PROJECT REPORT

OF
DRAFTING , PLEADING AND CONVEYANCE

TOPIC:

RULES OF PLEADING (ORDER VI, VII & VII, CPC)

&
APPLICATION FOR ANTICIPATORY BAIL

SUBMITTED TO: SUBMITTED BY:

MS. SITAL SHARMA HIMANIGUPTA

B.COM L.LB

SECTION – D

SEMESTER – VIII

ROLL NO. – 198/15

 ACKNOWLEDGMENT

Making project is an interesting work and also a work that requires great dedication. I would like

to thank my teacher Ms. Sital Sharma for providing me with such an opportunity to work on this

project. I have enriched my knowledge a lot during the making of this project.

I have always yearned for an opportunity to thank all those who stood by me during the beautiful

journey called life. I am short of words to thank my parents for providing me support and

motivation towards completing the project and their selfless love. I would thank my friends who

always stand by my side. I really learnt a lot while making this project and it was a great

experience.

Himani
 ORDER 6, 7 and 8 (RULES OF PLEADING)

ORDER VI ( PLEADINGS GENERALLY)

Pleadings form the foundation for any case in the court of law. It is a statement in writing filed

by the counsel of plaintiff stating his contentions on the case, on the basis of which the defendant

shall file the written statement defending himself and explaining why the plaintiff’s contentions

should not prevail. Sometimes the plaintiff, having filed his plaint, may, with the leave of the

court, file a statement or the court may require him to file a written statement. In such cases, the

written statement forms part of the plaintiff’s pleadings. Similarly, there are cases in which the

defendant having filed his written statement may, with the leave of the court, file an additional

written statement or the Court may require him to do so. In such cases the additional written

statement also forms part of the defendant’s pleadings 1. Code of Civil Procedure (CPC) in order

6, Rule 1 defines pleadings as a written statement or a plaint. The plaintiff’s written statement

and the defendant’s additional written statement are termed supplemental pleadings.

Objective of pleading

The whole objective behind pleading is to narrow down on the issues and provide a clear picture

of the case thereby enhancing and expediting the court proceedings. The pleadings help both the

parties know their point of dispute and where both parties differ so as to bring forth the relevant

arguments and evidence in the court of law.

Rules of Pleadings

The four words which can crisply summarise the rule of pleading is ‘Plead facts not law’. The

counsel of both the parties should only project the facts in their respective case rather than

suggesting on the laws applicable in the particular case.

1
 Legal Provisions of Order VI of Code of Civil Procedure, 1908 (C.P.C.), India – Pleadings Generally. (n.d.).
Retrieved from http://www.shareyouressays.com/knowledge/legal-provisions-of-order-vi-of-code-of-civil-
procedure-1908-c-p-c-india-pleadings-generally/114328
To gain a crystal clear understanding of the same, the rules can be studied in two parts that is:

1) Basic or Fundamental Rules

2) Particulars or other rules

Basic or Fundamental Rules

Basic or Fundamental Rules are discussed in the sub-rule (1) of Rule 2 of Order VI of the Code

of Civil Procedure, 1908. Summarising the provision, the basic rules of pleadings are the

following:

Facts should be pleaded upon and not the law2

The parties are under the duty to state the facts on which they are claiming their compensation.

The court shall apply the law as per the stated facts to render the judgement. One should not

assert or apply any laws for claiming right on the stated facts.

Material facts should be pleaded3

The second basic rule is to present facts which are material only. Immaterial facts shall not be

considered. The question arose in the court of law that what is the actual scope of ‘material

facts’. The material facts will be inclusive of all those facts upon which the plaintiff’s counsel

will claim damages or rights as the case may be or the defendant will put forth his defence. In

nutshell, facts which will form the basis for claiming a right or compensation by the plaintiff or

prove the defendant’s defence in the written statement will fall under the ambit of being

‘material’.

