IN THE HON’BLE COURT OF SH. ASISH SHARMA, LD.
ACJM
JUDGE, DISTT-JHAJJAR, HARYANA.
ANTICIPATORY BAIL APPLICATION NO._____OF 2025
IN THE MATTER OF:
STATE VS. AMIT S/O RAJINDER SINGH
U/s. 64 OF B.N.S.
P.S.: PRASAD NAGAR
N.D.O.H.:
INDEX
S.NO. PARTICULARS P.No. C.F.
1. Bail application U/s. 482 B.N.S.S. on 3.00
behalf of the accused/applicant.
DELHI
DATED:
FILED BY:
NARENDER SHARMA
ADVOCATE,
CHAMBER NO. 634, WESTERN WING,
TIS HAZARI COURTS, DELHI-110054
E. NO-D-583/90, MOB.NO. 9811480411
E. Mail: [email protected]
NOTE: VAKALATNAMA OF THE COUNSEL FOR THE
ACCUSED/APPLICANT IS ALREADY ON RECORD
IN THE HON’BLE COURT OF SH ASISH SHARMA,
LD. ACJM, DIST-JHAJJAR, HARYANA.
ANTICIPATORY BAIL APPLICATION NO._____OF 2025
IN THE MATTER OF:
STATE VERSUS AMIT
FIR No: 171/2025
U/S: 64 OF B.N.S.
P.S. PRASAD NAGAR
N.D.O.H.: . .2025
ANTICIPATORY BAIL APPLICATION U/S 482 OF THE
BHARATIYA NAGARIK SURAKSHA SANHITA ON
BEHALF OF THE ABOVENAMED APPLICANT/ACCUSED
AMIT SEEKING GRANT OF ANTICIPATORY BAIL IN FIR
BEARING NO. 171/2025 U/S 64 OF B.N.S. PERTAINING TO
PS: PRASAD NAGAR.
MOST RESPECTFULLY SHOWETH:
1. That the Applicant/Accused abovenamed is a peace loving
and law abiding citizen.
2. That the Applicant/Accused is an innocent person and has
committed no offence at all.
3. That by the present petition, the Applicant/Accused seeks to
invoke the jurisdiction of this Hon’ble Court u/s 437 of the
Code of Criminal Procedure, seeking regular bail till the
pendency of the trial vide FIR No.166/22, registered at PS:
DUJANA u/s 148/149/323/325/342/365 of the Indian Penal
Code.
4. That the applicant is an innocent man and is being falsely
implicating in above said case. He has no connection with the
present matter. The said FIR lodged by the complainant is his
afterthought story and no such instance has ever occurred in
reality. True facts of this matter are that Sunil (co-accused)
who is friend of the applicant bought an Audi car bearing
Regd. No. DL-1CS-6771 from a person named Rajesh Yadav,
who is agent of Hidesh Chauhan & Utkarsh by paying a sale
consideration amount of Rs. 17 lacks through RTGS and
cash. The payment made through cash by the applicant was
duly recorded by camera. The said payment was done from
the bank account no 252201506346 of Sunil and Bank
Account No. 252201506436 of applicant to Rajesh Kumar
Yadav. The possession of the alleged vehicle Audi given to
the Sunil(co-accused) after receiving the sale consideration
amount. Rajesh Kumar Yadav assured Mr. Sunil (co-accused)
that all the necessary documents regarding transfer of R.C. to
his name will provide short period of time. After buying the
alleged vehicle Audi car, Sunil brought this car to his Village
Dighal and since the vehicle was in his possession.
5. On 28/07/2022 the applicant was sitting in the house of his
friend Sunil at Village Dighal. The complainant along with
his friends trespassed in the house of Sunil and showed
themselves as special staff of the U.P. Police and forcefully
trying to take away the alleged car. In this regard applicant
made a call on 112 and informed the Police regarding the
trespass of the complainant in the house of Sunil. After that
the complainant and the applicant along with the other
persons were taken to P.P. Dighal by the police. Thereafter
the complainant with collusion Police officials got lodged the
present F.I.R. against the applicant and falsely implicating
him in the present case. However, the entire facts were
brought in the knowledge of Police but Police officials did not
initiate any proceeding against the complainant and hid agents
due to the reason best known to him.
6. That the charge sheet in the instant case has already been filed
on 13/10/2022 before this Hon’ble Court and no such
investigation is pending regarding this case and no
supplementary charge sheet is pending regarding this case.
