UNIVERSITY OF PETROLEUM & ENERGY STUDIES

SCHOOL OF LAW

B.A., LL.B. (HONS.)

SEMESTER IV

ACADEMIC YEAR: 2020-21 SESSION: JAN-JULY, 2021

Under the Supervision of: Ms. Arpit Jain

Anticipatory Bail Draft

NAME: Prachi Agnihotri

SAP NO: 500077416

ROLL NO: R450219192

School of Law Jan-July 2021

 IN THE COURT OF HON’BLE SESSIONS JUDGE, _DEHRADUN_

Cr (M) No:_89/21_ 2021

Application under Section 438 CrPC 

A……….. Applicants

Versus

State of Uttrakhand …..Respondent

First Application under Section _438_of_CRPC_For Grant of Anticipatory Bail in

Case FIR No. _89/21___Under Section _365___IPC
Sir,

The applicant most respectfully submits as under:- 

1- That the Mr. XYZ(bank manager) has registered the above mentioned case
against the applicant/petitioner.

2- That the Mr. A is a respected citizen of India, he was seeking for loan from the
State Bank Of India. Mr. Xyz, the manager of the bank asked Mr. A for cash
amount of RS. 2,50,000/- as a bribe. When Mr. A refused to give the bribe of the
said amount, Mr. XYZ filed a FIR against MR. A under section 365 and 171B of
IPC. In the registered FIR, Mr. XYZ mentioned that Mr. A tried to bribe him and
asked his to pass his loan and when Mr. XYZ denied accepting the bribe then Mr.
A abducted Mr. XYZ with the wrongful confinement. Later anyhow bank manager
was successful to flee from there and filed the FIR against Mr. A, case against the
applicant/petitioner.

3- That Mr. XYZ did not mentioned in FIR that for how much time and when he
was abducted, also the place where he was kept and at the same time there is no
mention of the way through which he successfully flee away from the abduction.
Mr. XYZ was consecutively present according to the attendance record and CCTV
footage of the bank, even after the applicant visited the bank. On enquiring, his
colleagues told that Mr. XYZ was present in the bank and they are not aware of
any kind of incident when Mr. A forcefully abducted him. At the same time it is
not possible for a single person to forcefully abduct a well build person like Mr.
XYZ. So, after getting through the series of events it becomes evident that Mr. A
has not committed any such crime and it is crystal clear that this whole story by
Mr. XYZ is cooked up. This is a conspiracy by Mr. XYZ in order to trap and
compel Mr. A to pay the asked amount as bribe to get loan.

4- That the Mr. XYZ is the one of the most corrupted officer of the bank, as told by
his colleagues.
5- That the applicant has no nexus or connection with the above-mentioned
offence.
3- That the applicant is a citizen of India as Mr. A is aged about 35 years.
4- That the applicant have not caused any hurt/injury to any one.
5- That the allegations in the FIR as alleged by Mr. XYZ are wrong, incorrect and
concocted story made by the complainant.
6- That no recovery is pending in the above mentioned case and nothing is to be
recovered from the applicant.
7- That the applicant undertakes to join the investigation as and when required by
the police of police Station.
8- That there is no apprehension for absconding or evading of taking trial.
9- That the applicant undertakes not to temper with the evidence or witnesses.
10- That the applicant undertakes to abide by all the terms and conditions as
imposed by the Hon’ble court in the event of bail.
11- That the applicant undertakes for not to hamper the bail and ready to furnish
the bail bonds of sound amount for the satisfaction of the Hon’ble court.
12- That in such type of false cases the bail is rule and refusal of the bail will not
serve any purpose.

PRAYER:
It is, therefore prayed that the applicant may kindly be released/granted
anticipatory bail and the in-charge concerned of concerned police station may
kindly be directed to release the applicant on bail in the event of their arrest. Any
other order which the court may deem fit and proper in the facts and circumstances
of the case may also be passed in favor of the applicant.

Dated:     

Applicant

Through counsel:
Prachi Agnihotri, Advocate.