Evidence should not be included while pleading

It says that pleadings should contain a statement of material facts on which the party relies but

not the evidence by which those facts are to be proved4

2
Order VI, Rule 2.
3
Order VI, Rule 2.
4
Pleadings : its rules and amendment. (n.d.). Retrievedfom https://legaldesire.com/pleadings-rules-amendments/
There are two types of facts :

 Facts probanda : the facts which need to be proved, i.e material facts

 Facts probantia: facts by which a case is to be proved, i.e evidence

Only facts probanda should form the part of pleadings and not facts probantia. The material facts

on which the plaintiff relies for his claim or the defendant relies for his defence are called facta

probanda, and they must be stated in the plaint or in the written statement, as the case may be.5

Facts in concise manner should be presented

This is the last and final basic rule of pleadings. Compressed and crisp presentation must be

adhered while presenting the pleadings. At the same time it must be kept in mind that in order to

maintain brevity of facts one should not miss out on important facts in the pleadings. Pleadings

can be saved from superfluity if one takes care in syntax.

Particulars or other rules

1. Particulars with dates and items should be stated wherever fraud, misrepresentation,

breach of trust, undue influence or wilful default are pleaded in the pleadings.

2. Generally departure from pleading is not permissible, and except by way of

amendment, no party can raise any ground of claim or contain any allegation of fact

inconsistent with his previous pleadings.

3. Non-performance of a condition precedent should be specifically mentioned in the

pleadings. Performance of the same shall not form a part of the pleadings since it is

already implied.6

4. If the opposite party denies a contract, it will be held as denial of the facts of the

contract and not its validity, enforceability and legality7.

5. Wherever malice, fraudulent intention, knowledge or other condition of the mind of a

person is material, it may be alleged in the pleading only as a fact without setting out

the circumstances from which it is to be inferred.8

5
Pleadings : its rules and amendment. (n.d.). Retrieved from https://legaldesire.com/pleadings-rules-amendments/
6
Order VI, Rule 6.
7
Order VI, Rule 8.
8
Order VI, Rule 10.
 6. Unless the facts are material, there is no need for the facts to be stated in verbatim.

7. Pleadings should only state the giving of a notice, when it is required to give a notice

or condition precedent, without disclosing the form or manner of such notice or giving

details of any circumstances from which the form of notice can be determined, unless

the same is material.

8. Implied relations between persons or contracts can be alleged as facts and the series of

conversations, letters and the circumstances from which they are to be inferred should

be pleaded generally.9

9. The facts which deals with onus of proof or which favours a party shall not be

pleaded.

10. Every pleading should be signed by the party or one of the parties or by his pleader.10

11. A party to the suit shall provide with his and the opposite party’s address.11

12. Each and every pleading need to be approved by making an affidavit by the party or a

person who is acquainted by the facts stated in the pleading.12

13. A pleading may be ordered to be strike out by a court of law, if it feels the same is

scandalous, frivolous, unnecessary or intended towards embarrassing, prejudicing or

delaying a fair trial in the court.13

14. Amendment of pleadings shall be allowed by the court14

15. The pleadings shall be divided in proper paragraphs whenever required, consecutively

numbered and structured properly. Every argument or allegations must be in separate

paragraphs. Dates, sums and any totals shall be expressed in figures as well as in

words so as to maintain clarity for the judge as well as the parties concerned in the

trial.15

16. Forms in Appendix A of the Code should be used wherever they are applicable.

Where they are not applicable, forms of like nature should be used.16

9
Order VI, Rule 12.
10
Order VI, Rule 14.
11
Order VI, Rule 14A.
12
Order VI, Rule 15.
13
Order VI, Rule 16.
14
Order VI, Rule 17.
15
Order VI, Rule 2.
16
Order VI, Rule 3.
Amendment of Pleadings

Rules 17 and 18 of Order VI of Code of Civil Procedure, 1908 deal with amendment of pleading.

These provisions aim towards achieving justice in the society. Rule 17 of the Code of Civil

Procedure, 1908 provides either parties may be ordered to amend or alter his pleading at any

stage of the proceeding in such manner which shall be fair and just and allow amendment when

necessary so as to determine the exact controversial question between the parties.

