IN THE HON’BLE COURT OF DISTRICT AND SESSIONS

JUDGE, SAKET COURTS, DELHI

BAIL APPLICATION NO. ____/2022
IN THE MATTER OF:
ZAID KHAN …APPLICANT/ACCUSED
VERSUS
STATE OF NCT OF DELHI …RESPONDENT
FIR NO. 0249/2022
PS: TIGRI, U/S: 498A/406/34 IPC
INDEX
S. NO. PARTICULARS PAGE NO.
1. ANTICIPATORY BAIL APPLICATION
UNDER SECTION 438 CRPC IN THE FIR NO.
0249/2022 ON BEHALF OF THE APPLICANT/
ACCUSED NAMELY ZAID KHAN
2. COPY OF FIR BEARING NO. 0249/2021, U/S
498A/406/34 IPC, PS. TIGRI.
3. COPY OF SCREENSHOT OF
COMPLAINANT SOCIAL MEDIA
ACCOUNTS AND CHATS.
4. VAKALATNAMA

APPLICANT/ACCUSED
THROUGH
DELHI
DATE: 18.02.22021
LAL SINGH THAKUR & ASSOCIATES
ADVOCATES,
Enrl: No.D1522/1995
OFFICE: 486, SUNVIEW APT.,
PKT 4, SEC 11, DWARKA, NEW DELHI
MOB: NO.9212046428
Email: thakuradvocates@yahoo.co.in
 IN THE HON’BLE COURT OF DISTRICT AND SESSIONS
JUDGE, SAKET COURTS, DELHI
BAIL APPLICATION NO. ____/2022
IN THE MATTER OF:
ZAID KHAN …APPLICANT/ACCUSED
VERSUS
STATE OF NCT OF DELHI …RESPONDENT
FIR NO. 0249/2022
PS: TIGRI, U/S: 498A/406/34 IPC
MEMO OF PARTIES
SH.ZAID
S/O SH. CHAND BABU
R/O D-36, ABDUL FAZAL ENCLAVE
OKHALA, JAMIYA NAGAR, NEW DELHI
…APPLICANT/ACCUSED
VERSUS
STATE OF NCT OF DELHI
THROUGH ITS CHIEF SECRETARY
IP STATE, NEW DELHI …RESPONDENT

APPLICANT/ACCUSED
THROUGH
DELHI
DATE: 28.02.22021
LAL SINGH THAKUR & ASSOCIATES
ADVOCATES,
Enrl: No.D1522/1995
OFFICE: 486, SUNVIEW APT.,
PKT 4, SEC 11, DWARKA, NEW DELHI
MOB: NO.9212046428
Email: thakuradvocates@yahoo.co.in
 IN THE HON’BLE COURT OF DISTRICT AND SESSIONS
JUDGE, SAKET COURTS, DELHI
BAIL APPLICATION NO. ____/2022
IN THE MATTER OF:
ZAID KHAN …APPLICANT/ACCUSED
VERSUS
STATE OF NCT OF DELHI …RESPONDENT
FIR NO. 0249/2022
PS: TIGRI, U/S: 498A/406/34 IPC

ANTICIPATORY BAIL APPLICATION UNDER SECTION 438

CRPC IN THE FIR NO. 0249/2021 ON BEHALF OF THE
APPLICANT/ ACCUSED NAMELY ZAID KHAN
IT IS RESPECTFULLY SHOWETH:
1. That the present anticipatory bail application has been filed by the
applicant/accused , who is having a strong apprehension of arrest in
a false criminal case lodged by the complainant namely Smt. ILMA
registered with P.S. TIGRI, New Delhi, U/s 498A/406/34 IPC. The
copy of the FIR is annexed as ANNEXURE P-1 for the kind and
ready reference to this Hon’ble Court.

2. That the applicant/accused is the peace loving and law abiding

citizen of India and is residing at above mentioned address, aged
about 34 years and enjoying the clean antecedent in his life.

BRIEF FACTS OF THE CASE ARE AS FOLLOWS:

A.That the marriage between applicant/petitioner and complainant was

solemnized in a simple manner and no dowry/demands were made
by him and his family and no dowry/gift were demanded or taken by
him or his family members.
B. That a marriage proposal having been brought to the applicant/accused
parents in the year 2016 by asserting that complainant as a girl being
religiously pious and absolutely dedicated to the family wellbeing,
and therefore, well suited to be given in Nikah to applicant/accused.
Keeping in consideration that the marriage proposal came at the
instance of a common relative, and the qualities of the girl
showcased were apparently matching to what applicant/accused
parents were looking for, and as such, applicant/accused parents
agreed to go ahead with family discussions over the marriage
proposal extended by complainant and her parents.

