IN THE COURT OF HON’BLE SESSIONS JUDGE, THANE,

AT THANE

Anticipatory Bail Application No. /2017

Mr.

… Applicant

V/S

State of Maharashtra

(Through Mumbra Police Station ) …. Opponent

Application for Anticipatory bail under sec 438 In the

matter of Complaint U/S 386, 387, 34 Of the Indian

Penal Code and U/S 3, 25 of Arms Acts in CR I 17

of Mumbra Police Station.

MAY IT PLEASE YOUR HONOUR

The Applicant above-named most respectfully submits as under:

1) It is submitted that the present applicant has a permanent residence of the above

mentioned address. .

2) The story of prosecution in brief is that the accused persons committed extortion

upon the original complainant.

3) It is submitted that apprehending arrest, the Applicants has filed this anticipatory Bail

before this Hon’ble Court praying for Bail on the following amongst other grounds:-

GROUNDS

a) That the Applicant has been falsely implicated in an alleged offence and has

nothing to do with the same.

b) Applicant is a victim of circumstances and has excellent and decent

antecedents, and does not have any prior offences.

c) It is humbly submitted that the investigations in the offence is almost

completed and there is no purpose in keeping the applicant behind bars.

d) it is important to note that the offence is triable by the court of the JMFC,

thane. The offense is not punishable by death penalty or life imprisonment, and

the settled law of bail is that for offences not punishable by death penalty or

life imprisonment, bail is a rule and jail is an exception.

e) There were injuries on the person of the accused and the prosecution has not

explained the injuries.

f) The applicant was called and foisted with a weapon by ori. complainant, as

there was a civil dispute between the parties.

g) That the Hon’ble court has been pleased to grant Bail to the co accused vide

Regular Bail No. /17 hence the Applicant is also entitled for bail on

account of parity.

h) Applicant has deep embedded roots in society. The Applicant shall not abscond

or jump bail and shall always be available to face trial.

i) Applicant is ready and willing to co-operate in the investigation (if any) and is

ready and willing to attend the office of the Respondent/s as and when called

for or as directed by this Hon’ble Court. .

j) Applicant undertakes not to tamper with the prosecution witnesses or evidence.

k) The entire prosecution case as unfolded in the Complaint is a baseless mixture

of distorted facts and unwarranted surmises and it smacks of fabrication of

most nefarious kind ignoring the striking circumstances, supporting the case of

the Applicant.

l) There is absolutely no evidence to establish any overt or covert act against the

Applicant.

m) Without prejudice to the aforesaid submissions, the Applicant submits that by

no stretch of imagination the requisite mens rea for the offences alleged against

him is established even of a prima-facie nature.

 n) The Applicant has no motive, whatsoever to commit any crime in question.

Applicant has always acted in good faith.

o) Applicant hails from a cultured background and can never indulge in any

nefarious activity such as an offence under the special act.

p) Applicant submits that he hails from a decent family and has no criminal

antecedents of whatsoever nature.

a) The applicant is the law-abiding person and no any offence lodged against the

Applicant.

b) There is no need of custodial interrogation of the present Applicant. It is submitted

that the applicant apprehends he may be susceptible to third degree treatment.

c) It is submitted that the Applicant has a permanent resident and has strong roots in the

society and is reputed & respected in the area.

d) The Applicant will not tamper with prosecution evidence and shall furnish adequate

surety as ordered by this Hon’ble Court.

e) The Applicant is ever ready to abide by all the directions of this Hon'ble Court.

4) It is submitted that this is the First Bail application of the present Applicant and no

such application/s are pending in any court of law other than this application.

5) The alleged offence has occurred in within the limits of Mumbra Police Station, and

hence this Hon'ble Court has jurisdiction to admit, hear and dispose off the present

Bail application.
6) The applicant seeks leave to add, amend the present application and to advance

further arguments at the time of hearing.

PRAYER

7) It is therefore prayed that this Hon’ble Court may be pleased to:

a) Grant anticipatory Bail to the present Applicant in event of arrest in CR I

/17 of Mumbra Police Station, on such conditions as this Hon’ble Court may

deem fit and proper in the interest of justice and equity.

b) Interim and Ad-Interim relief be granted in terms of the prayer (a) above.

c) For such further and other orders may be passed as this Hon’ble Court may

deem fit and proper in the interest of justice and equity.

Filed in the Court

At Thane on / 03 /2017

Applicant
 VERIFICATION

I Mr. ______________________Age : years , Occ:-_____________ R/A:

__________________________________________ the applicant herein says that

whatever stated herein above is true and correct to the best of my knowledge,

belief and understanding.

Filed in the Court

At Thane on /03/2017

Applicant

Advocate for Applicant

 IN THE COURT OF HON’BLE SESSIONS JUDGE, THANE

AT THANE

Anticipatory Bail Application /2017

Mr.