On the other hand Rule 18 deals with the issue of failure of amending the pleading. It deals with

the law that if court orders a party to make necessary and if he fails to do the same within the

given time limit given by the order or if no time is limited then within 14 days from the date of

the order, he shall not be permitted to amend after the expiration of such limited time as

aforesaid or of such 14 days, as the case may be, unless the time is extended by the Court.

Conclusion

Pleadings form the backbone of any legal suit. The case is set out in the pleading. It guides the

parties to form the arguments and know the contentions of the other party so as to frame claims

or defence by either party respectively. It is guidance in the whole journey of the suit. They also

determine the range of admissible evidence which the parties should adduce at the trial. The

Code of Civil Procedure lays down the fundamental rules of pleadings along with the

amendments to the same. These provisions are aimed to strike a balance in the society and to

achieve the ultimate ends of justice.

ORDER VII (PLAINT)

Order VII: Rule 1, prescribes the essentials or particulars of the plaint

A plaint is a statement of claim, a document by presentation of which the suit is instituted. Its

object is to state the grounds upon which the assistance of the Court is sought by the plaintiff.

The essentials or particulars of plaint are (Order VII: Rule 1)

(a) The name of the plaintiff,

(b) The name, description and place of residence of the plaintiff,

(c) The name, description and place of residence of the defendant,

(d) Where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to

that effect,

(e) The facts constituting the cause of action and when it arose,

(f) The facts showing that the Court has jurisdiction,

(g) The relief which the plaintiff claims,

(h) Where the plaintiff has allowed to set off or relinquished a portion of his claim, the amount

so allowed or relinquished, and

(i) A statement of the value of the subject matter of the suit for the purpose of jurisdiction and of

Court fee.

In Money Suits:

Where the plaintiff seeks the recovery of money, the plaint shall state the precise amount

claimed.

If the suit is for account of mesne profits or for movables in the possession of the defendant or

for debts which cannot be determined, the approximate amount or value should be stated.17

Where the subject matter of the suit is immovable property:

17
Order VII: Rule 2.
The plaint should contain a description of the property sufficient to identify it by indicating

boundaries; survey numbers etc.18

When plaintiff sues as representative:

Where the plaintiff sues in a representative character the plaint shall show not only that he has an

actual existing interest in the subject matter, but that he has taken the steps (if any) necessary to

enable him to institute a suit concerning it.19

Defendant’s interest and Liability to be shown:20

The plaint should state the interest and liability of the defendant in the subject matter of the suit.

Grounds of Exemption from Limitation Law:

If the suit is time barred, the plaint should state the ground upon which the exemption from the

law of limitation is claimed.21

Return of Plaint:

Rule 10(1):

Where at any stage of the suit, the Court finds that it has no jurisdiction, either territorial or

pecuniary or with regard to the subject matter of the suit, it will return the plaint to be presented

to the proper Court in which the suit ought to have been filed.22

Rule 10(2):

The Judge returning the plaint should make endorsement on the plaint regarding:

(i) the date of presentation in his Court,

(ii) the name of the party presenting the plaint,

(iii) the reasons for returning the plaint.

Rejection of Plaint:23

Rule 11 of Order 7 of C.P.C. deals with rejection of plaint. Rule 11 says that the plaint will be

rejected in the following cases-

18
Order VII: Rule 3.
19
Order VII: Rule 4.
20
Order VII: Rule 5.
21
Order VII: Rule 6.
22
Order VII: Rule 10.
23
Order VII: Rule 11.
(a) Where it does not disclose a cause of action:

If the plaint filed by the plaintiff does not disclose any cause of action, the Court will reject it,

but in order to reject the plaint on this ground, the Court must look at the plaint and at nothing

else.

The power to reject a plaint on this ground should be exercised only if the Court comes to the

conclusion that even if all the allegation set out in the plaint are proved, the plaintiff would not

be entitled to any relief. In that case, the Court will reject the plaint without issuing summons to

the defendants.

The plaint can be rejected as a whole if it does not disclose cause of action. A part of it cannot be

rejected.

(b) Where the relief claimed is under valued:

Where the relief claimed by the plaintiff is under valued and the valuation is not corrected within

the time fixed or extended by the Court, the plaint will be rejected.

