Anticipatory Bail Format Before High Court [PDF Downloadable]

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH

DISTRICT: PATIALA

Criminal Misc. Application No. of 2010

1. Prakash Singh @ Shera
2. Beant Kuar @ Bant
    Both residing at: Near Govt School,
    Patiala
    (At present in Sub-Jail Patiala
    Since 09.07.2010)                                            … Petitioners

VERSUS

State of Punjab
Notice to be served through
Public Prosecutor,
High Court of Punjab,
Chandigarh                                                          … Respondent

                                                                             An application under section 439 of Criminal Procedure 

                                                                             Code in connection with I. CR No.108/04 under section 

                                                                             498(A), 306, 114, 304(b) of IPC and under section 3, 7       

                                                                         of Dowry Act registered with Patiala Urban Police Station.

To,
The Hon’ble Chief Justice and other
Hon’ble Judges of the High Court of
Punjab & Haryana At Chandigarh

Humble Application of the petitioners above named.

MOST RESPECTFULLY SHEWETH:

1. The petitioners have been involved for the offences punishable under section 498(A), 306, 114, 304(b) of IPC and under section 3, 7 of Dowary Act in connection with I CR No.108/04 registered with Patiala Urban Police Station.

2. The brief facts of the case leading to this petition are as under:

It is alleged by the complainant that the daughter of the complainant got married with Rakesh. It is alleged that the marriage had taken place three years before. It is further alleged that after the marriage the deceased was mentally and physically harassed by the accused. It is further alleged that both the petitioners were also harassing the deceased.

3. The petitioners approached the Learned Sessions Judge of Patiala by filing Criminal Misc. Application No. 533 of 2010. The Learned Additional Sessions Judge has rejected the application by order dated 30.07.2010.

4. Being aggrieved and dissatisfied with the judgment and order of the Learned Additional Sessions Judge, the petitioner begs to prefer this application on the following amongst other grounds.

5. Grounds:

(A) The petitioners submit that they are innocent and they have been falsely implicated in the alleged offences.

(B) It is submitted that in the complaint after death of Mina, the complainant has made all general allegation which are false and concocted and all allegations are made in order to harass all the family members. It is further submitted that none of the accused had harassed the deceased. But after her death the complainant has filed the false complaint.

(C) The petitioners submit that petitioner no.1 and 2 are father-in-law and mother-in-law of deceased. It is further submitted that prior to three months deceased and her husband were residing separately from the other family members. It is submitted that both the petitioners are innocent and they have not committed any offence.

6. The petitioners further submit that if they are enlarged on bail they will not temper with any prosecution witness or evidence nor they are likely to flee away.

7. The petitioners further submit that they have not preferred any other bail application or petition with regard to the subject matter of the present application except the above mentioned Criminal Application before any other court of Law including the Supreme Court of India.

8. The petitioners reserve their right to alter, change or amend the petition in case of any necessity so arises in future and in the interest of justice.

9. The petitioners therefore pray that:

(A) Your Lordships may be pleased to allow this application and be further pleased to order to release the petitioners on bail.

(B) As the petitioners are in judicial custody the affidavit may be dispensed with.

(C) Such other and further order in the interest of justice, equity and conscience be granted.

AND FOR THIS ACT OF KINDNESS THE PETITIONERS SHALL AS IN DUTY BOUND FOR EVER PRAY.



Date:                                                                                                           (                                  )
Chandigarh                                                                                              Advocate for the petitioner(s)