APPLICATION FOR ANTICIPATORY BAIL

Under section 438 of the Code of Criminal Procedure, 1973

In the Court of Sessions Judge,

Criminal Case No.

State Complainant

Vs.

Rajeev Respondent

Under Section 498A and 406 of I.P.C.

Police Station

MOST RESPECTFULLY SHEWETH:

1. That the applicant Rajeev is a permanent resident of India and there is no chance of his
absconding. That the act of the applicant was committed in the heat of the moment and
there was no ill-will or mala fide intention or pre-meditation of any sort to commit the
same.
2. That if prosecuted and arrested at the instance of the applicant’s wife, the applicant will
have to face humiliation in society, for an act or offence of which he is innocent.
3. That a case under section 498A of I.P.C. is not made out as the applicant’s wife has never
been subjected to cruelty. Also, there has been no unlawful demand for any property or
valuable security on part of the applicant.
4. That a case u/s 406 of I.P.C. is not out made as there is no record of any property being
entrusted over to the applicant.
5. That it will be a travesty of justice to not grant bail to the applicant.
6. That the applicant is not named in the FIR.
7. That the applicant does not have any past criminal record, the applicant is not a previous
convict.
8. That the applicant apprehends that he might be arrested.
9. That the offences as mentioned above are non-bailable. That the applicant has no desire
to evade the due process of law and shall face the trial to vindicate his innocence.
10. That the applicant undertakes not to misuse the bail and he also undertakes to abide by
the terms of the bail orders.
11. That the applicant has not filed any other bail application u/s 438 of the Code of Criminal
Procedure in this Hon’ble Court.
 PRAYER

It is therefore most respectfully prayed to this Hon’ble Court that this Hon’ble Court may
be pleased to direct to release the applicant on bail in the event of his arrest directing the
CJM/MM/Police Official of the concerned Police Station for such amount of money as
this Hon’ble Court deems fit to fix.
Prayed accordingly.

Rajeev
Through
Counsel for the Applicant
Dated: 10/05/2019
 COMPLAINT IN COURT
The facts of the case are:-

1. That the victim/complainant Dheeraj is a permanent resident of India living with his
family in NCR.
2. That the complainant was locked in a property dispute with his brother Neeraj,
hereinafter referred to as the accused.
3. That the complainant had invited the accused to his house for his daughter’s wedding.
4. That the accused after consuming a few drinks lost control and suddenly attacked the
complainant without any provocation.
5. That during the course of the fight the accused gravely injured the complainant and broke
one of his teeth.
6. That a clear case of voluntarily causing grievous hurt punishable under section 325 of the
I.P.C. is made out.
7. That the act of breaking of teeth is specifically mentioned/ enumerated under the seventh
clause of section 320 of the I.P.C. which defines the term grievous hurt.
8. That a clear case of using criminal force punishable u/s 352 of the I.P.C. is also made out.
9. That the complainant had no other option but to approach this Hon’ble Court as the
Police didn’t lodge an FIR and recourse to the SP was not fruitful. All other recourses
have been exhausted.
10. That the complainant most humbly and respectfully prays that this Hon’ble Court directs
the concerned Police Official to lodge an FIR and conduct thorough investigation into the
matter and arrest the accused for committing the aforementioned offences.

Dated- 10/05/2019

This differs from the earlier situation as a case of bailable offence is made out in this
situation. Also, grievous hurt was not caused to the wife of the accused in the earlier
situation.