In the considering the question whether the suit is properly valued or not, the Court must confine

its attention to the plaint only and should not look at the other circumstances which may

subsequently influence the judgement of the Court as to the true value of the relief prayed for.

(c) Where it is insufficiently stamped:

Sometimes the relief claimed by the plaintiff is properly valued, but the plaint is written upon a

paper insufficiently stamped and the plaintiff fails to pay the requisite Court fees within the time

fixed or extended by the Court. In that case, the plaint will be rejected.

However, if the requisite Court fee is paid within the time extended by the Court, the suit or

appeal must be treated as instituted from the date of presentation of plaint or memorandum of

appeal for the purpose of limitation as well as payment of Court fee .24

If the plaintiff cannot pay the Court fee, Order 33 provides for continuing the suit as a indigent

person.

(d) Where the Suit appears to be barred by any Law:

24
Section 149,Code of Civil Procedure,1908.
Where the suit appears from the statements in the plaint to be barred by any law, the Court will

reject the plaint. For instance, wherein a suit against the Government, the plaint does not state

that the notice as required by Section 80 of C.P.C. has been given the plaint will be rejected

under this clause.

(e) Where the plaint is not filed in duplicate.

(f) Where the plaintiff fails to complain sub-rule (2) of Rule 9.

(g) Where the plaintiff fails to complain sub-rule (3) of Rule 9A.

Procedures on Rejection of Plaint:

Where a plaint is rejected by the Court, the Judge will pass the order to that effect and will record

the reason for it.25

Effect of Rejection of Plaint:26

If the plaint is rejected on any of the above grounds, the plaintiff is not thereby precluded from

presenting a fresh plaint in respect of the same cause of action.

ORDER VIII (WRITTEN STATEMENT, SET-OFF & COUNTER CLAIM)

WRITTEN STATEMENT (Rule 1-5 & 7-10)

Introduction –

25
Order VII:Rule 12.
26
Order VII: Rule 13.
In legal dictionary, the word written statement means a pleading for defence. However, the

expression ‘written statement’ has not been defined in the code and it is a term of specific

connotation ordinarily signifying a reply to the plaint which is filed by the plaintiff. In other

words, a written statement is the pleading of the defendant wherein he deals with every material

fact alleged by the plaintiff along with any new facts in his favour or that takes legal objections

against the claim of the plaintiff.

R.1. –A defendant should, within 30 days from the service of summons on him, present a written

statement of his defence the period id extendable up to 90 days, but for reasons to be recorded

for such extension. A written statement should be drafted carefully and artistically. All the

general rules of pleading apply to a written statement also. Before proceeding to draft a written

statement it is absolutely necessary to examine the plaint carefully. Like a plaintiff, a defendant

may also take a number of defences, either simply or in the alternative, even though they may be

inconsistent, provided they are maintainable at law and are not embarrassing.

R-1A provides for Duty of defendant to produce documents upon which relief is claimed or

relied upon by him

R.2. New facts must be specially pleaded.

The effect of the rule is, for reasons of practice and justice and convenience, to require the party

to tell his opponent what he is coming to the Court to prove. If he does not do that, the Court will

deal with it in one of two ways. It may say that it is not open to him, that he has not raised it and

will not be allowed to rely on it; or it may give leave to amend by raising it and protect the other

party.

R.3. Denial to be specific.

The defendant must deny specifically with each allegation of fact of which he does not admit the

truth.

R.4. Evasive denial.

Where a defendant denies an allegation of fact in the plaint, he must not do so evasively, but

answer the point of substance. Thus, if the allegation that he received a certain sum of money, it
shall not be sufficient to deny that he received that particular amount, but he must deny that he

received that sum or else set out how much he received.

R.5. Specific denial.

Rule 3 of Order VIII requires that the defendant must deal specifically with each allegation

effect of which he does not admit the truth. Rule 5 provides that every allegation of fact in the

plaint, if not denied in the written statement shall be taken to be admitted by the defendant, What

this rule says is that any allegation of fact must either be denied specifically or by a necessary

implication or there should be at least a statement that the fact is not admitted. If the plea is not

taken in that manner, then the allegation shall be taken to be admitted.

