BEFORE THE DISTRICT AND SESSIONS JUDGE COURT

AT (give the name of the District Court where the bail

application format India is being filed)

IN THE MATTER OF

STATE ………………. Complainant

VS

Mr. Mohan Sing ………………… Opponent / Accused

APPLICATION U/S 239 OF CR.P.C. FOR

DISCHARGE THE ACCUSED OF
PRESENT PETITION FILED BY THE
COMPLAINANT UNDER SECTION 124 A
OF I.P.C.

MAY IT PLEASE YOUR HONOUR

IT IS MOST RESPECTFULLY SUBMITTED ON BEHALF OF

THE APPLICANTS/ ACCUSEDS ABOVE NAMED

1. That the present petition under IPC 124 A, filed by the

complainant against the Accused is gross abuse of process of
law. The present petition is filed to squeeze out money and
harass the already distressed and exhausted Accused and
making him to contest the false cases filed by the complainant
to fulfil their ulterior motives.

2) It is submitted that, no evidence, whatsoever, is adduced in

support of and to attract the key ingredients of the section
124A IPC. All the allegations are bereft of details and thereby
vague in nature.
 It is submitted that, none of the witness’s statements under
Cr.P.C 161 supports Accused allegations in FIR. Even charge
sheet allegations were not supported by the witnesses of the
case.

NO INVESTIGATION AT THE SCENE OF OFFENCE

It is submitted that, investigation officer conducted improper

investigation and the investigation report does not comply
with the sections of IPC and thereby the following
consequences were resulted:

It is submitted that, the complainant failed to reveal the facts

and to collect the documentary evidences. Complainant
supplied false information to this Hon’ble Court, through the
Section 173(5) submissions.

INSTITUTING A LITIGATION WITH MALAFIDE

INTENTIONS

That the filing of the complaint, unleashed by Complainant

with an uncontained malicious vendetta, after an unexplained
delay of around

5. Complaint:

That the accused being a cricketer himself had been to

watch the match at the stadium. During the on-going match
Mr. mohan singh being a sportsperson screamed “Come on
boys you can beat them, you guys are not less than anyone”
cheering to the Sakistani Team. This statement caught ears
not only in the stadium but also spread like a wild fire in
the forest throughout the country.
APPROACHING THE COURT WITH UNCLEAN HANDS

That the complainant has approached the court with unclean

hand to outraged the modesty of the accused. And all the allegation
are false and untrue.

IMPROPER INVESTIGATION BY INVESTIGATING

OFFICER

It is submitted that, Fair investigation and Fair trial in a

criminal case have been read as part and parcel of Article 21
of the Constitution of India which guarantees to every
person, the fundamental right to life and personal liberty.

PRAYER

Hence, in view of afore stated legal grounds which are aptly

supported by facts and circumstances, culled entirely from
documents submitted and relied on by prosecution itself in the
instant case, it is crystal clear that there is no prima facie case made
out, attracting section 124A of IPC and as such, it is most
respectfully prayed to this Hon’ble Court that

1) The false petition/complaint of the complainant may kindly

be rejected in its entirety and the Accused be discharged from
this false litigation implicating them in 2021,
2) Any other order/direction/guidelines may also kindly be
passed against the Accused along with Head of his
department/unit, as this Hon’ble Court may deem fit, just and
proper, according to the facts and circumstances of the present
false case, in a direction to bring about meaningful, effective
and improvement in their investigation procedures.
4) Any other order/direction may also kindly be passed against
the Complaianat as this Hon’ble Court may deem fit, just and
proper, according to the facts and circumstances of the present
false case considering the perjury committed u/s 340 Cr.P.C,
by Complainat on Hon’ble Court.
5) Any other order/relief/direction may also kindly be passed in
favor of the Accused as this Hon’ble Court may deem fit, just
and proper, according to the facts and circumstances of the
present false case.

Place:

Date:

Advocate for the Applicant

(Adv. Suvarna J. Machhi)