… Applicant

V/S

State of Maharashtra

(Through Mumbra Nagar Police Station ) …. Opponent

AFFIDAVIT

I Mr. ______________________Age : years , Occ:-_____________ R/A:

__________________________________________; do hereby take oath and state on

solemn affirmation as under

1) I say that I have filed the present application for Anticipatory Bail under Sec 438 of

CRPC in CR I /17 of Mumbra Police Station.

2) I say that I adopt all the contentions raised in my application and do not repeat the

same here for the sake of brevity.

Thane, This day of March 2017

Applicant

VERIFICATION

I Mr. ______________________Age : years , Occ:-_____________ R/A:

__________________________________________ the applicant herein says that

whatever stated herein above is true and correct to the best of my knowledge,

belief and understanding.

Solemnly affirmed at Thane,

This day of March 2017 ) Deponent

Explained and Identified by me

Adv. for Applicant

 VAKALATNAMA

IN THE COURT OF HON’BLE SESSIONS JUDGE, THANE

AT THANE

Anticipatory Bail Application /2017

Mr.

… Applicant

V/S

State of Maharashtra

(Through Mumbra Police Station ) …. Opponent

I ______________________________ Inhabitants of Mira Road, Dist. Thane; the

Applicants above-named, in the above-named hereby
appoint________________________________________________, Advocates, to appear
and act for me/us as my/our Advocate/s.

Witness my/our hand this day of June 2017

____________

Accepted & filed in Court

On / /2017
 IN THE COURT OF HON’BLE SESSIONS JUDGE, THANE

AT THANE

Anticipatory Bail Application /2017

Mr. … Applicant

V/S

State of Maharashtra

(Through Mumbra Police Station ) …. Opponent

List of Document filed by the Applicant

Sr. No. Particulars Page No.

1. Copy of the FIR
2.
3.
4.
5.

Thane, This day of March 2017

Applicant

Adv. for Applicant

 IN THE COURT OF HON’BLE SESSIONS JUDGE, THANE

AT THANE

Anticipatory Bail application /2017

Mr.

… Applicant

V/S

State of Maharashtra

(Through Mumbra Police Station ) …. Opponent

Application for Interim Anticipatory bail

MAY IT PLEASE YOUR HONOUR:-

1) It is submitted that the present applicant has filed an application for anticipatory bail

before this Hon’ble Court.

2) It is submitted that the same may take a long time to come for hearing before this

Hon’ble Court and it is submitted that the applicant has made out a case for grant of

interim relief by this Hon’ble Court.

3) The applicant adopts and reiterates all the grounds made in the main application as

part and parcel of this application and for the sake of brevity does not repeat the same

herein.

4) It is therefore prayed that this Hon’ble Court may be please to order the release of the

applicant on interim anticipatory bail in the event of arrest by Mumbra Police

Station on such terms and conditions as this Hon’ble court may deem fit and proper

in the interests of justice and equity for which act of kindness the applicant as in duty

bound ever pray.

Thane this day of March 2017

Applicant

VERIFICATION

I Mr. ______________________Age : years , Occ:-_____________ R/A:

__________________________________________ the applicant herein says that

whatever stated herein above is true and correct to the best of my knowledge, belief and

understanding.

Filed in the Court

At Thane on /03/2017

Applicant

Advocate for Applicant

 IN THE COURT OF HON’BLE SESSIONS JUDGE, THANE

AT THANE

Anticipatory Bail Application /2017

Mr. … Applicant

V/S

State of Maharashtra

(Through Mumbra Nagar Police Station) …. Opponent

AFFIDAVIT

I Mr. ______________________Age : years , Occ:-_____________ R/A:

__________________________________________; do hereby take oath and state on

solemn affirmation as under

1) I say that I have filed the present application for Interim Anticipatory Bail under Sec

438 of CRPC in CR I /17 of Mumbra Police Station.

2) I say that I adopt all the contentions raised in my application and do not repeat the

same here for the sake of brevity.

Thane, This day of March 2017

Applicant

VERIFICATION

I Mr. ______________________Age : years , Occ:-_____________ R/A:

__________________________________________ the applicant herein says that

whatever stated herein above is true and correct to the best of my knowledge, belief and

understanding.

Solemnly affirmed at Thane, )

This day of March 2017 ) Deponent

Explained and Identified by me

Adv. for Applicant
 Date: /03/2017

To,

Public Prosecutor

Thane District & Session Court Thane

Sub: Service of the Anticipatory Bail Application No. /17

Respected Sir,

This is to inform you that our client moving an application for Anticipatory Bail
Application No. /2017 in connection with CR No. I /2017 Of Mumbra
Police station before the Hon’ble Session Judge Kadam Saheb today . The copy is
annexed herewith. You may remain present if you so desire.

Thanking you,

Your’s faithfully

Advocate for Applicant