R.7. Defence or set-off founder upon separate grounds

Where the defendant relies upon several distinct grounds of defence or set-off [or counter-claim]

founded separate and distinct facts, they shall be stated, as far as may be, separately and

distinctly.

R.8. New ground of defence

The additional ground of defence must be taken before the commencement of trial. A plea that

the suit was liable to be stayed in view of an arbitration clause in the contract was held to have

been waived, although an additional written statement containing such plea was file and accepted

by the trial court.

R.9. Subsequent pleadings.

Order VII, Rule 9, C.P.C. lays down an important rule of pleading that no pleading subsequent to

the written statement by a defendant other than by way of defence to a set-off shall be presented

except by leave of the Court. The rule requires leave of the Court before any party can make a

further pleading after written statement has been filed. Where a defendant intends the file

additional written statement, he must file an application showing the circumstances as to why he

failed to raise the plea in the original written statement, and the other party must be given

opportunity to meet the motion.

R.10. Procedure when party fails to present written statement called for by Court.
When any party from whom a written statement is required fails to present the same within the

time permitted or fixed by the Court, the Court ‘shall pronounce judgment against him or make

such order in relation to the suit as it thinks fit..

SET OFF

Definition:

Where in a suit by the plaintiff for recovery of money and the defendant finds that he also has a

claim of some amount against the plaintiff what he do is he can claim a set-off in respect of the

said amount. This right of the defendant to claim set off has been recognized under Order 8, Rule

6 of the Code.

Essential Conditions:

A defendant may claim a set-off, if: The suit is for the Recovery of money. The sum of money

must be ascertained; Such sum must be legally recoverable; It must be recoverable by the

defendant or by all the defendants, if not more than one; It must be recoverable by the defendant

from the plaintiff(s); It must not exceed the pecuniary jurisdiction of the court in which the suit is

brought; Both the parties must fill in the defendant’s claim to set-off, the same character as they

fill in the plaintiff’s

Effects: When a defendant claims set-off, he is put in the position of the plaintiff as regards the

amount claimed by him. Where the plaintiff doesn’t appear and his suit is dismissed or he

withdraws, it does not affect the claim for a set-off by the defendant and a decree may be passed

in his favor if he is able to prove his claim.

Illustrations: X sues Y on a bill of exchange. Y alleges that X has wrongfully neglected to insure

Y’s goods and is liable to him in compensation which he claims to set-off. The amount not being

ascertained cannot be set-off. P sues Q on a bill of exchange for Rs. 1500. Q holds a judgment

against P for Rs. 1,000. The two claims being both definite, it may be set-off.
COUNTER CLAIM

Rule 6A to 6G of Order 8 deals with counter-claim. It is claim made by the defendant in a suit

against the plaintiff.

It is a claim independent of and separable from plaintiff’s claim which can be enforced by a

cross section. Counter-claim can be set up in respect of action accruing to the defendant either

before or after the filing of the suit but before the defendant has delivered his defense OR before

the time fixed for delivery of his defense has expired. Such claim should not exceed the

pecuniary limits of the jurisdiction of the concerned court. The counter-claim is to be treated as a

plaint and the plaintiff can file a written statement in answer to it. Counter-claim can be filed

after filing of written statement.

 APPLICATION FOR ANTICIPATORY BAIL

Anticipatory bail - refers to a pre-arrest order passed by a court that says that in the event a

person is arrested, he is to be granted bail.

The ‘anticipatory’ labelling of the order can be misleading as it is not an order which grants a

person bail before he is arrested as bail cannot come into effect before a person is arrested.

Having said that, the fundamental difference between an order for bail and one for anticipatory

bail is that the former is granted only after arrest (and becomes operative subsequently) but the

latter is granted before arrest and hence is operative from the moment of arrest.

What is the law concerning Anticipatory Bail?