C. That Over the course of different round of discussions on the

marriage proposal, applicant/accused parents were given an
understanding from complainant/wife end that she will be the kind
of girl, if married to applicant/accused, will carry along the entire
family as a jointly knitted union, and shall take care of
applicant/accused, and all her righteous wishes in best possible
manner. This is all the parents will look for while deciding a suitable
bride for their loving son. Accordingly, the engagement ceremony
was solemnized on 20.10.2016 in the presence of relatives and
friends.

D. That once both of applicant/accused and complainant/wife were

engaged, applicant/accused tried to contact complaint/wife to speak
over phone so as to develop better understanding and a common
compatibility. However, to the utter surprise for applicant that
complaint/wife absolutely refused to have any contact with
applicant/accused before the marriage takes place. This was
certainly strange for applicant/accused and devoid of common
understanding with which an engaged couple actually react.
Apparently, the reason for not keeping any contact post engagement
and prior to the marriage was given by complainant/wife on the
spiritual/religious premise stating that before marriage she is "Ghair
 Mehram" for applicant/accused, and it shall not be appropriate for
her to develop any kind of intimacy or contact with
applicant/accused before Nikah. Even the mother of
complainant/wife cited the same reason to avoid initial contact
between complainant/wife and applicant/accused. It shall not be out
of place to mention that before engagement and thereafter, till the
marriage was solemnized, a fake impression was created by
complainant/wife and her family members that complainant/ wife is
a devoted and strict practicing Muslim and that her modesty and
spiritual guidance are always paramount for her. It was also
showcased that complainant/wife follows to perform routine namaz
and also follow permissible pardah that a normal Muslim household
in our fraternity follows. The aforesaid representation instead
appeared more appealing to applicant/accused and his parents that
applicant/accused had no problem in having no contact with
complainant/wife before the marriage, under the impression and
understanding as represented above.

E. That thereafter, marriage was scheduled, and on 20.03.2020, his

Nikah with complainant/wife was performed in the presence of two
competent witnesses and all other relatives and friends with all
pomp and show. His parents before this marriage requested to wife’s
parents to not take unnecessary burden towards gifts etc. and
requested that the girl may be sent with bare minimum essential
clothing only and nothing else.

F. That after Nikah, the complainant/wife were brought to her

matrimonial house at from her parent's home at Sangam Vihar, New
Delhi. Soon after the marriage, applicant/accused noticed that
complainant wife is in the habit of picking unwarranted fights with
applicant/accused and applicant family members for no justifiable
reason. Later, complainant/wife also resorted to misbehave with the
elders of his family along with applicant, and started creating
 unnecessary scene in his family for one or another pity reasons
solely to assert her desire to live separately from her in-laws. Right
from the day the marriage happened i.e., 20.03.2020 till the next 12
days, complainant/wife was consistently refusing to cohabit with
applicant/accused for no reason at all. This led to immense mental
stress to applicant/accused, however, applicant/accused was not in a
position to disclose it with anyone for obvious reasons.

G. That complainant/wife was found to be extremely casual in her

approach, and was not bothered for taking care of the slightest of
household responsibilities. The misbehavior of complainant/wife
towards his parents and his sisters pacing up even further. For one
reason or the other, she always looked for a window to break fight in
the house by speaking lies against one family member or the other.

H. That the extent of her evil design even went to the extent that out of
jealousness (for no reason) complainant created a fake ID of his
sister Ms. Namra Khan by the profile name "sidra sidra" and had
been handling it with contents absolutely alien and beyond
applicant/accused knowledge and his sister knowledge. Gradually,
this persistent discontent among the family members started
widening gap between her and his other family members.

