Anticipatory Bail Application

BEFORE THE HON'BLE COURT OF DISTRICT AND SESSION JUDGE (Central Distt. ) TIS HAZARI COURTS, DELHI

 

IN THE MATTER OF:

 

STATE            V/s                           A

S/O Sh. B

(HUSBAND OF COMPLAINANT)

 

R/O H. No. 1, K road, Ward-  , Sonipat -    

 

 NAME OF THE COMPLAINANT

C W/o Sh. A and D/o Sh.D resident of H. No. 6, ___________________, New Delhi- 110005.

                

Ist APPLICATION FOR ANTICIPATORY BAIL U/S 438 Cr.P.C. ON BEHALF OF ABOVE NAMED APPLICANT.

 

MOST RESPECTFULLY SHOWETH:-

 

 

1.                 That the applicant is a peace loving and law abiding citizen of India and residing at the aforesaid address, and earning for his livelihood.

2.        That on dated ____________ the marriage between the applicant and the complainant was solemnized according to Sikh rites and ceremonies at Delhi which was duly consummated, However, no issue was born out of said wedlock.

3.        That the conduct/behavior of the complainant remained all right, hardly for few days after marriage, towards applicant and his family. After that her conduct was changed and she started misbehaving with the applicant and his family members and started torturing the applicant mentally by pressurizing the applicant to live separately from his family members.  All the misbehavior was done on the instigation of her parents, who always instigate the complainant not to stay in the matrimonial house like a dutiful wife. Complainant never discharged the duties of dutiful wife with applicant and also as dutiful daughter- in- law towards applicant’s family. Further complainant prevented applicant from freely talking with his family members and restrained him from having any attachments with his family members, as complainant never liked them. This action of complainant has caused mental agony and harassment to applicant as well as to his family. Moreover, complainant is extremely fashionable and extra modern type of woman and highly extravagant. She demands money from applicant without any need for unnecessary issues. She used to pressurize applicant to bring new and costly clothes, Jewelery, make up items etc. for her. She always makes such demands from applicant, which were beyond his limit. She wants to live a luxurious life but applicant is a middle class person and he cannot fulfill such demands of complainant. Applicant always tried his level best and also tries to fulfill demands of complainant just to save his matrimonial life and keeping in view the bad health status of his old age parents. Complainant used to leave her matrimonial house on petty matters and stayed here and there for many days and then came back to applicant. Whenever applicant enquire about her outside stay she felt sorry from applicant and assured him that the same will never happen again and applicant always apologize her keeping in view the matrimonial life and with hope that her attitude will improve towards him on one day or other. However her attitude never improved.  Complainant always ill treated parents of applicant and used filthy and harsh language towards them. She never provides food to parents of applicant. Health status of applicant’s father goes down due to ill treatment and lack of proper care by complainant. Being daughter in law, it was her duty to properly take care of parents of applicant especially father as he is a CANCER patient but she never obeyed her duty and always ill treated them. Father of applicant was forced to open a tea stall, to earn his livelihood, despite of his old age and disease, by complainant as she used to told them if they do not earn money then she will throw them out of the house. It is also pertinent and highly important to mention here that the complainant refused to conceive when the applicant told him to increase family. She told to applicant that it will destroy her figure and beauty if she gave birth to a child and flatly refused to conceive. She many times refused to establish physical relation with the applicant whenever he shows his desire for the same. From the above stated facts it is crystal clear that how much steel hearted she was towards applicant. But, applicant is yet ready to keep complainant with him just to save his matrimonial life and for his old age sick parents.         