The provisions concerning anticipatory bail are to be found in section 438 of the Criminal

Procedure Code (CrPC), 1973. The section is reproduced as follows:

(1) When any person has reason to believe that he may be arrested on an accusation of having

committed a non-bailable offence, he may apply to the High Court or the Court of Session for

direction under this section; and that court may, if it thinks fit, direct that in the even of such

arrest, he shall be released on bail.

(2) When the High Court or the Court of Session makes a direction under sub- section (1), it may

include such conditions in such directions in the light of the facts of the particular case, as it may

thinks fit, including –

(i) A condition that the person shall make himself available for interrogation by a police officer

and when required;

(ii) A condition that the person shall not, directly or indirectly,- make any inducement, threat or

promise to any person acquainted with the facts of the case so as to dissuade him from disclosing

such facts to the court or to any police officer,

(iii) A condition that the person shall not leave India without the previous permission of the

court;
(iv) Such other condition as may be imposed under sub-section (3) of section 437, as if the bail

were granted -under that section.

(3) If such person is thereafter arrested without warrant by an officer in charge of a police station

on such accusation, and is prepared either at the time of arrest or at any time while in the custody

of such officer to give bail, he shall be released on bail, and if a Magistrate taking cognizance of

such offence decides that a warrant should issue in the first instance against that person, he shall

issue a bailable warrant in conformity with the direction of the court under sub-section (1).”27

When is it granted?

It is granted when a person expects arrest in a non-bailable offence for which police is not

empowered to grant bail except under certain circumstances and the court is ensured that

investigation process will not be hampered if the accused is not arrested.

By Whom is it granted?

It is granted by Sessions Court or High Court when it thinks fit to do so.The High Court and the

Sessions Court have concurrent jurisdiction.

Purpose of Anticipatory bail

The main purpose is:

•To prevent a person from not being obliged to go to jail for the accusation for which he can

move to the court for release of wrong apprehension of committing a crime.

•To prevent harassment in police custody.

Considerations to exercise discretion

The Courts have felt that wide discretionary power conferred by the Legislature on the higher

echelons in the criminal justice delivery system cannot be put in the form of strait-jacket rules for

universal application as the question whether to grant bail or not depends, for its answer upon a

variety of circumstances Section 438(1) of the Code lays down a condition which has to be

satisfied before anticipatory bail can be granted.

27
Section 438.
The applicant must show that he has “reason to believe” that he may be arrested for a non-

bailable offence. The use of the expression “reason to believe” shows that the belief that the

applicant may be so arrested must be founded on reasonable grounds. Mere ‘fear’ is not ‘belief’,

for which reason, it is not enough for the applicant to show that he has some sort of a vague

apprehension that someone is going to make an accusation against him, in pursuance of which he

may be arrested. The grounds on which the belief of the applicant is based that he may be

arrested for a non- bailable offence, must be capable of being examined by the court objectively,

because it is then alone that the court can determine whether the applicant has reason to believe

that he may be so arrested. Filing of F.I.R is not a condition precedent to the exercise of the

power under Section 438 and the imminence of a likely arrest founded on a reasonable belief can

be shown to exist even if an F.I.R. is not yet filed. Anticipatory bail can be granted even after an

F.I.R. is filed, so long as the applicant has not been arrested.

The Court in Gurbaksh Singh Sibbia v. State of Punjab28 laid down the following principles

with regard to anticipatory bail:

(a) Section 438(1) is to be interpreted in light of Article 21 of the Constitution of India.

(b) Filing of FIR is not a condition precedent to exercise of power under section 438.

(c) Order under section 438 would not affect the right of police to conduct investigation.

(d) Conditions mentioned in section 437 cannot be read into section 438.

(e) Although the power to release on anticipatory bail can be described as of an "extraordinary"

character this would "not justify the conclusion that the power must be exercised in exceptional

cases only." Powers are discretionary to be exercised in light of the circumstances of each case.

(f) Initial order can be passed without notice to the Public Prosecutor. Thereafter, notice must be

issued forthwith and question ought to be re- examined after hearing. Such ad interim order must

conform to requirements of the section and suitable conditions should be imposed on the

applicant.