I. That Some of the many such relevant instances of her malafide

conduct in the family (as mentioned above) are just to give a
glimpse of the kind of mental stress given by her and her family
members on different occasions. For example, immediately after a
month from marriage, i.e. in March 2020, she resorted to pick
unwarranted fight with applicant/accused just because she wanted to
stay in a nuclear arrangement, to which applicant/accused did not
agree, and then she misbehaved with applicant/accused and fought
for no valid reason at all. Upon this unfolding of events, her parents
were informed about the same, to which her parents categorically
 stated that since Ilma is married to her, therefore, all responsibility
of her and whatever she does is on applicant/accused and they
refused to intervene and to make yourself understand. Her parents
especially the mother never gave the kind of respect, that a son-in-
law deserves. She always with her mother 'Smt. Gudia' used to make
fun of applicant/accused by name calling him such as 'Mota' etc.
This certainly added more stress and mental agony on the already
distressed family environment at the behest her. That soon after the
marriage, applicant/accused gradually started noting the uncalled
behavior/approach of other unknown boys. Once applicant/accused
took her to the Dominos at Community Centre, post the first
lockdown was lifted in 2020, and applicant/accused asked her to
remain seated inside car, and she himself went to get the pizza from
the Dominos pickup outlet. While applicant/accused was
approaching the car after picking up the pizza, applicant/accused
noticed that complainant/wife establishing unwarranted eye contact
with some of the unknown boys standing adjacent to car and was
giving gestures which does not suit to a girl who is married and
belong to a respected family. An intense fight on this incident.
Applicant/accused confronted the Notice with what he noticed you
doing. After some time, complainant promised not to repeat such
things in future ever again.

J. That despite of the above repeatance shown by applicant/accused,

she continued to create an uneasy environment at house in bits and
pieces on regular basis. The applicant/accused was always
apprehensive as to what event shall be picked by her to create an
unpleasant atmosphere at home, because, with the course of every
passing time in the marriage, applicant/accused got to know that she
have this peculiar nature imbedded in her whereby complainant are
in the habit of finding ways and means to pick small fights at home,
and later exaggerate it to an extent, where the intervention of her
parents become incumbrance to resolve the so called dispute brought
 forth by her. This entire unpleasant development at home was a
major source of stress to applicant/accused and his family members,
including his aged parents.

K. That somewhere, after a month of the marriage, applicant/accused

bought a mobile phone for her as she was having any mobile device
with her right after the marriage. Before marriage, she was using, the
mobile device of her mother. Once the phone was given, there was
an instance where applicant/accused (as a husband) got access of her
mobile where applicant/accused noticed some extremely surprising
photographs of her wherein, she have been wearing, revealing
cloths, even transparent made of net with only undergarment visible
underneath, and even exposing, her cleavage, and posting it online
on different social media handles such as Instagram etc, being run
by her.

L. That was extremely shocking for applicant/accused to note that all

the representation of pious and religious image as shown prior to
marriage were totally fake and fabricated. More surprising was the
fact to know that all these photographs were clicked and shared on
the social media, post her marriage with applicant/accused. On
further details being ascertained from the mobile, applicant/accused
was stunned to note that a boy by the name of Shoaib who is a friend
of complainant/ wife’s brother Aman and who runs his social media
by the name 'Samar Saifi' has been in love affair with
complainant/wife since so long. Multiple posts and photographs
were found by applicant/accused this effect which have been
retained by applicant/accused copy of the same for reference and
record and towards evidence to be produced before appropriate
place. When she was confronted with all these things about Shoaib,
admitted having love affair with him, and asserted even to the extent
that she always wanted to marry Shoaib, however, under immense
pressure she was forcefully married to applicant/accused, and as
 such she still is in contact with Shoaib even after the marriage. This
was also the reason why she never wanted to remain in contact with
applicant/accused after the engagement in 2016. The copy of
screenshots of chats and undergarment visible underneath, and even
exposing, her cleavage, posted in social media handals is annexed as
annexure is kind and ready reference for this Hon’ble court.

M.That after the marriage on 20.03.2020, complainant hardly stayed at

her matrimonial house with her husband not more than 3 months in
consolidation. Every other day between 15-20 days interval,
complainant would insist to go to her parents' house in Sangam
Vihar, and stay there at least for 15-20 days. After the aforesaid
incident wherein, applicant/accused noted highly disturbing contents
from her mobile, complainant left applicant/accused house on
05.11.2020, and since then complainant has been in her parent's
house till as on date, and also did not have spoken to
applicant/accused even on phone. Instead, no stone have remained
unturned at her end to defame, threaten, humiliate and harass
applicant/accused and his family members. complainant has been
circulating false rumors of mine being a gay, and not capable of
doing intercourse and being impotent in wide public sphere. This is
extremely defamatory and circulated with ill intent to tarnish to
applicant/accused image and to engulf applicant/accused with
utmost humiliation at home and in society. Though,
applicant/accused while doing so had absolutely forgotten that by
applicant/accused, complainant conceived on two different
occasions, and it is she who could not carry the child and the
miscarriage happened on both the occasions.

