IN THE COURT OF HON’BLE SESSIONS COURT AT
GREATER MUMBAI
ANTICIPATORY BAIL APPLICATION NO...........2022.
IN
C.R. NO 588 OF 2022.
1. Mr. SANDEEP PANDURANG KHARAT
AGE: 42 Occupation: Business
Gokhale High School Sector 12
Nandadeep Co-Op HSG Society Plot no C/33,
Room No 15 Kharghar Raigad
Maharashtra 410210
…….. Applicants/Accused
Versus
The state of Maharashtra )
(Govandi Police Station) ) ……. Respondent.
APPLICATION FOR
Anticipatory BAIL U/S.
438 OF C.R.P.C under
section 354,354(A),506(2)
MAY IT PLEASE YOUR HONOUR
On behalf of Applicant/Accused abovenamed, it is most
respectfully submitted as under.,
1. That the Applicants have reason to believe and apprehensions that they
may arrested on a false accusation of having committed non-bailable
offence registered with Govandi Police Station, vide C. R. no 558 of 2022
under section 354,354(A),506(2) of IPC. hereto annexed is copy of Pan
Card and Aadhar card and marked as Exhibit “A” (Colly.)
2. The reasons for apprehension of the applicant is that because she i.e.
applicant no. 1 lodge the first FIR C.R. 588/2022 in Govandi police
station against the complainer. So that nullify the FIR the complainer
lodge the cross FIR on the basis fabricated story with the malafide and
dishonest intention.
3. It is the fact that both the informant and present applicants are the
residents of the same area and they are relatives, and also having the
house at the adjacent to each other at Tagore Nagar Group no 2 Govandi
Mumbai 400 083
4. The applicant is not aware what are the allegation against her hence
strong apprehension that the original complainant wants to falsely
implicated in the above case along with co accused i.e. Shagufta
5. That the applicant no. 2 states that she is educated and belongs to an
efficient and reputed business family and doing the profession as teacher
in the local area taking classes for the poor students
6. That applicants are innocent person and law-abiding citizen and had no
antecedents and adverse remarks to her credit and the original
complainant falsely to implicate them in the above case with malafide
and dishonest intention.
7. In this case the husband and father in law were arrested by Govandi
Police station on the same day and release on the bail on dated
8. That the applicants are residing within the jurisdiction of Govandi Police
station and alleged offence against the applicants are registered with
Govandi police Station which comes within the jurisdiction of Hon’ble
court
9. That in the above-mentioned facts and circumstances, it is necessary that
this Hon’ble Court be pleased to release the applicants on Anticipatory
Bail on the terms and condition this Hon’ble Court be deem fit and
proper.
Case Law: Syed Parvez v. State of Karnataka in this case ground of parity
is applicable because two main accused were granted bail on the same
offence even though no recovery and discovery in this case so far as
concerned no arrest will require by the Police machinery for the
investigation so that on the ground of parity anticipatory bail will be
granted by this Hon’ble Court for the justice to the applicants
10.It is pertinent to note that section 354 and 452 of the Indian Penal Code
not applicable to the them because section 354 is not attracted for the
same, women against women also addition that there was wedding
invitation from the complainant even that there was aw wedding of close
relative so that 452 of IPC in this case not attracted at all.
11.That the Applicant craves leave of this Hon’ble Court add, amend, alter
the pleadings of the application if required and permitted to file
compilation of documents at the time of hearing
12. Under the circumstances, aforesaid it is therefore, most respectfully
prayed that application for Anticipatory Bail of the applicants preferred
by them in this Hon’ble Court against the alleged C.R No 09/2021 lodged
with Govandi Police Station, wherein the Applicant called for
investigation and they may be released on Anticipatory bail pending the
investigation on the terms and conditions this Hon’ble Court be deem fit
and proper in the matter and till the hearing and final disposal of this
application, the applicant be ordered to be released on interim
Anticipatory Bail on usual terms and conditions as your Lordship may
deem fit and proper
THAT THE APPLICANT /ACCUSED APPROACHES THIS HON’BLE
COURT FOR ANTICIPATORY BAIL AMONG FOLLOWING
GROUNDS
A. That the applicants are ready to abide by the terms and condition imposed
by this Hon’ble Court and that the applicants are ready to cooperate with
the police machinery during investigation.
B. The applicants are not likely to abscond or flee away from justice. The
applicants undertake not to change their residence during the
investigation
C. That nothing is to be recovered or discovered from the present applicants.
D. That there is absolutely no overt act whatsoever attributed towards the
applicants. The applicants submit that the present FIR registered on false
and unsubstantial facts and the facts stated in the FIR are fabricated
concocted and are baseless and the police has wrongly implicated these
applicants in the present case
E. The said FIR is an after thought and is filed after the FIR of the present
applicants.
F. That the applicants have been falsely implicated by the opponent only
due to the family feud between the applicants and the opponent.
G. That applicants are citizen of India and permanent residents of above-
mentioned address and the applicants are having the immovable
properties at the above-mentioned addresses.
H. The applicants submit that the applicants have very good antecedents,
they belong to a good family and other than the present case, there is no
criminal case pending against them.
I. That the applicants/accused has not played any role in the said crime.
J. That the applicants/accused is ready to face the trial
K. That no other Anticipatory bail application is filed on same ground before
this Hon'ble court or Hon'ble High Court.
IT IS THEREFORE HUMBLY PRAYED ON BEHALF OF
APPLCIANT/ACCUSED NO. AS UNDER;
(i) That the applicant/accused be released on Anticipatory bail in C.R.
No.588/2022 of Govandi Police Station on any terms and condition.
(ii) That any other order as this Hon'ble court may deem fit and proper.
(iii) That till the hearing and final disposal of this application, the applicant be
granted interim Anticipatory Bail on the terms and conditions this
Hon’ble Court may deem Fit and Proper
(iv) Interim and ad-interim reliefs in terms of prayer (b) may be granted for;
For this act of Kindness, the applicant shall ever bound pray
Place Mumbai
Dated: / /2022.
Advocate for Applicant. Applicants
