of my knowledge, no part of it

is false and nothing material has been concealed there

from.

Deponent