ANTICIPATORY BAIL FORMAT UNDER SECTION 438 IPC FORMAT
(ANTICIPATORY BAIL FORMAT UNDER SECTION 438 IPC FORMAT)
BEFORE THE SESSIONS JUDGE, RAMGARH
BAIL APPLICATION NO ________/2016
IN THE MATTER OF:
Gabbar Singh ……… Applicant/Accused
Vs.
State
FIR NO: 001/2024 U/S 420, 120 B
PS. RAMGARH
ANTICIPATORY BAIL APPLICATION U/S 438 OF CODE OF CRIMINAL PROCEDURE ON BEHALF OF APPLICANT/ACCUSED
MOST HUMBLY SHOWETH:
1.That the instant anticipatory bail application on behalf of the Applicant/Accused U/s 438 of Code of Criminal Procedure is being moved for anticipatory bail in FIR no. 001/2024 U/S 420, 120 B of the Indian Penal Code registered with Police Station Ramgarh.
(Copy of FIR bearing no. FIR no. 001/2024 U/S 420, 120 B of the Indian Penal Code registered with Police Station Ramgarh is attached herewith and marked with Annexure A1)
2. That the Applicant is a law abiding citizen and resides in the adjoining forest of Ramgarh. The Applicant belongs to scheduled tribe and earns his living by farming. The Applicant is also a social activist and leads a movement against encroachment of forest land.
3. That the complainant Thakur Baldeo Singh was illegally encroaching upon forest land around Ramnagar. The complainant was misleading the indigenous tribes and usurping their precious land at very cheap prices.
4.. That the Applicant was resisting these malafide activities of the Complainant and had even made complaints to the appropriate government authorities.
5. That the Applicant to take revenge has falsely lodges this complaint. The Complaint has alleged in the FIR that the Applicant has entered into sale transaction of forest land bearing khata no. xxx for one crore rupees for which the Complainant has paid earnest money of Rs. 20 lakhs. The Complaint has alleged that the Applicant is neither transferring the land nor returning the earnest money.
GROUNDS
6. That the Applicant is innocent and falsely implicated in the FIR with ulterior motives of taking revenge against the Applicant.
7. That the Applicant has not entered into any agreement for transferring any land. The complainant has not produced any agreement in respect of any transaction. The Police has registered FIR without any application of mind.
8. That frivolity of the FIR can be realised from the fact that the alleged land is not transferrable under laws of the State.
9. That the Applicant/Accused is ready and willing to cooperate with the investigation and shall make herself available at all times, whenever his presence is required.
10. That the Applicant/Accused further undertakes to comply with any conditions imposed by this Hon’ble Court for the purposes of allowing this application.
11. That the Applicant has not criminal antecedents.
12. That the Applicant has not filed any such application before the Hon’ble High Court or the Hon’ble Supreme Court.
13. That the present application is bonafide and in the interest of justice it ought to be allowed.
PRAYER
In the facts and circumstances of the case, it is therefore prayed that this Hon’ble Court may be pleased to:
- To direct the SHO/Investigating Officer to release the Applicant/Accused on Bail, in event of arrest pursuant to FIR no. 001/2024 U/S 420, 120 B of the Indian Penal Code registered with Police Station Ramgarh
- Pass any other order(s)/direction(s) as this Hon’ble Court may deem fit and proper in interest of justice.
Applicant/Accused
Through
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Mukesh Kumar Suman is an advocate and legal author based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.