N. That once this issue was brought to the notice of her parents, they
instead started threatening to applicant/accused and my parents of
dire consequences if complainant will not taken to her matrimonial
house. The evidentiary record to this effect is retained by
 applicant/accused to be used and presented at appropriate stage.
Further, even the father of complainant on one occasion admitted to
have given wrong upbringing to her and was profusely apologizing
to what her daughter is indulged in and how they reacted earlier.
Relevant call records is annexed as annexure A-3 is kind and ready
refrence for this Hon’ble court.

O. That the complainant have been repeatedly giving threats of the like
nature time and again to applicant/accused on regular basis, that
applicant/accused eventually started fearing of her attitude and
behavioral pattern. One such threat came to applicant/accused from
the WhatsApp number of the mother of applicant/accused wife.

P. That her aforesaid acts ranging from regular fights, humiliation,

having love affair with the boy named Shoaib, trying to defame my
sister by creating fake Instagram ID, misbehaving with
applicant/accused and my parents, and humiliating, falsely circulate
applicant/accused being a gay and impotent, all over the course of
short span of time, have completely broken down this marriage
existing between her and applicant/accused, which already was
passing through immense distrust and belligerence on her part for
long now.

Q. That Multiple efforts were undertaken to bridge the differences, the

most recent being the panchayat held in this respect where her father
appeared and agreed to all the above points against complainant, but
was helpless to get her understand the gravity of situation which led
to happen everything as mentioned above, that ought not have
happened and be avoided, had better sense prevailed on her to live
peaceful and happy married life with applicant/accused.

R. That it is important to mention here that under the aforesaid facts

and circumstances when all the efforts of persuasion and
 reconciliation have been failed and applicant/accused found that
complainant was involved in extra marital affair and talking with
many boys even caught red handed number of times and discussed
with her parents in family panchayat but all efforts of persuasion
have been failed then applicant accused was forced to send legal
notice talaq-a-hasan as per the provisions of Muslim Law 2019
dated 29.7.2021 , and 29.9.2021 to my wife but in the counter blast
of my wife I received aforesaid notice from my wife and her family
members have preferred to file a forged and fabricated complaint
with CAW cell police station sector-21, Faridabad (Mahila Thana).
The copy of the notice talaq-A- hasan is annexed as annexure p-4 is
kind and ready refrence for this Hon’ble court.

S. That After receiving the information that complainant/accused has

lodged a false and fictitious criminal complaint after receiving the
aforesaid divorce notice against applicant/accused and his family
members. Applicant/accused appeared before the concerned
authority and investigation officer Smt. Sonika Danki, S.I of Mahila
Thana Police Station Sector-21, Faridabad, Haryana, appeared 3
times and apprised the true facts even in the police station
complainant and her family members have also threatened
applicant/accused to get my father and my brother into a false case
and threatened applicant/accused to face the dire consequences if
applicant/accused would not pay the amount of 10 lakhs to her, after
proper enquiry when the concerned investigation officer came to
know that the that my wife has lodged a false and frivolous case on
the basis of concocted facts, the complaint was closed by the
concerned police station but despite of lodging the first case in
Faridabad, complainant in order to black mail and harass
applicant/accused and my family members lodged the same kind of
complaint in police station Tigri the aforesaid FIR no.249/2022 u/s
498,406,34 IPC has been registered against applicant/accused and
my family members, after going through the FIR complainant has
 alleged very serious false and frivolous, defamatory and scandalous
allegation against my brother namely Abuzir, who is also married
and father of one child, in order to pressurized the entire family.

