IN THE COURT OF DISTRICT AND SESSION JUDGE SOUTH, SAKET
COURTS COMPLEX: NEW DELHI.
BA NO
IN THE MATTER OF:
LALIT
APPLICANT
VS
STATE
RESPONDENTS
INDEX
S.N PARTICULARS PAGE
O NO
1 MEMO OF PARTIES
2 BAIL APPLICATION U/S 482 OF BNSS/ 438 Cr.P.C.
FOR GRANT OF ANTICIPATORY BAIL ON BEHALF OF
THE ACCUSED LALIT
13 Vakalatnama
APPLICANT
THROUGH
Himanshu Sharma/Aditi Singh
H-1206, Florida Apartment
Sector 82, Faridabad, Haryana - 121002
Date: ____ MAY 2025 M: +91-
8802116924
Place: Delhi E:
sharmahimanshu8802@GMAIL.COM
IN THE COURT OF DISTRICT AND SESSION JUDGE SOUTH, SAKET
COURTS COMPLEX: NEW DELHI.
BA NO
IN THE MATTER OF:
LALIT
APPLICANT
VS
STATE
RESPONDENTS
BAIL APPLICATION U/S 482 OF BNSS/ 438 Cr.P.C. FOR GRANT OF
ANTICIPATORY BAIL ON BEHALF OF THE ACCUSED LALIT
It is most respectfully submitted: -
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 have falsely implicated the applicant in the present
case, the applicant is a respectable citizen of the society and is not
involved any criminal case
3. That the applicant is not required in any kind of investigation nor any
kind of custodial interrogation is required.
4. That the applicant is having very good antecedents, he belongs to
good family and there is no criminal case pending against them.
5. That the applicant is a permanent resident, and there are no chances
of his absconding from the course of justice.
6. That the applicant undertakes to present himself before the
police/court as and when directed.
7. 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.
8. That the applicant further undertakes not to tamper with the evidence
or the witnesses in any manner.
9. That the applicant shall not leave India without the previous
permission of the Court
10. 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.
11. That the succinct facts giving rise to the present application are
as herein below:
a) A fir was lodged under section 376 by Mr. A stating that his
daughter was raped by Mr. V.
b) The fir stated that Mr. V used to follow his daughter daily while
she would go to work and one day as she could not get any
means of transportation to reach home, she asked for a lift from
Mr. V.
c) Mr. V took her to an isolated place and raped her on 6-3-2020.
d) When the statement of the victim was recorded on 10-3-2020
she stated that it was not an act of rape but was a
consensual sex as they loved each other.
e) The statement of the accused also stated the same thing.
f) The statement of the victim recorded after she came back
home. It was stated that she was subjected to rape for 4
continuous days.
g) The medical report states no definite opinion as regards the
commission of rape
h) The FIR lodged by Mr. A has been annexed herewith as
ANNEXURE-A.
i) The statement of the victim recorded on 10-3-2020 has been
annexed herewith as ANNEXURE-B.
j) The medical reports on the matter testing the commission of
rape has been annexed herewith as ANNEXURE-C.
k) That it is submitted that from the above facts it is clear that the
matter is still subjudice and there is no need to implicate the
applicant when the Court is still rightfully deciding upon the
matter.
l) That no useful purpose will be sufficed by sending the applicant
to the jail, when he has not even committed the alleged civil
dispute, since there is no prima facie case met out against him
till yet. Thus, that the applicant is seeking an anticipatory bail by
this Hon’ble Court.
m) That the applicant has not filed any other bail application under
section 438 Cr.P.C seeking anticipatory bail. Thus, it is humbly
prayed that this Hon’ble Court may be pleased to grant an
anticipatory bail, to the limit and extent as detailed hereinabove.
GROUNDS: -
A. FOR THAT In the statement of victim recorded on 10-3-2020
(ANNEXURE B), the victim admits the act to be consensual and not an
act of rape.
B. FOR THAT The statement of the accused matches the statement of the
victim agreeing that the act was not rape and they loved each other.
C. FOR THAT The medical reports (ANNEXURE C) do not produce any
evidence on the commission of rape and do not, beyond reasonable
doubt, prove the happening of rape.
D. FOR THAT The victim changed her statement on returning home under
the undue influence of the father, Mr. A, who is trying to maliciously
prosecute the applicant of the bail, Mr. V.
E. FO R THAT In the catena of judgments, Gurbaksh Singh v State of
Punjab, AIR 1980 SC 1632; Pokar Ram v State of Rajasthan, AIR
1985 SC 969;Siddhram v State of Maharashtra, (2011) 1 SCC 694, it
has been observed that where in it appears exceptionally that an
accused may be falsely implicated or frivolous case may be launched
against him, then power under Section 438 CrPC can be exercised to
meet the ends of justice.
F. FOR THAT The applicant further undertakes to abide by all the terms
and conditions imposed upon them by this Hon’ble Court while
granting him anticipatory bail.
G. FOR THAT Further unnecessary litigation must be prevented and the
applicant be granted anticipatory bail, to prevent further injustice and
inconvenience to the applicant.
PRAYER: -
1. It is therefore prayed that the court may direct the release the
applicant on bail in the event of his arrest by the police.
2. Any other order which the court may deem fit and proper in the facts
and circumstances of the case may be also passed in favour of the
applicant.
APPLICANT
THROUGH
Himanshu Sharma/Aditi Singh
H-1206, Florida Apartment
Sector 82, Faridabad, Haryana - 121002
Date: ____ MAY 2025 M: +91-
8802116924
Place: Delhi E:
sharmahimanshu8802@GMAIL.COM