28
1980 AIR 1632, 1980 SCR (3) 383.
Conditions for granting of bail

•That the person will make himself available whenever police demands it for questioning.

•He would not pressurize any person having information about the case to not to give it to the

court.

•He would not flee to any other country without previous permission of the Court.

•He must be present at final hearing of the Court himself.

When the bail is not granted?

•When the application is for the offences under certain specific statutes like the Scheduled Castes

and Scheduled Tribes Act, 1989 and the Defence of India Rules, 1971.

•When the offence is serious like murder or rape.

Procedure for granting bail:

•The application is made to the Sessions Court or High Court. If the application is rejected by the

Sessions Court it can be filed again in the High Court but not vice versa.

•It may be filed in the jurisdiction of the court where the accused expects the offence would be

committed or where he would be arrested.

•The Court after checking various grounds like

1) Nature and gravity of offence.

2) If he had been earlier accused of a cognizable offence

3) If he wishes to flee from justice,

the court may grant an interim order for the anticipatory bail after giving directions under section

438 (2) if thinks fit or reject it.

•If the Court grants the anticipatory bail it is necessary for it give notice within 7 days to the

public prosecutor and the superintendent of police to give the public prosecutor an opportunity of

being heard.

•If it is rejected the police has the authority to arrest the person without the necessary warrant.

•The Court Anticipatory bail can be cancelled at any time when the court feels that the directions

are not followed or there is problem in investigation due to grant of anticipatory bail.

•When the person is arrested without warrant the police in charge of custody shall grant bail

when it is prepared and the magistrate can give warrant of bail at the first instance.

Cancellation of anticipatory bail

The power to cancel the Anticipatory Bail is vested with the Court who grants the same, which

can be due to new or supervening circumstances arise after the release on bail such as abuse of

liberty by hampering the investigation or tampering with witness or committing same or similar

offence or a case is made out in a petition filed under Section 439 of Criminal Procedure Code,

1973. The Courts may therefore grant anticipatory bail, but with a view to prevent the person

hampering the investigation provision/s may be made by the Court granting anticipatory bail

subject to such conditions as it thinks fit.29

IN THE HON'BLE COURT OF SESSIONS JUDGE, CHANDIGARH

29
http://hariani.co.in/newsletters/19517_Grant_of_Anticipatory_Bail.pdf
 BAIL APPLICATION NO. -------- OF 2019

Loveleen aged 38 years wife of Sh Parminder , R/o House No. 275, Sector 21-A,

Chandigarh.

……Petitioner

Versus

State of U. T. Chandigarh

…… Respondent

Petition under section 438 Cr.P.C. for the grant of

anticipatory bail to the petitioner in case FIR NO .35

dated 19.03.2019, u/s 75 and 79 of Juvenile Justice

(Care and protection police of Children) Act , 2015,

Police Station Sector 19, Chandigarh.

AND

RESPECTFULLY SHOWETH: -

1. That the petitioner is peace loving citizen and residing at given address along with

her family.

2. That the petitioner has no criminal background and has never been involved in any

case throughout till the filing of the petition.

3. That the petitioner is living with husband, son and small daughter (both minors).

Few days back Ram Bahadur and wife Smt. Angoori had approached petitioner with

the request that they have six daughters and one son and are not in a position to

afford education to their daughter namely Mithlesh. On their repeated request the

petitioner agreed to bear the expenses of Mithlesh and also to provide education. The

daughter of the petitioner is also of the same age group as that of Mithlesh. Already
 the petitioner has decided to afford the expenses of one child and accordingly the

petitioner agreed to provide education to Mithlesh and also bear her other expenses

and Mithlesh started living with the petitioner.

4. That after few days some persons inimical to the petitioner lodged some false

complaint for the reason best known to him, as a result of which the child was taken

by some person and after few days the petitioner came to know that Mithlesh under

the influence of some person made to give statement before authorities and lastly the

present FIR was registered against the petitioner. The petitioner then met the parents

of the child who were also helpless as the custody of the child was not given to them.