T. That it is also a matter if surprise that the cousins sister of my wife

Reshma W/o Abid Ali, R/o House No. 1097, Gali No.3, Block-B
Sangam Vihar, Delhi-110080, has also preferred to file a same kind
of false case against her in-laws in order to black mail and terrorize
the entire family, it shows the aforesaid FIR has been lodged by
complainant at the instance of her parents in order to pressurize
applicant/accused and his family members in order to extract money
on the basis of alleging false and fictitious and malicious case
against applicant/accused and my family members therefore, that
you may kindly look into the matter personally that,
applicant/accused and his family have been enjoying respect and
goodwill in the society and till date not a single complaint has been
lodged against applicant/accused and his family and only respect the
asset of respect but after lodging off the complaint by my wife, his
family members are in utter disbelief and shock from this false and
fictitious in order to extract money and blackmail applicant.
Applicant/accused are disturbed both physically and mentally and
living under continuous threat and apprehension of any mis
happening from complainant/wife in order to harass or humiliate
applicant/accused. The applicant /accused is ready filed a detail
complainant against his wife on dated in consent police officers not
action has been taken against his wife. The copy of complainant
dated _______ is annexed as annexure A-5 is kind and ready
refrence for this Hon’ble court.

2. That the Applicant/accused is innocent person and nothing to do with

the alleged offence as alleged by the Complainant in the false and
malicious complaint, filed by the complainant.
3. That the applicant/accused has been enjoying the clean antecedent in
his life, and respectable person, enjoying the goodwill in the society
and locality.

4. That the Complainant has deliberately and intentionally lodged the false
complaint just to harass, blackmail to the applicant/accused and his
family members.

5. That the Complainant has been adopting all pressurize and blackmail
tactics with malafide intention to extract the money from the innocent
family of the applicant/ accused, in the name of arrest in the false
criminal case, the applicant/ accused was terrorized by the Complainant
and her family members.

6. That the applicant/ accused belongs to a very respectable and

responsible family, but living under the genuine apprehension from the
hands of the Complainant and her family members that the police may
arrest on the false complaint of the Complainant at any moment and at
the instance of the Complainant.

7. That the Applicant/accused is always ready to join the investigation as

and when required by the I.O of the case or directed by this Hon’ble
Court.

8. That there would not be any useful purpose served, if the Applicant will
be arrested in the false case of the Complainant, moresoever he could
 be subjected with the physical and mental torture from the hands of the
police at the instance of the Complainant and her family members.

9. That the applicants undertake not to influence the witnesses or to

temper with the evidence.

PRAYER
It is therefore, most respectfully and graciously prayed to this
Hon’ble Court that this Hon’ble Court may be pleased to grant the
anticipatory bail to the applicant in the aforesaid case;

Any other or further order or direction, which this Hon’ble Court

may deem fit and proper in the facts and circumstances of the case, in
the interest of justice.

APPLICANT/ACCUSED
THROUGH
DELHI
DATE: 30.10.2021
LAL SINGH THAKUR & ASSOCIATES
ADVOCATES,
Enrl: No.D1522/1995
OFFICE: 486, SUNVIEW APT.,
PKT 4, SEC 11, DWARKA, NEW DELHI
MOB: NO.9212046428
Email: thakuradvocates@yahoo.co.in
 IN THE HON’BLE COURT OF DISTRICT AND SESSIONS
JUDGE, SAKET COURTS, DELHI
BAIL APPLICATION NO. ____/2022
IN THE MATTER OF:
ZAID KHAN …APPLICANT/ACCUSED
VERSUS
STATE OF NCT OF DELHI …RESPONDENT
FIR NO. 0249/2022
PS: TIGRI, U/S: 498A/406/34 IPC

AFFIDAVIT
I, ZAID S/O SH. CHAND BABUR/O D-36, ABDUL FAZAL
ENCLAVE OKHALA, JAMIYA NAGAR, NEW DELHI aged about
32 years, do hereby solemnly affirm and declare as under:-

1. That I am the Applicant in the aforesaid case and fully

conversant with the facts of the present case, and I am competent
to swear this affidavit.

2. That the accompanying “APPLICATION UNDER SECTION

438 Cr.P.C.” has been drafted by my counsel under my
instruction. The contents of the same has been read over to me in
my vernacular language, and understood, which are true and
correct to the best of my knowledge and belief. The contents of
the same may kindly be read as part and parcel of this affidavit as
the same are not being repeated herein for the sake of brevity.
3. That the Annexures, their true/translated/photocopies etc. and
other document filed with this petition form the part of the record
for the kind reference of this Hon’ble Court, and the same are
true and correct to the best of my knowledge and believe.

DEPONENT
VERIFICATION:-
Verified at Delhi on this __day of February 2022, that
contents of the above said affidavit are true and correct to my
knowledge and nothing has been concealed therefrom.

DEPONENT