Anticipatory Bail Format 438 CrPC Dowry Case U/S 498a IPC

BEFORE THE HON’BLE COURT OF SESSIONS JUDGE

Ajay Kumar son of SomNath R/o  Bathinda, Tehsil & Distt. Bathinda        …..Petitioner/accused
Versus
State of Punjab

First Petition under section 438 Cr.P.C., to the grant of anticipatory bail to the petitioner in case FIR No.80 dated 30/05/2015 under Section 498A/406 IPC registered at P.S. City Bathinda.



Respectfully Showeth,

1. That the petitioner had not filed such or similar petitioner either before this Hon’ble Court or before The Hon’ble Punjab & Haryana High Court at Chandigarh
. Hence, this is the first petition under Section 438 Cr.P.C filed by the petitioner/accused.

2. That the petitioner/accused is an innocent person and has been falsely implicated in the above noted case. Hence, the present petition is filed by the petitioner before the Hon’ble Court.

3. That the petitioner/accused is entitled to be released on pre-arrest bail inter-alia on the following grounds: -

- That the petitioner/accused is an innocent person and has been falsely implicated in above noted case. Petitioner/accused had not committed any offence as alleged. Hence, the petitioner/accused is entitled to be released on pre-arrest bail.

- That from the contents of the FIR, it is very much clear that the FIR is the result of consult and deliberation etc and it is just put pressure on the petitioner as well as family of the petitioner.

- That it is important to mention that all the co-accused in this case are on regular bail. All the alleged dowry articles are already recovered by the investigating officer. So, there is nothing yet to be recovered from the petitioner, hence, the custodial interrogation of the petitioner is not required so the petitioner/accused is entitled to be release on pre-arrest bail.

- That there is nothing on file which would warrants the custodial interrogation of the petitioner, moreover, petitioner/accused is ready to join the investigation if required or undertakes to cooperate with investigation agency, or as per the orders of this Hon’ble Court.

- That in case this Hon’ble Court extends the concession of pre-arrest bail to the petitioner, and then he will abide by all the terms and conditions lay down by this Hon’ble Court.

It is therefore respectfully prayed that petition may kindly be accepted and petitioner/accused may be released on pre-arrest bail.

It is further prayed that during the pendency of this petition, arrest of the petitioner may kindly be stayed.

Dated: 06/06/2015

Submitted by:-

Ajay Kumar son of SomNath R/o Birla Colony,

Bathinda, Tehsil & Distt. Bathinda.

…..Petitioner/accused

Advocates & Associates

(Counsel for the petitioner)

AFFIDAVIT

BEFORE THE HON’BLE COURT OF SESSIONS JUDGE

Ajay Kumar son of SomNath R/o Birla Colony, Bathinda, Tehsil & Distt. Bathinda
.......Petitioner/accused
Versus
State of Punjab

First Petition under section 438 Cr.P.C., to the grant of anticipatory bail to the petitioner in case FIR No.85 dated 30/05/2009 under Section 498A/406 IPC registered at P.S. City Mansa.

AFFIDAVIT

I, Ajay Kumar son of Som Nath R/o Birla Colony, Bathinda, Tehsil & Distt. Bathinda, do hereby solemnly affirm and declare as under: -

1. That petition in hand is the first petition under Section 438 Cr.P.C. filed by the petitioner. All the contents of this petition are true and correct at the best of my knowledge and they may kindly be read as part of this affidavit.

2. That I engaged Mr. Puneet Batish Advocate & Associates for the presentation of present petition. No other counsel has been engaged for this purpose.

Deponent

Verification

I, above said Ajay Kumar again declare and verify that all the contents of this affidavit mentioned in Para no.1 & 2 are true and correct at the best of my knowledge. Nothing has been kept concealed therein. Verified at Bathinda on 6th day of June, 2015.

Deponent