The parents of the child have also given written in the shape of affidavits regarding

the facts of the matter. The photocopies of the affidavits of parents of child are

enclosed as Annexure P-1 and P-2 respectively for ready reference.

5. That Mithlesh was living with the children of the petitioner only for about a week in

which the daughter of the petitioner, along with the petitioner have also started

giving education to Mithlesh.

6. That the provisions of Section 75 and 79 of the Juvenile Justice Act (Care and

Protection of Children) Act , 2015 are even not applicable to the facts and

circumstances of the present case. Moreover, the Hon'ble High Courts even already

held that even if there is employment of child in household is permissible to the

extent that the child is not kept in bondage and in the present case the child was

neither kept for bondage nor for employment, but only for her study purpose without

making any payment to the child or her parents and the entire expenses of the study

was to be met by the petitioner.

7. That the petitioner never kept Mithlesh for domestic work and moreover never paid

amount to her or her parents regarding the keeping of the child at the request of

parents for the purpose of providing child basic education.

8. That the complaint have been made by person inimical to the petitioner with for any

the her the some ulterior motive and the same is false and manipulated.

9. That the petitioner is every apprehension that she might be arrested by the police in

the present case and if the petitioner is arrested then the petition would become

infructuous.
 10. That the petitioner is ready to join the investigation as and when called for or as

directed by this Hon'ble Court, if required.

11. That the petitioner is ready to abide by all terms and conditions that may be imposed

by the Hon'ble Court while granting the concession of anticipatory bail.

12. That there is no likelihood of petitioner tempering with any kind of evidence in the

case or her leaving India or the present place of residence.

13. That the petitioner has not filed any such or similar petition either in this Hon'ble

Court or in any court of law.

PRAYER

It is, therefore, respectfully prayed that this petition may kindly be accepted and the

petitioner be granted anticipatory bail in FIR No.35 dated 19.03.2019, u/s 75 and 79 of

Juvenile Justice (Care and Protection 2015, Police Station Sector 19, of Children) Act ,

Chandigarh, in the interest of justice.

It is further prayed that during the pendency of the present bail petition the arrest of the

petitioner may kindly be stayed, in the interest of justice.

It is further prayed that any other order or direction which this Hon' ble Court may deem fit

may also be passed in the interest of justice.

Place: -------------------

Dated: Petitioner

Through Counsel

Rajiv kumar, Advocate,

Sessions Court, Chandigarh

 AFFIDAVIT

IN THE HON'BLE COURT OF SESSIONS JUDGE, CHANDIGARH

BAIL APPLICATION NO. -------- OF 2019

Loveleen aged 38 years wife of Sh. Parminder, R/o House No. 275, Sector 21-A,

Chandigarh.

……Petitioner

Versus

State of U. T. Chandigarh

…… Respondent

Affidavit of petitioner

Respectfully Showeth:

I Loveleen, wife of Sh. Parminder do solemnly affirm as follows:

1. That the petitioner/deponent is filing the accompanying petition for the grant of

anticipatory bail. The contents of the petition may be read as part and parcel of the

present affidavit.

2. That the contents of the petition are read over to the petitioner/deponent and the same has

been understood by him and are true and correct.

3. That the contents of the document are true and correct to the knowledge and belief of the

deponent. No part of it is false and nothing material has been concealed therein.

Place: ------------

Date: Deponen
 VERIFICATION

I, Loveleen, wife of Sh. Parminder, the petitioner, residing as above, do hereby

solemnly state and declare that the contents of the all the paras are true to my own

knowledge and belief.

Place: ---------------

Date: Deponent
 BIBLIOGRAPHY

BOOKS:

 C.K. Takwani; Civil procedure (7th Ed),2013, Eastern Book Company Lucknow.

 Chaturvedi A.N.- Pleading, Conveyancing and Drafting and Legal Professional Ethics

WEBSITES:

 https://www.lawnotes4u.in/2018/09/plaint-order-7-cpc-meaning-essentials-particulars-form-

etc..html

 https://www.legalbites.in/essentials-of-a-plaint/

 https://legaldesire.com/pleadings-rules-amendments/