IN THE HON'BLE COURT OF THE DISTRICT &
SESSIONS JUDGE: DISTRICT AMBALA, HARYANA
IN THE MATTER OF:-
KAMALJEET SINGH
S/O [Link] SINGH
R/O OPPOSITE SBI, THANA ROAD,
DASMESH NAGAR, MUKERIAN,
DISTRICT HOSHIARPUR,
PUNJAB …PETITIONER
VERSUS
STATE …RESPONDENT
FIR NO.32/2016
U/S 294/498-A/406/506/34 IPC
P.S.: Women Police, Ambala
INDEX
S. NO. PRATICULARS COURT PAGES
FEE
1. APPLICATION UNDER SECTION
438 Cr.P.C. ON BEHALF OF THE
PETITIONER VIRENDER SINGH
DABAS ALONG WITH
AFFIDAVIT
2. LIST OF DOCUMENTS ALONG
WITH DOCUMENTS.
3. VAKALATANAMA
PLACE: AMBALA PETITIONER
DATE: THROUGH
COUNSEL
IN THE HON'BLE COURT OF THE DISTRICT &
SESSIONS JUDGE: DISTRICT AMBALA, HARYANA
IN THE MATTER OF:-
KAMALJIT SINGH
S/O [Link] SINGH
R/O OPPOSITE SBI, THANA ROAD,
DASMESH NAGAR, MUKERIAN,
DISTRICT HOSHIARPUR,
PUNJAB …PETITIONER
VERSUS
STATE …RESPONDENT
FIR NO.32/2016
U/S 294/498-A/406/506/34 IPC
P.S.: Women Police, Ambala
APPLICATION UNDER SECTION 438 Cr.P.C.
FOR ANTICIPATORY BAIL ON BEHALF OF
THE PETITIONER KAMALJIT SINGH.
MOST RESPECTFULLY SHOWETH:-
FACTS IN BRIEF:-
1.
That the marriage of the petitioner was solemnized with
the complainant in presence of friends and relatives in
a very simple manner without any demand of dowry at
Mukerian, Punjab as both the parties belongs to
Mukerian, Punjab.
2.
That after the marriage, the complainant was given a
warm welcome with love and affection by the
petitioner and his parents and throughout her stay
with the petitioner, the complainant was never
treated in the manner as alleged in the impugned FIR
and all the allegations as leveled are infact self
imaginary, concocted, frivolous and facetious on the
face of it as there is no iota of truth in it and just
have been alleged to malign the image of the
petitioner and his family members solely on the
instigation of her parents and with sole motive and
intention to extort money under the garb of the
abovesaid offences.
3.
That the complainant had alleged all false and frivolous
allegations against the petitioner and his married
sister and brother which have no merits and are
baseless but have been alleged just to harass the
undersigned in order to achieve her nefarious acts
and designs which she is secretly maintaining and is
acting completely on the instigation of her parents.
Particularly on the instance of her father, who was
working at Ambala in Railway Police. Cursory look
of the complaint would show that no ingredient of
alleged offence available in the requisite material
constituting this FIR. The copy of the FIR is annexed
herewith as Annexure-P-1 for kind perusal of this
Hon'ble Court.
4.
That most glaring feature of the complaint is that
neither marriage was solemnized at Ambala nor the
complainant belongs to Ambala, as the parental
house as well as matrimonial of the complainant is
situated at Mukerian, Punjab, she never came to
Ambala before and after solemnization of the
marriage, she never accompany the petitioner and
the other accused in Ambala, therefore, this place is
not a place of occurrence even if it is presumed that
any offence has committed just to harass and false
implication of the petitioner and his family members
at the instance of the father of the complainant.
5.
That the father of the complainant being having
command in railway police has misuse the
machinery of the Govt. for his selfish motive just to
harass the petitioner and his family and to pressurize
him to dance on his tune and just to extort the money
from the petitioner as her daughter is having the
entire jewellery with her before the petitioner left
India after his marriage with the complainant.
6.
That bonafide of the petitioner shows from the act that
he arranged the visa of the complainant and also sent
the ticket to the complainant to join him at Italy and
the same was shown before the Hon'ble High Court
of Punjab & Haryana at Chandigarh where the
petition for quashing the FIR is pending on behalf of
the brother and sister of the petitioner. The copy of
the same herewith as Annexure-P-2. it shows
clearly intention of the complainant that she is no
more interested to save the holy matrimonial tie with
the petitioner and the complainant particularly her
father just want to grab the property of the petitioner
as he is having only his younger brother here at
Punjab and his parents are not alive and the sister of
the petitioner is already married.
7.
That the complainant was aware at the time of the
marriage that the petitioner lives at Italy and she has
to join the company of the petitioner at Italy only but
now she is flatly refused to go with the petitioner
even inspite of providing visa and ticket. The
petitioner has also sent money to the complainant
whenever she demand for her day to day affairs.
8.
That the petitioner undertakes to comply with the terms
and conditions which will be imposed upon him by
this Hon'ble Court while granting the anticipatory
bail.
9.
That generally the rule is to allow bail rather to refuse
the bail. The bail ought not to be held as punishment
since the law presumes an accused till the guilt is
proved.
PRAYER:
It is therefore, most respectfully prayed, the S.H.O./I.O. of Police Station Women Police
Station, Ambala may kindly be directed to enlarge the petitioner on bail, in the event of his
arrest, in the interest of justice.
PLACE:AMBALA PETITIONER
DATE: THROUGH
COUNSEL
IN THE HON'BLE COURT OF THE DISTRICT &
SESSIONS JUDGE: DISTRICT AMBALA, HARYANA
IN THE MATTER OF:-
KAMALJEET SINGH
S/O [Link] SINGH
R/O OPPOSITE SBI, THANA ROAD,
DASMESH NAGAR, MUKERIAN,
DISTRICT HOSHIARPUR,
PUNJAB …PETITIONER
VERSUS
STATE …RESPONDENT
FIR NO.32/2016
U/S 294/498-A/406/506/34 IPC
P.S.: Women Police, Ambala
AFFIDAVIT
Affidavit of [Link] Singh S/o [Link] Singh R/o
Opposite SBI, Thana Road, Dasmesh Nagar, Mukerian,
District Hoshiarpur, Punjab, presently at Ambala, Haryana
I, the above named deponent do hereby solemnly affirm and
declare as under:-
1. That I am the petitioner in the abovenoted bail
application and I am well conversant to the facts and
circumstances of the case, as such am fully competent to
swear the present affidavit.
2. That the contents of the accompanying bail application
under section 438 Cr.P.C. may kindly be read as part and
parcel of this affidavit.
3. That I have not filed any similar application for
anticipatory bail earlier either before this Hon'ble Court
or before the Hon'ble High Court or before the Hon'ble
Supreme Court and the accompanying anticipatory bail
application is my first anticipatory bail application.
DEPONENT
VERIFICATION:-
I do hereby solemnly affirm and declare that the contents of
the abovesaid affidavit are true and correct to the best of my
knowledge and nothing material has been concealed
therefrom.
Verified at Ambala on this ______ day of February 2019.
DEPONENT
