Format - Anticipatory Bail Application Offence Forgery Chetaing 1612

FORMAT – ANTICIPATORY BAILAPPLICATION – OFFECES – ‘FORGERY & CHEATING’ IN THE COURT OF SESSIONS, AT___________ Anticipatory Bail Application No. OF 20__ IN (_____ Police Station, CR No.__dated_________) ______________________________ ) Aged- __yrs, Occupation – Service/Business ) Residing at________________________ ) ________________________________ ) ______________________________ ) …. Applicant Versus State of Maharashtra ) (through - _________ Police Station ) … Respondent Charge – ‘Forgery & Cheating’ THE HUMBLE APPLICATION OF THE APPLICANT ABOVENAMED FOR ANTIVIPATORY BAIL U/S 438 CR.P.C MOST RESPECTFULLY SHOWETH: On behalf of the Applicant, it is most respectfully and humbly submitted as follows:1. That the abovenamed Applicant is a Businessman at a Resort named______________ and staying at the aforesaid address alongwith his family , since decades. 2. That the Applicant has a reasonable apprehension that the Applicant may be arrested in an alleged ‘Non-Bailable Offence’ i.e. ‘Cheating and Forgery case relating to a Probate dated ________ (ed vide Petition No.__ of__ by Honourable High Court), by the______ Police Station, at the instance of his one unauthorized Person named as ___________________. 3. The facts of the case are that: “At the instance of his one authorized Person named as _________________, the Police Officials of the ____Police Stations feels the Applicant and another 02 or 03 Accused persons had allegedly committed ‘Cheating and Forgery’ relating to a Probate dated______________ (which was ed vide petition No.___ of 20__)” 4. As Such, the Applicant has a reasonable apprehension that the Applicant may be implicated in a ‘baseless and meaningless ‘Cheating and Forgery case’ relating to the said Probate dated ___________and get him arrested by the ______ Police Station police officials. Hence, the Applicant has applied for this ‘Anticipatory Bail’ based on the genuine grounds: (a) Firstly, the Applicant is not concerned with the said Probate at all because the said Probate has been issued by Honourable High Court, to Mr./Mrs.

(b)

(c)

(d)

(e)

(f)

(g)

__________________. The Applicant points out that the Applicant personally knows the said Mr./Mrs. _____________, as he/she is Business Partner of the Applicant’s Firm, as Such, the _________Police have falsely implicated the Applicant. Secondly, the ‘WILL’ based on which the said Probate ws granted, has been also issued the said Business Partner, in other words, on _______________, One Spinster named ___________, who was owner of Agricultural Lands, bearing No.__/_, __/__, and __/__ of Village _________, Taluka-_______, executed a will in favour of the said will dated _______________). Thus , the Applicant is not concerned with the said ‘WILL’ also. Thirdly, the Death Certificate dated ___________, relating to the death or the said Spinster Lady, who expired on __________, has been issued BMC. (Annexed dated _________). Thus, the Applicant is not concerned with the said ‘Death Certificate’ also. Fourthly, the said Business Partner personally approached the Honourable High Court alongwith requisite documents and obtained the said Probate vide Petition, bearing No.__ of 20__ (Ex-A). Thus, the Applicant is not at all concerned with the said ‘Honourable High Court Petition and Proceedings’, also Fifthly, Subsequently, while the Applicant was in the police custody in C.R. No. __/__ dated __________ and C.R. No. __/__ dated __________, PI___________ of _______ Police Station, had made enquiries with the Applicant and the said Business Partner, about the said alleged Probate Complaint and the Business Partner gave their respective statements to the said PI ______________, On ____________, that – (1) The said ‘Probate” has lbeen legally obtained from the Honourable High Court by Following legal procedures. (2) The Complainant named Mr. ______________ does not have any ‘Locus Standi’ to make any complaint or raise any grievances against the said ‘Probate’ because the said Complainant Mr.___________ is not the owner of the said two immovable properties i.e. Hissa No. __/__ & No. __/__ and in addition, the said complainant Mr.___________ is also not the ‘Legal Heir of the said Spinster Lady. (3) on _______, the said Complainant Mr.__________ unsuccessfully tried to get his name entered into the Mutation Entry in respect of the said Hissa No. __/__ & No. __/__ vide Mutation Entry No. ____ but on _____ the said name of the said Complainant Mr._________________ was cancelled alongwith other S. No. __ vide the Mutation entry No._____. (Annexed herewith and marked as Exhibit-E is a copy of the said Mutation Entry). Thus, the said Complainant Mr._______ does not have any right to make such false allegation against the Applicant without any lawful justification. Thus, the Applicant is not concerned with the case. Sixthly, as the Applicant had already co-operated with the Police Officials of ________ Police Station i.e. PI _________ and had also given his Statement on _________ (i.e. before __ months) in the said alleged Probate matter. As such, the Physical Custody of the Applicant, is not required at all. Seventhly, the Applicant has made number of Complaints personally and through his Advocate regarding the harassment and false implication being committed by the Police Officials of _____ Police Station due to the refusal of the Applicant, to give regular bribe to them.(Annexed herewith and marked as Exhibit-F Colly. Are the

copies of the said Complaints). As such, the Police Officials of the ____ Police Station has falsely implicated the Application, in this fabricated Probate matter. (h) Eighthly, the ______ commissioner of Police has directed enquiry into the Applicant’s Complaint dated ________ and enquiry is being handled by PI _________ of _______ Police Station. As such, the Police Officials of the _____Police Station has falsely implicated the Applicant, in this fabricated Probate matter. (i) Ninthly, the Respondents did not even think to file F.I.R. in this alleged Probate case even, through one year had ed from the date of the receipt of the said of the Applicant in this case, the Respondent has ed the F.I.R. yesterday i.e. __________, because the Applicant has filed a writ Petition bearing No.__ of 20__ in this same fabricated Probate matter, to save their skin from the complaint of bribe against them. 5. That the Applicant is a Businessman and a respectable personality in the society and carrying out his business in _____. Under such a circumstances, if the Applicant is arrested in the aforesaid ‘baseless and meaningless Extortion case, the Applicant will face grave humiliation without any lawful justification. 6. That the applicant has no desire to evade the due process of law and shall face the trial, to vindicate his innocence. 7. That the applicant undertakes to not to misuse the Bail and he also undertakes to abide by the of the Bail Order. 8. That the Applicant crave, leave of this Honourable Court to add, to alter, to amend, to modify to very and /or to rescind any of the grounds aforesaid. 9. That the Applicant has not filed any other Bail Application under section 438 of the code of criminal Procedure, in any other court of Law. 10. It is, therefore, most respectfully prayed to this Honourable Court that: (a) In the event of the arrest of the Applicant, in the said alleged Probate matter’/Complaint as aforesaid, by the Respondent, the Respondent be directed, to release the Applicant on bail, on such and conditions as this Honourable Court deem fit and proper. (b) To direct the Police officials of the ________ police Station, to not to arrest the Applicant, until the Police Officials files their respective ‘Police report’ in this manner and till the final disposal of the case, as an interim relief. (c) To grant interim relief order in the of prayer (b) above; (d) Such other and further relief as this Honourbale Court deems fit and proper Dated this _______ day of ________, 20__ at ___________. Applicant Advocate for the Applicant

VERIFICATION

I, Mr. _______________, the Applicant abovenamed, do hereby state on solemn affirmation that whatever is stated hereinabove, in the foregoing Paras of the said Application, are true and correct and I believe the same to be true. On this ___day of ______________, 20__ Applicant Advocate for the Applicant