CRPC 6th Sem

JAI NARAIN VYAS UNIVERSITY, JODHPUR
THE CODE OF CRIMINAL PROCEDURE

PROJECT
TOPIC:- BAIL APPLICATION WITH CASE FACTS
SUBMITTED TO SUBMITTED BY
DR. RAJESH PUROHIT PAWAN THANVI
19BAL50041
B.A.LLB (6TH SEM)
ACKNOWLEDGEMENT
I Would Like To Express My Special Thanks Of Gratitude To My

Teacher DR. RAJESH PUROHIT he Gave Me The Golden Opportunity To
Do This Wonderful Project On The Topic BAIL APPLICATION, WITH
FACTS OF ANY CASE Which Also Helped Me In Doing A Lot Of Research
And I Come To Know So Many New Thing. I Am Really Thankful To Them.
Secondly, I Would Also Like To Thank My Parents And Friends and

there support, valuable information, time and guidance, which helped me in
completing this task through various stages and their encouragement without
which this a assignment would not be possible.
Thank you
PAWAN THANVI
FACTUAL BACKGROUND
The marriage between the Petitioner hereinafter referred as (Arnesh Kumar)

and Respondent No.2 hereinafter referred as (Sweta Kiran) was solemnised on
dated 1st July 2007.
Arnesh Kumar was arrested under the provision of Section 4 of Dowry

Prohibition Act 1961 after his wife Sweta Kiran affirmed that the petitioner has
requested/ demanded dowry from her.
His attempt to secure anticipatory bail has failed and hence he has knocked the
door of this Court by way of this Special Leave Petition.
Leave granted.
n sum and substance, allegation levelled by the wife against the appellant is
that demand of Rupees eight lakh, a maruti car, an air-conditioner, television
set etc. was made by her mother-in-law and father-in-law and when this fact
was brought to the appellant’s notice, he supported his mother and threatened
to marry another woman. It has been alleged that she was driven out of the
matrimonial home due to non- fulfilment of the demand of dowry.
Denying all the allegations made by the respondent, Petitioner applied for the
anticipatory bail which was earlier rejected by Court of Session and thereafter
by the High Court. Aggrieved from the order rejecting the anticipatory bail,
Petitioner by way of Special Leave Petition appealed to the Supreme Court.
As noted dawn:-
There is phenomenal increase in matrimonial disputes in recent years. The

institution of marriage is greatly revered in this country. Section 498-A of the
IPC was introduced with avowed object to combat the menace of harassment to
a woman at the hands of her husband and his relatives. The fact that Section
498-A is a cognizable and non-bailable offence has lent it a dubious place of
pride amongst the provisions that are used as weapons rather than shield by
disgruntled wives. The simplest way to harass is to get the husband and his
relatives arrested under this provision. In a quite number of cases, bed-ridden
grand-fathers and grand-mothers of the husbands, their sisters living abroad
for decades are arrested. “Crime in India 2012 Statistics” published by National
Crime Records Bureau, Ministry of Home Affairs shows arrest of 1,97,762
persons all over India during the year 2012 for offence under Section 498-A of
the IPC, 9.4% more than the year 2011. Nearly a quarter of those arrested
under this provision in 2012 were women i.e. 47,951 which depicts that
mothers and sisters of the husbands were liberally included in their arrest net.
Its share is 6% out of the total persons arrested under the crimes committed
under Indian Penal Code. It accounts for 4.5% of total crimes committed under
different sections of penal code, more than any other crimes excepting theft
and hurt. The rate of charge-sheeting in cases under Section 498A, IPC is as
high as 93.6%, while the conviction rate is only 15%, which is lowest across all
heads. As many as 3,72,706 cases are pending trial of which on current
estimate, nearly 3,17,000 are likely to result in acquittal.
Arrest brings humiliation, curtails freedom and cast scars forever. Law makers
know it so also the police. There is a battle between the law makers and the
police and it seems that police has not learnt its lesson; the lesson implicit and
embodied in the Cr.PC. It has not come out of its colonial image despite six
decades of independence, it is largely considered as a tool of harassment,
oppression and surely not considered a friend of public. The need for caution in
exercising the drastic power of arrest has been emphasized time and again by
Courts but has not yielded desired result. Power to arrest greatly contributes to
its arrogance so also the failure of the Magistracy to check it. Not only this, the
power of arrest is one of the lucrative sources of police corruption. The attitude
to arrest first and then proceed with the rest is despicable. It has become a
handy tool to the police officers who lack sensitivity or act with oblique motive.
Issues raised:
The only issue that was involved in this particular case was the grant of
anticipatory bail. The Anticipatory bail was not granted by the High Court. The
case further deals with two of the most important issues i.e.
1. Right of accused person before and after arrest