4         That the complainant on dated _____________ left the company of applicant after quarreling with him and the applicant also lodged a complaint in concerned police station regarding the same but the matter was then solved upon interference of elders of both families and the complainant returned back to her matrimonial home and she assured applicant and his family that she will not do the same again ever. Then after hardly 10-12 days, on dated __________________ the complainant again quarreled with applicant and called her family. Then complainant’s mother reached applicant’s home and then they both (applicant herself and her mother) gave him severe beatings. The applicant make complaint in this regard before police but said complaint was not registered and later on complainant and his family members felt sorry for the same and assured applicant that they will never do the same again and complainant will stay with him with peace and love. On this, applicant, keeping in mind his matrimonial life and old age sick parents, forgive them and kept the complainant with him.

5         That things remained silent for hardly few days and complainant again started misbehaving with applicant on petty matters. She said that she cannot live with the applicant, as she is not happy and satisfy with the earnings and simple lifestyle of applicant and she didn’t even liked her profession and openly stated that the applicant is not in her comparison. It is worth to mention here that at the time of marriage, all facts were clearly disclosed to complainant and her family members regarding education and profession of applicant and they all agreed to this. 

6         That on dated ______________, when the applicant went on his job, the complainant left her matrimonial home silently without telling to anyone taken away Rs. 100,000/- in cash along with all jewellary of herself and also other jewellary, which was given by applicant’s family to her. The applicant tried to call her many times but she didn’t pick up his phone. Then the applicant called her parents and they told him that the complainant is there at delhi and now she will not come back ever and if you want to settle the matter then gave us Rs. 25,00,000/- else be ready to face dire consequences. At this the applicant makes complaint at police station. Then on dated ______________ the brother of complainant called applicant and threat him that “if you will not give us Rs. 25,00,000/- then we will kill you and your family. Complainant and his family members also threatened them if they didn’t give Rs. 25,00,000/- then she will indulge them in some false cases of dowry etc. 

7         That then the applicant called her many times but she refused to talk him. Applicant also called parents of complainant many times for bringing complainant back to his house but they just ignored his requests. Then on dated ______________ complainant called father of applicant telephonically and told him that he want to take complainant to his home but he flatly refused to send her with him and also threatened him that if he came here he will not go back alive. The complainant is adamant and not admitted the genuine request of the applicant and threatened to involve the applicant and his family members in some false cases of dowry etc. Since _______________, the complainant is residing at her parental home.

8         That it is also important to mention here that applicant belongs to a poor/middle class but respectable family. He works as an artist in jagrans and other cultural types of programs and earns sufficient amount but most of his earnings was spent on illness of his father, who is suffering from CANCER and remaining apent on unnecessary items by the complainant. (Medical report of father is attached herewith as annexure A1). He has one unmarried brother and two married sisters. It is also pertinent to mention here that father of applicant is suffering from cancer and is under treatment and yet he is bound to run a tea stall as the complainant told him if he will not earn money she will throw her out of the house and will not bear his medical expenses.

9         That the applicant received summons issued by the office of CAW Cell, PS ______________, Delhi on the false and frivolous complaint of the complainant against the applicant and his family who have no concern or connection with the matrimonial life of the complainant.

10       That the office of CAW Cell, PS _____________, Delhi referred the case to the mediation center Govt. of NCT Delhi, PS ______________, Delhi, in which now next date is fixed as ______________.

11       That the applicant explain the fault of the complainant before the IO of the CAW Cell, PS ________________, Delhi, but the police officers of CAW Cell threatened the applicant to falsely implicate him on the basis of false and frivolous complaint of the complainant.

12       That the applicant has got genuine apprehension that he may be arrested by the concerned police officers.

13       That the applicant is ready to join the investigation as an when required by the I.O./SHO concern.

14       That the applicant is ready to produce the surety to the entire satisfaction of this Hon'ble Court/IO/SHO concern.

 

It is, therefore, most respectfully prayed that this Hon'ble Court may graciously please to direct to I.O./SHO of P.S. CAW Cell, PS _______________, Delhi to release on bail in the event of his arrest in the interest of justice.    

 

 

 

 

 Applicant

Date ____________

 

Delhi                                    

 

Through counsel

Legal Process Outsourcing This Document

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