IN
THE COURT OF SESSIONS FOR GREATER BOMBAY CRIMINAL APPELLATE JURISDICTIONANTICIPATORY
BAIL APPLICATION NO. _______ OF 2001ABC
S/o PQRIndian
inhabitantresiding
at ___________ ........ PetitionerV/s1.
State
of Maharashtra at the instance of The Inspector of Police In-charge of
________Police Station ........ RespondentCRIMINAL
ANTICIPATORY BAIL APPLICATION UNDER SECTION 438 OF THE CRIMINAL PROCEDURE CODE,
HONBLE PRINCIPAL JUDGE AND HIS COMPANION JUDGES OF THIS HONBLE COURT.THE
HUMBLE PETITION OF THE PETITIONER ABOVENAMED:MOST RESPECTFULLY SHEWETH:1. The petitioner is a
citizen of India. The petitioner is about ___years old and is unmarried. The
petitioner is a permanent resident of Mumbai, residing at the address as
mentioned in the cause title since birth. The petitioner is the son of
____________, who is the co-owner of the aforesaid premises. The petitioners
father shares the said premises amongst others with one of the petitioners
uncle named LMN. The petitioners father and the said LMN are also partners in
a firm called M/s. _____________ situated at _______________________.2. The petitioners
father and the said LMN are involved in various civil disputes relating to the
said partnership firm, the residential premises and other commonly held
properties. There are many cases and proceedings pending in different courts in
Mumbai relating to the same. The said LMN has also time and again dragged the
petitioners father and his family to the Criminal courts and/or police
station. However on each of the occasions the said LMN has met with no success
but continues to harass the petitioner, his parents and other family members by
lodging false, frivolous and mischievous complaints one after the other.3. The petitioner
understands that the said LMN has filed a complaint on or around _________ in
the ____________ under Sections _____________ of the Indian Penal Code against
the petitioners father and six of his family members including the petitioner
and two female and one male staff working for the petitioners father at the
aforesaid premises. The petitioner says and submits that the said complaint has
been filed by the said LMN as a continuation of the process of harassment and
vendetta against the petitioners father and with a view to coerce and threaten
the petitioner into submission in relation to the civil disputes pending
between the petitioner and the said LMN. The petitioner states that on the said
date of __________, the said LMN had stolen the petitioners mobile phone and
the petitioner had lodged an N.C. complaint (being complaint No._________ of
2001) at the _________ police station. The complaint by LMN is merely a counter
blast.4. The petitioner
apprehends that on the basis of the allegations contained in the said counter
complaint of LMN the police authorities are likely to arrest / detain him. The
petitioner is a respectable citizen of India and is well known in the locality
where he stays. The petitioner is an educated youth being _________ (mention
the educational qualifications). The petitioner is an Income-tax assessee. The
petitioner has acquired his reputation which would be tarnished if he is
arrested and/or detained. The petitioner has done nothing to warrant that his
reputation to be harmed at the behest of his disgruntled uncle, i.e. said Mr.
LMN.5. The petitioner says
that the nature of disputes between his father and his uncle are civil and the
courts are fully seized of the same and as a law abiding citizen of the country
the petitioner shall abide by the verdict of the Honorable courts.6. The petitioner says
and submits that there is no allegation against him requiring custodial
interrogation and therefore prays that in the event of the petitioners arrest
by the _____________Police Station on the basis of the aforesaid allegations
made by LMN, this Honorable court be pleased to release him on Bail on such
terms and conditions and on such amount as this Honorable court may deem fit
and proper. The petitioner undertakes to extend his fullest co-operation to the
police and report at the police station as and when required for any
investigation. The petitioner has his roots in Mumbai and is living in Mumbai
since his birth. The petitioners father is the co-owner of immovable property
_________________________ (describe the immovable property and give its address
in detail). The petitioner, his brother and his parents are all residing
together at ______________________ (Give residential address in full). There is
no apprehension of the petitioner absconding. There is no threat of the
petitioner tampering with the evidence in any manner whatsoever.The
petitioner therefore prays:a. that in the event of
the arrest of the petitioner by the __________ Police station on charges
arising out of the complaint made by LMN, the Inspector of Police be directed
to release the petitioner on bail of such amount and on such terms and
conditions as this Honorable court may deem fit and proper;b. for such other and
further reliefs as may be deemed fit and proper in the facts and circumstances
of the case.Mumbai
dated this ________ day of _________, 2001.Petition
drawn by: PetitionerAdvocate
for the PetitionerVERIFICATIONI.
ABC
S/o PQR, the petitioner above-mentioned, do solemnly affirm that what is stated
in this petition save and except legal submissions is true to my personal
knowledge.Solemnly
affirmed at Mumbai on) this ______ day of November, 2001)PetitionerBefore
meAdvocate
for the petitioner.