ANTICIPATORY BAIL

IN THE DISTRICT AND SESSIONS COURT

CRIMINAL M.C. No. 1 of 2020

IN THE MATTER OF
State/Union of India ……………………
Petitioner

VERSUS

Mr. V ………………… Defendant

FIR Number: - xyz

Under Section: - 376 of India Penal Code (IPC)

BAIL APPLICATION U/S 438 Cr.P.C. FOR GRANT OF ANTICIPATORY BAIL ON

BEHALF OF THE ACCUSED (MR. V)
To,
The Hon’ble Sessions court judge (judicial magistrate) and his companion judges.
It is most respectfully submitted: -
1. That the present FIR has been registered on false and bogus facts. The facts stated in
the FIR are fabricated, concocted and without any basis.

2. That the police have falsely implicated the applicant in the present case, the applicant
is a respectable citizen of the society and is not involved any criminal case

3. That the applicant is not required in any kind of investigation nor any kind of
custodial interrogation is required.

4. That the applicant is having very good antecedents, he belongs to good family and
there is no criminal case pending against them.

5. That the applicant is a permanent resident and there are no chances of his absconding
from the course of justice.
6. That the applicant undertakes to present himself before the police/court as and when
directed.

7. That the applicant undertakes that he will 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.

8. That the applicant further undertakes not to tamper with the evidence or the witnesses
in any manner.

9. That the applicant shall not leave India without the previous permission of the Court

10. That the applicant is ready and willing to accept any other conditions as may be
imposed by the Court or the police in connection with the case.

11. That the succinct facts giving rise to the present application are as herein below:

a) A fir was lodged under section 376 by Mr. A stating that his daughter was
raped by Mr. V.

b) The fir stated that Mr. V used to follow his daughter daily while she would go
to work and one day as she could not get any means of transportation to reach
home, she asked for a lift from Mr. V.

c) Mr. V took her to an isolated place and raped her on 6-3-2020.

d) When the statement of the victim was recorded on 10-3-2020 she stated that it
was not an act of rape but was a consensual sex as they loved each other.

e) The statement of the accused also stated the same thing.

f) The statement of the victim recorded after she came back home. It was stated
that she was subjected to rape for 4 continuous days.

g) The medical report states no definite opinion as regards the commission of

rape

h) The FIR lodged by Mr. A has been annexed herewith as ANNEXURE-A.

i) The statement of the victim recorded on 10-3-2020 has been annexed herewith
as ANNEXURE-B.

j) The medical reports on the matter testing the commission of rape has been
annexed herewith as ANNEXURE-C.
 k) That it is submitted that from the above facts it is clear that the matter is still
subjudice and there is no need to implicate the applicant when the Court is still
rightfully deciding upon the matter.

l) That no useful purpose will be sufficed by sending the applicant to the jail,
when he has not even committed the alleged civil dispute, since there is no
prima facie case met out against him till yet. Thus, that the applicant is seeking
an anticipatory bail by this Hon’ble Court.

m) That the applicant has not filed any other bail application under section 438
Cr.P.C seeking anticipatory bail. Thus, it is humbly prayed that this Hon’ble
Court may be pleased to grant an anticipatory bail, to the limit and extent as
detailed hereinabove.

GROUNDS: -
A. FOR THAT In the statement of victim recorded on 10-3-2020 (ANNEXURE B), the
victim admits the act to be consensual and not an act of rape.

B. FOR THAT The statement of the accused matches the statement of the victim
agreeing that the act was not rape and they loved each other.

C. FOR THAT The medical reports (ANNEXURE C) do not produce any evidence on
the commission of rape and do not, beyond reasonable doubt, prove the happening of
rape.

D. FOR THAT The victim changed her statement on returning home under the undue
influence of the father, Mr. A, who is trying to maliciously prosecute the applicant of
the bail, Mr. V.

E. FOR THAT In the catena of judgments, Gurbaksh Singh v State of Punjab, AIR
1980 SC 1632; Pokar Ram v State of Rajasthan, AIR 1985 SC 969;Siddhram v State
of Maharashtra, (2011) 1 SCC 694, it has been observed that where in it appears
exceptionally that an accused may be falsely implicated or frivolous case may be
launched against him, then power under Section 438 CrPC can be exercised to meet
the ends of justice.

F. FOR THAT The applicant further undertakes to abide by all the terms and conditions
imposed upon them by this Hon’ble Court while granting him anticipatory bail.

G. FOR THAT Further unnecessary litigation must be prevented and the applicant be
granted anticipatory bail, to prevent further injustice and inconvenience to the
applicant.
PRAYER: -
 It is therefore prayed that the court may direct the release the applicant on bail
in the event of his arrest by the police.

 Any other order which the court may deem fit and proper in the facts and
circumstances of the case may be also passed in favour of the applicant.

PLACE: Delhi Applicant: Mr. V

DATE: 30-04-20 Through Counsel: Vedant Tapadia