7. That nothing material has been recovered by the Investigating
Agency till date, nor anything remains to be recovered at the
instance or from the custody of the Applicant/Accused.
8. That it is pertinent to mention here that no prima facie case is
made out against the present Applicant/Accused and there is
no cogent evidence against him and he has been falsely
implicated in the present case.
9. That the Hon’ble Supreme Court of India has held in
Dataram Singh V State of UP (Criminal Appeal No.
227/2018 (Arising out of S.L.P. (Crl.) No. 151 of 2018):
“2. A fundamental postulate of criminal jurisprudence is the
presumption of innocence, meaning thereby that a person is
believed to be innocent until found guilty. However, there are
instances in our criminal law where a reverse onus has been
placed on an Accused with regard to some specific offences
but that is another matter and does not detract from the
fundamental postulate in respect of other offences. Yet
another important facet of our criminal jurisprudence is that
the grant of bail is the general Rule and putting a person in
jail or in a prison or in a correction home (whichever
expression one may wish to use) is an exception.
Unfortunately, some of these basic principles appear to have
been lost sight of with the result that more and more persons
are being incarcerated and for longer periods. This does not
do any good to our criminal jurisprudence or to our society.”
10. That the present Applicant/Accused has been falsely
implicated by the prosecutrix in the present case to wreck
vengeance for the sole purpose of harassing him by abuse of
machinery of law, and in fact prosecutrix has levelled the
concocted allegations in a calculative manner which is
evident from the FIR.
That in Inder Mohan Goswami and Another vs. State of
Uttaranchal and Others, (2007) 12 SCC 1 while
considering the series of Judgments, the Court was further
pleased to hold as under:-
“The court must ensure that criminal prosecution is not used
as an instrument of harassment or for seeking private
vendetta or with an ulterior motive to pressurise the
accused…………”
11. That the present Applicant/Accused had filed an application
for grant of regular bail u/s 437 Cr.P.C before the Hon’ble
Court of Sh. Ashish Kumar Sharma on 17/08/2022 and the
same was dismissed vide order dated 22.08.2022.
12. That the present Applicant/Accused had filed an application
for grant of regular bail u/s 439 Cr.P.C before the Hon’ble
Court of Sh. Fakrudin on 07.09.2022 and the same was
dismissed vide order dated 07.09.2022. However, now, the
police has filed charge sheet in this case, without there being
cogent evidence against the applicant, hence, this application.
13. That apart from the allegations in the FIR which are vague
and untenable, no culpability can be attributed to the
Applicant/Accused herein.
14. That the Present Applicant/Accused is from a respected
family.
15. That there would be no purpose of keeping him incarcerated
with hardened criminals, as neither does he have any previous
criminal case against him nor he is likely to abscond from
course of justice or tamper the prosecution evidence.
16. That the Applicant/Accused is ready and willing to abide by
each and every condition(s) which may be imposed upon him
while granting him bail in this case.
17. That the Applicant/Accused undertakes to co-operate with the
investigating agency and make himself available for the
investigation as and when called for.
18. That the Applicant/Accused craves leave of this Hon’ble
Court to look into the facts and grant a relief of regular bail in
the interest of justice.
19. That there can be no apprehension of the Applicant/Accused
hampering or tampering with the evidence or witnesses of the
case.
20. That the Applicant/Accused reserves his right to urge any
other or further ground that may be available to him at the
time of hearing of this application.
21. That no such or similar petition is being filed or pending
before any Hon’ble High court or before the Hon’ble
Supreme court of India.
PRAYER:
It is, therefore, most respectfully prayed that in the facts and
circumstances as aforesaid, this Hon’ble Court may kindly be
pleased to:
i. grant bail and release from custody in case FIR No. 166/2022
in section 148/149/323/325/342/365 of IPC
ii. Pass any other order(s) as this Hon’ble Court may deem fit
and proper, in the facts and circumstances of the case and in
the interest of justice.
DELHI
DATED: 30.11.2022
APPLICANT/ACCUSED
(IN JUDICIAL CUSTODY)
THROUGH
NARENDER SHARMA
ADVOCATE,
CHAMBER NO. 634, WESTERN WING,
TIS HAZARI COURTS, DELHI-110054
E. NO-D-583/90, MOB.NO. 9811480411
E. Mail: [email protected]
