IN THE COURT OFMS RAJ GUPTA LD.

ADDITIONAL

SESSIONS JUDGE, GURUGRAM

Rahul Kumar S/o Mahinder Singh R/o WardNo-11,Farrukh Nagar,

Gurugram, Haryana-122506

…….Applicants/Accused

Versus

State of Haryana ……….…Respondent

FIR No. 44 Dt. 24.05.2021

U/s: 376(2)(N),313,IPC

P.S.:-WomenPolice station

Manesar, Gurugram

Pending for:-12.02.22

5 t h Application for Bail U/S 439 Cr.P.C.

Respected Sir,

MAY IT PLEASE YOUR HONOUR:

For and on behalf of the applicant, it is most respectfully and humbly

submitted as under:-

1. That the applicant has been involved in a false and frivolous case

instituted by one Smt. Rajiya W/o Muhamadeen, D/o Shri

Munna Khan aged around 44 years, R/o E-786, Village Sawda, J.

J. Colony, Delhi – 110081(hereinafter the “complainant”), by

filing a complaint before the SHO Women Police Station,

Manesar, Gurugram wherein an FIR got registered vide FIR No.

44 dt 24.05.2021 under Section 376(2)(n) and 313 of IPC, 1860.

The applicant/accused has been arrested by the Police of Police

Station: women Cell Manesar on the basis of the above

complaint.

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2. It is submitted that the allegations made against the

applicant/accused are false, frivolous, vexatious and rather lack

in the material substance. The complainant has concocted the

facts and has leveled false charges upon the applicant/accused.

The applicant has nothing to do with the alleged offences. The

applicant belongs to a very reputed family in his locality.

3. The allegations leveled against the applicant are as follows: -

It has been alleged in a written complaint submitted before the

P.S. that the complainant had met the applicant/accused for the

purpose of work in 2015. Since both of them were in the same

business, at times they used to carpool to the work. In

furtherance to the same it was alleged that both the applicant

and the complainant had engaged in an intercourse for the first

time in the year 2015 in one of the friends’ room located in

Faridabad. As per the allegations, the complainant alleged that

the applicant had been living with her for more than 4 years,

i.e., until 2019 at her home located in J.J Colony, New Delhi.

Thereafter, they both shifted to rented accommodation for a

period of two month situated in Farrukh Nagar. It is however

admitted that applicant/accused had indulged into sexual

intercourse without the consent of the complainant. In

furtherance to the same, the complainant and the

applicant/accused had established a sexual relation on

20.05.2021 at OYO Hotel based out at Chandu Bhudeda village.

4. That the statement of the prosecutrix has been recorded on oath in

case titled “State Vs. Rahul”. She has stepped into the witness-box

and has made a statement in which clearly mentioned that the I

was friendly the accused /applicant, I and accused/applicant

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 developed physical relationship with my consent and free will.

Accused/Applicant did not commit any sexual wrong act with

her and against her wishes at any point of time. Whatever was

done in between us, it was done with my consent.

5. That as per the statement, which is being annexed along with the

present application for the ready reference and kind perusal of this

Hon’ble Court. The careful perusal of the testimony of the

prosecutrix shall show that she had narrated regarding the

sexual wrong act were not commit by the applicant against her

wishes at any point of time. She does not speak even a word

regarding the presence or involvement of the applicant in the

occurrence.

6. That the offence complained off is purely an offence of personal

nature and this is not a case where culpability of a person can

be a matter of discovery consequent upon some investigations.

It is submitted that once it has not been contended by the

victim that she had been sexually assaulted by the applicant,

the question of culpability of the applicant in the present

crime becomes redundant and circumstances speaks for

themselves that the applicant is a victim of false implication.

In so far as the question of application leading to registration

of FIR and the consequent statement allegedly made by the

victim U/s 164 Cr.P.C. in concerned, the law is settled that

these documents can be held relevant only for the purpose of

corroboration and confrontation and cannot be taken as

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 stand-alone material admissible in evidence, however, the

statement of a person on oath before the Court of law is a

substantial piece of evidence. Further the prosecution had

declared the victim as hostile witness. She contended with the

contents of any of her alleged previous version and hence the

circumstances go on to speak in volume that there exists no

prima facie evidence to indicate the culpability of the

applicant in the present crime.

