IN THE COURT OF SH. ________________________, LD.

ASJ, DIST
COURT SAKET, NEW DELHI

IN THE MATTER OF :-

STATE VS Q

FIR No – 428/2022
PS jamia Nagar
U/S 376D/354C/323/506/509 IPC
Sec- 66E/67/67A IT Act

SECOND BAIL APPLICATION ON BEHALF OF THE APPLICANT

/ACCUSED NAMELY SHABBU @ RAHIL `U/S 439 CRPC SEEKING
REGULAR BAIL

MOST RESPECTFULLY SHOWETH :-

1. That the above noted matter is pending trial before this Hon’ble Court
and is fixed for ______________.
2. That the applicant accused is in judicial custody since 10.06.2022 in the
present matter.
3. That the case of the prosecution is that :-
above mentioned case was registered on the complaint of Mrs Fiza Sabri
alleging therein that Rahil @ Shabbu relative of her husband started
sending messages to her. On 12.06.2021 he requested her to visit at a Flat
near Altaqva Masjid, Jogabai Extension Jamia Nagar New Delhi to
convince his girlfriend and taken her on his motorcycle at a flat near
Altaqua Masjid Masjid, Jogabai Extension Jamia Nagar New Delhi. The
prosecutrix noticed that his girlfriend was not present there but the co –
accused Aadil was present there, applicant / accused and Adil took out
their Kattas and threatened her with dire consequences. Adil locked them
inside the flat and left the flat address of which is as- R-193, Ist floor, gali
no 5, s block, Joga Bai extension Jamia Nagar. Thereafter
applicant/accused sexually assaulted forcibly on gun point and taken
 several videos and photos of the prosecutrix. She was being sexually
assaulted by applicant/accused on the point of uploading her nude
pictures on social media. She narrated the whole incident to her husband,
on this applicant/accused sent her Nude Videos on WhatsApp social
media. The FIR in the present matter was lodged on 24.09.2021.

On 10.11.2021, complainant failed to identify co-accused namely

Adil S/O Afsar @ Afsarullah Khan during Test Identification Parade in
Tihar Jail conducted before Sh Himanshu Tanwar, Ld Reliver MM, Saket
Court New Delhi. Thereafter, on 12.11.2021, Hon'ble Court Of Sh Anuj
Agrawal Ld ASJ Saket granted anticipatory bail to accused Adil S/o
Afsar @ Afsarullah Khan.

4. That the prosecutrix got lodged the present FIR on the instruction and
provocation of his husband who lives in Japan. It is also noteworthy that
the prosecutrix did not inform the police or any of her relative regarding
the above alleged incidents immediately after the occurrence. There is an
immense delay in the lodging the FIR in the present matter and nothing
has been explained qua the delay.
5. That the relationship developed between the applicant/accused was
consensual and the prosecutrix herself was sending her photographs to the
applicant/accused for alluring the applicant/accused. The
applicant/accused is willing to submit several photographs and videos
depicting the consensual relationship between the applicant/accused and
the prosecutrix. It can also be easily interpreted that the prosecutrix was
willingly and on her sweet will doing all the acts with the
applicant/accused.
6. That actual scenario is that the prosecutrix was living alone in India after
her husband went to Japan for his employment purpose. The young
 prosecutrix seeing the bachelor applicant/accused fell in love with him
and started establishing consensual physical relationship with him. The
prosecutrix herself, to allure the applicant /accused started video calling
the applicant/accused while in her private moments. The prosecutrix with
her own will and without any influence sent several nude pictures of her
to the applicant /accused.
7. That the applicant/accused was an unmarried person and has been fasten
in false cases, which was later known to the prosecutrix. One day when
the prosecutrix as usual was video calling the applicant/accused got
caught by her parents-in- laws and there after the husband of the
prosecutriix was informed regarding the love relationship of the
prosecutrix with the applicant/accused.
8. That the husband of the prosecutrix and her in-laws then tricked the
applicant/accused and forced the prosecutrix to invite the
applicant/accused for one more time. The prosecutrix as commanded by
her husband and in laws did the same, the applicant/accused being
unaware reached at the given address to meet with the prosecutrix. As per
the plan the in laws of the prosecutrix snatched all the mobile phones of
the applicant/accused and they uploaded all the photographs of the
prosecutrix just to satisfy their revenge from the prosecutrix and the
applicant/accused.
9. That the husband of the prosecutrix (from japan) then contacted the
applicant/accused over phone, the applicant/accused told him that he is in
love with the prosecutrix and the prosecutrix also loves him. They wanted
marrying each other. The husband of the prosecutrix then to create one
negative image of the applicant/accused and by forcing the entire paternal
family of the prosecutrix, got the present FIR lodged.
10.That the applicant/accused has not committed any wrong with the
prosecutrix but the above named husband of her and the in laws created
the entire set of story which is complete lie.
11.That in the present matter the prosecution and the investigation agencies
have submitted two chargesheets and further had claimed time for
supplying another chargesheet.
12.That the applicant/accused has been falsely implicated by the
complainant in the present case and the relationship between them was
a love relationship and the physical relationship was established on
consent of the complainant.
13. That the complainant is being played a tool in the present case by her in
laws as to satisfy their personal vendetta.
GROUNDS OF BAIL:

The Applicant is filing the instant application amongst the following

grounds:-

a. BECAUSE the instant case is one of the patent fabrication and the
annexure herein demonstrate the complete falsity of the material
allegations in the FIR raised out of the false version of the
complainant which contains no reliable story.
b. Because the charge sheet qua the present FIR has already been
submitted and it will take immense time to conclude the trial.
c. Because the case of the prosecution is consisting several lacunas.
There is an inordinate delay in lodging the FIR and the same has not
been explained in the charge-sheet.
d. Because the prosecutrix was herself in a consensual relationship
with the applicant/accused and was sending her nude videos and
photographs to the applicant /accused.
e. Because the consensual relationship between the applicant/accused
and the prosecutrix does not attract any ingredient of Indian Penal
Code.
f. Because if the complainant has herself denied the role or appearance
of the co-accused in the present case, during the TIP, the section 376
D IPC in the present case in itself is not made out.
g. BECAUSE the Hon’ble Supreme Court in the matter of K.P.
Thimmappa Gowda Vs. State of Karnataka 2011 (14) SCC 475
also held that:-
...........“ In criminal cases the rule is that the accused is
entitled to the benefit of doubt. It the court is of the opinion
that on evidence two views are reasonably possible one that
the appellant is guilty and that other that he is innocent then
the benefit of doubt goes in favour of the accused”...........
h. BECAUSE the FIR itself discloses that the applicant/accused was
not involved anyhow in the present case, the sections levelled herein
cannot be sustained against the applicant/accused. The intention,
motive and knowledge must be there, which is not made out ex-facie
in the present case.

i. BECAUSE it is the established law that “Bail is the rule and Jail is
the exception” and there is nothing exception in the present case.
The Applicant has been falsely implicated in the above case and has
been in judicial custody even being innocent.

j. BECAUSE the Applicant has a good case on law and merits and is
most likely to succeed before this Hon’ble Court in the event of trial.

k. BECAUSE the applicant submits that the accusations /Allegations

levelled by the complainant in the Instant case/FIR are totally false
 and wrong. It is further submitted that the complainant lodged this
complaint/FIR, in connivance with local Police with malafide
intentions and ulterior motives.
14.That the applicant is willing and undertakes to abide with all such
conditions are may be imposed by this Hon’ble Court while granting him
bail.
15.The Applicant hereby undertakes that he will neither tamper with the
evidence nor will influence the witnesses in any manner and will not
contact the Complainant directly or indirectly at any point of time. He
also undertakes that he will be present before the Hon’ble Court, as and
when directed by this Hon’ble Court.
16.That no similar application is pending before any court of law.
17.That the applicant seeks kind permission of this Hon’ble Court to
raise such other or further ground as may be available to him at the
time of hearing of this present application.

PRAYER
In the light of the abovementioned facts and circumstances, it is
most respectfully prayed that this Hon’ble Court may graciously be
pleased to:-
a. Allow the present application, thereby grant regular bail to
the applicant in the case bearing FIR No. 311 of 2022 u/s
393/394 IPC PS: Tigri, in the interest of justice;
b. Pass such other or further order as this Hon’ble Court may
deem fit and proper in the facts and circumstances of the
present case.
APPLICANT (IN J/C)

THROUGH
PLACE: NEW DELHI (Devjyoti Dey)
Dated Advocate
484, Lawyers Chamber,
Saket Courts Complex
New Delhi 110 017
Enrl. No. D/3532/2012
Mobile: 7011245475
e-mail:deydevjyoti1990@gmail.com