IN THE HON’BLE COURT OF THE DISTRICT AND SESSIONS

JUDGE, GURUGRAM COURTS, GURUGRAM, HARYANA

BAIL APPLICATION NO. 128 OF 2023

In the Matter of:
VISHAL GOWDA VS STATE OF HARYANA FIR: 128/2023 dt 24.06.2023
U/s 354,504, 506 IPC
P.S. Shivaji Nagar

INDEX
SL.NO. PARTICULARS PAGES
1. Application for Grant of Anticipatory Bail 1-5
u/s 438 Cr.PC
2. Annexure-I: Copy of the FIR 128/2023 6-15
U/S 354,504,506 IPC. PS Shivaji Nagar
3. Vakalatnama 16

Sanchaita Lahiri
Advocate

GURUGRAM
31.08.2023

Gurugram
 IN THE HON’BLE COURT OF THE DISTRICT AND SESSIONS
JUDGE, GURUGRAM COURTS, GURUGRAM, HARYANA

BAIL APPLICATION NO. 128 OF 2023

In the Matter of:

Vishal Gowda VS State of Haryana FIR: 128/2023 dt 24.06.2023
U/s 354,504, 506 IPC
P.S. Shivaji Nagar

MEMO OF PARTIES

VISHAL GOWDA
S/o Mr. Hombanna Gowda
506, Raheja Atlantis
Gurugram – 122001

Vs

STATE OF HARYANA

Sanchaita Lahiri
Advocate

New Delhi
31.08.2023

Gurugram
 IN THE HON’BLE COURT OF THE DISTRICT AND SESSIONS
JUDGE, GURUGRAM COURTS, GURUGRAM, HARYANA

BAIL APPLICATION NO. 128 OF 2023

In the Matter of :
VISHAL GOWDA VS STATE OF HARYANA FIR: 128/2023 dt 24.06.2023
U/s 354,504, 506 IPC
P.S. Shivaji Nagar

APPLICATION FOT THE GRANT OF ANTICIPATORY BAIL

U/S 438 Cr.PC TO THE APPLICANT VISHAL GOWDA

MOST RESPECTFULLY SUBMITTED AS UNDER:

1.That the applicant is a respectable, educated, well qualified, law abiding and peace-loving
person who has been falsely implicated in the aforesaid case on account of passing of order
dated 28.1.2019 followed by order dated 1.11.2019 passed by Ms. Shailza Gupta, SDJM,
Sohna in the aforesaid FIR no. 128 dated 24.06.2023 under Sections 354,504, 506 IPC, Police
Station Sohna, Gurugram.
2.The gist of the complaint is that the complainant has visited the provision store along with
his wife and two kids and sister-in-law at about 11.30 p.m. and that the petitioner herein has
demanded his sister-in-law the previous. dues of the bill amount, which was not paid by her
and in the altercation the complainant alleged that the petitioner. has made derogatory
remarks against the said lady and abused and threatened and also outraged. the modesty of
that. lady.

3. That the averments made in the complaint are not only false, frivolous and vexations but
also made with a vengeance since the complainant is having enormous influence over the
Police. The petitioner submits that no such incident has happened, per contra, it is the
complainant and his sister-in-law who have abused the petitioner with filthy language,
attempted to assault him taking advantage of their position.

4. The petitioner is innocent of the alleged offences and is a permanent resident of Gurugram
and a law abiding citizen. The petitioner has high respect and reputation and deep roots in
society. The petitioner is married and is the sole earning member in his family. Till date no
case is registered against the petitioner and he does not have any criminal antecedents.

Gurugram
5.The resident police are making a hectic attempt to arrest the petitioner. If the petitioner is
arrested and detained in custody, his image in the society will be tarnished and he will be put
to mental agony besides severe hardship and inconvenience.

6.The petitioner undertakes to face trial and appear before the concerned magistrate. on
receipt of the summons or before the Investigating Officer and shall co-operate with the
investigation of the case, whenever required. The petitioner further undertakes that he will
not hamper or tamper the prosecution witnesses or leave the jurisdiction of this Hon'ble
Court.