2. What are the remedies that is left to a person when there is a misuse of
Section 498-A of the Indian Penal Code by women.
Arguments raised by the side of defendant:
• It has been alleged that she was driven out of the matrimonial home due
to non-fulfilment of the demand of dowry.
Arguments raised by the side of petitioner:
• The fact that Section 498-A IPC is a cognizable and non-bailable offence
has lent it a dubious place of pride amongst the provisions that are used
as weapons rather than shield by disgruntled wives.
ANTICIPATORY BAIL
BAIL APPLICATION
BEFORE THE SUPREME COURT OF INDIA
AT DELHI
IN THE MATTER OF-
STATE OF BIHAR & ANR.
VS
ARNESH KUMAR
FIR Number: 277
Under Section: (SEC. 438 Of CRPC )
Police Station: ( BIHAR )
APPLICATION U/S 438 OF CRPCFOR GRANT OF ANTICIPATORY BAIL ON

BEHALF OF THE APPELLANT
MOST RESPECTFULLY SUBMITTED AS UNDER:
1. That the present FIR has been registered on false and bogus facts. The facts stated
in the FIR are fabricated, concocted and without any basis.
2. That the police has falsely implicated the applicant and arrested him in the present
case, the applicant is a respectable citizen of the society and is not involved any
criminal case.
3. That the facts stated in the complainant against the applicant are civil disputes and
does not constitute any criminal offence at all.
4. That the applicant is not required in any kind of investigation nor any kind of
custodial interrogation is required, nor any recovery is to be made at the instance of
the applicant.
5. That the applicant is having very good antecedents, he belongs to good family and
there is no criminal case pending against them.
6. That the applicant is a permanent resident and there are no chances of his
absconding from the course of justice.
7. That the applicant undertakes to present himself before the police/court as and
when directed.
8. That the applicant undertakes that he will not, directly or indirectly make any
inducement, threat or promise to any person acquainted with the facts of the case so
as to dissuade him from disclosing such facts to the Court or to any police officer.
9. That the applicant further undertakes not to tamper with the evidence or the
witnesses in any manner.
10. That the applicant shall not leave India without the previous permission of the
Court.
11. That the applicant is ready and willing to accept any other conditions as may be
imposed by the Court or the police in connection with the case.
12. That the court mentioned above has failed to consider all the facts and
circumstances of the cases and has wrongly dismissed the anticipatory bail
application.
13. That any other anticipatory bail application has not been filed by the applicant
against the same FIR before any other court except for the present bail application.
14. That all the documents filed before the court below are being filed along with the
present application for anticipatory bail.
PRAYER
It Is Therefore Prayed That The Court May Order For The Release Of The Applicant
On Bail In The Interest Of Justice.
Any Other Order Which The Court May Deem Fit And Proper In The Facts And
Circumstances Of The Case May Be Also Passed In Favor Of The Applicant.
APPLICANT :- ARNESH KUMAR
THROUGH :- VIA MAIL
COUNSEL:- PAWAN THANVI

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JAI NARAIN VYAS UNIVERSITY, JODHPUR

THE CODE OF CRIMINAL PROCEDURE

TOPIC:- BAIL APPLICATION WITH CASE FACTS

I Would Like To Express My Special Thanks Of Gratitude To My

Secondly, I Would Also Like To Thank My Parents And Friends and

The marriage between the Petitioner hereinafter referred as (Arnesh Kumar)

Arnesh Kumar was arrested under the provision of Section 4 of Dowry

There is phenomenal increase in matrimonial disputes in recent years. The

1. Right of accused person before and after arrest

Arguments raised by the side of defendant:

Arguments raised by the side of petitioner:

IN THE MATTER OF-

STATE OF BIHAR & ANR.

FIR Number: 277

Under Section: (SEC. 438 Of CRPC )

Police Station: ( BIHAR )

APPLICATION U/S 438 OF CRPCFOR GRANT OF ANTICIPATORY BAIL ON

APPLICANT :- ARNESH KUMAR

THROUGH :- VIA MAIL

COUNSEL:- PAWAN THANVI

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