7. That the investigation in this case has already been concluded and the

final report has already been filed by the police.

8. That the circumstances of the case do not warrant or justify the

custodial detention of the applicant, since nothing is to be

recovered from the applicant and the law is well settled that pre-

trial should not be ordered as a matter of punishment. The

assertions made in the FIR are yet to be tested on the benchmark

of evidence during the course of trial.

9. That no recovery is to be effected from the person of the

petitioner/accused so as to warrant any custodial interrogation of

the petitioner/accused.

10.That the trial of the case is still likely to take some more time and the

applicant is ready and willing to appear before this Hon’ble Court

as and when called upon to do so.

11.That the applicant undertakes not to misuse the concession of bail in

any form and to abide by all the terms and conditions lay down by

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 the Hon’ble Court of your Lordship towards the grant of

concession of bail.

12.That no such or similar application is pending before any other Court

praying for the same relief in the Union of India.

PRAYER:

It is therefore in the light of the above cited facts and totality of the

circumstances, the petitioner may kindly be granted the concession of

regular bail and the present application may kindly be allowed and/or

any other or further order which this Hon’ble Court may deem fit and

proper in the attending circumstances of the case may kindly be passed

in the interest of justice.

Place: Gurugram

Date:……..2021 Applicants:

Rahul Kumar S/o Mahinder Singh

R/o WardNo-11, Farrukh Nagar,

Gurugram, Haryana-122506

Through:

Dinesh Kumar, Advocate

Bharti Verma,Advocate

IN THE COURT OF LD. ADDITIONAL SESSIONS

JUDGE, GURUGRAM

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Rahul Kumar S/o Mahinder Singh …….Applicant/Accused

Versus

State of Haryana ……….…Respondent

FIR No. 44 Dt. 24.05.2021

U/s: 376(2)(N),313,IPC

P.S.:-WomenPolice station

Manesar, Gurugram

Pending for:-

5 t h Application for bail U/S 439 Cr.P.C.

I, Pardeep Kumar S/o Mahender Singh, R/o Ward No-12,Farrukh

Nagar, Gurugram, do hereby solemnly affirm and declare as

under:

1. That the contents of the bail application as per the best of the

knowledge of the deponent are true and correct.

2. That as per the best of the knowledge of the deponent, this is the

first application under Section 439 Cr.P.C. being filed by the

applicants in the above captioned case, and no such or similar

application on behalf of the applicants is pending before any

other Court.

Place: Gurugram.

Date: ……….2021 Deponents

Verification:

Verified that the contents of the above affidavit are true and
correct to the best of my knowledge and belief and nothing has been
concealed the
Place: Gurugram.

Date: ……..2021 Deponent

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 IN THE COURT OF LD. ADDITIONAL SESSIONS

JUDGE, GURUGRAM

Rahul Kumar S/o Mahinder Singh R/o WardNo-11,Farrukh Nagar,

Gurugram, Haryana-122506

…….Applicant/Accused

Versus

State of Haryana ……….…Respondent

FIR No. 44 Dt. 24.05.2021

U/s: 376(2)(N),313,IPC

P.S.:-WomenPolice station

Manesar, Gurugram

Pending for:-20.07.21

2 n d Application for Bail U/S 439 Cr.P.C.

INDEX

SR No. Particulars Page No

1. Bail Application & Affidavit
2. Copy Of FIR Dated 24.05.2021
3. Certified copy of Statement 03.11.2021
4 Copy OF Aadhar Card
5 Vakalatnama

Applicant:

Place: Gurugram Rahul Kumar S/oMahinder Singh

R/o WardNo-11,Farrukh Nagar,
Gurugram, Haryana-122506
Through:

Dinesh Kumar, Advocate

Bharti Verma,Advocate

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