7. The petitioner undertakes to abide by all the terms and conditions that may be imposed by
this Hon'ble Court for granting anticipatory bail. The petitioner is ready and willing to furnish
valid and solvent surety to the satisfaction of this Hon'ble court.

8. The alleged offences are both bailable and non-bailable in nature, but not punishable with
death or imprisonment for life.

9. That since the offences in question are non bailable, the applicant apprehends arrest on
putting in appearance before the trial court. He should suffer irreparable loss and injury in
such event.

10. That the applicant is absolutely law abiding person. He is innocent and has been
erroneously framed in the aforesaid case. The applicant shall make himself available before
the learned trial court as and when required. He shall abide by such conditions as may be
imposed by this Hon’ble court. The applicant does not have any past criminal history. The
applicant has deep roots in the society. No recovery is to be effected from the applicant and
the applicant is ready to join the trial. The present application is bonafide and in the interest
of justice. The applicant is entitled to the concession of anticipatory bail.
PRAYER
It is most respectfully prayed that the Hon’ble Court be graciously pleased to grant
anticipatory bail to the applicant in view of his non culpability, false implication, lack of
involvement and the fact that the FIR itself is non-est in law on such terms and conditions
which the Hon’ble Court deems fit and proper in the facts and circumstances of this case in
the interest of justice, equity and good conscience.
Any other order which the court may deem fit and proper in the facts and Circumstances of
the case may be also passed in favour of the applicant.
PRAYED ACCORDINGLY
APPLICANT

Vishal Gowda
Through
Sanchaita Lahiri
Advocate

Gurugram
 IN THE HON’BLE COURT OF THE DISTRICT AND SESSIONS
JUDGE, GURUGRAM COURTS, GURUGRAM, HARYANA

Vishal Gowda Versus State of Haryana

First application for grant of anticipatory bail under Section 438 Cr.PC
AFFIDAVIT

I, Vishal Gowda resident of 506, Raheja Atlantis, Gurugram- 122001, do hereby solemnly
affirm and declare on oath as under:-
1. That I am applicant/ accused in the above said case; am well conversant with the facts and
circumstances of the case and am able to depose about the same.

2. That I state that the accompanying first application for grant of anticipatory bail under
Section 438 Cr.P.C. has been drafted under my instructions and the facts stated therein are
true and correct to the best of my knowledge. The same may kindly be read as part and parcel
of this affidavit for the sake of brevity and to avoid unnecessary repetition.

Deponent

VERIFICATION

I, Vishal Gowda, do hereby solemnly affirm and declare that this is my name and signature
and the contents of this petition/application are true to the best of my knowledge, information
and belief.

Deponent

Place: Gurugram
Date:

Gurugram
 IN THE HON’BLE COURT OF THE DISTRICT AND SESSIONS
JUDGE, GURUGRAM COURTS, GURUGRAM, HARYANA

Vishal Gowda Versus State of Haryana

BAIL APPLICATION NO. 128 OF 2023

Mr. Vishal Gowda

…Petitioner

Vs.
State of Haryana and Ors.

…Respondents

SURETY AFFIDAVIT

I, Rajat Singh, son of Satvir Singh, 326, Vipul Greens,Sector-52,Gurugram-122001, do

hereby solemnly affirm and declare as under:
1- That the deponent is the permanent resident the above mentioned address.
2. That I have never stood any surely in any ether cases and the documents produced by the
deponent are genuine.
3. That the accused is my friend and I have full control over him.
4. That I am standing surely on behalf of the accused in the above mentioned case.
5. That I am an officer in Indian Railways, at Deputy CMM post, drawing a salary of Rs 1.5
Lacs per month and am also solvent.
6. That the accused shall appear on each and every date of hearing without fail.
7. That I have understood that in case of a single breach of bond I shall be liable to pay to the
state, an amount equivalent to this bond's amount.

Gurugram
Gurugram
Gurugram