Section 307, 392, 323, 143, 323, 143, 144, 147, 148,
149 of I.P.C.

IN THE HIGH COURT OF JUDICATURE AT——
CRIMINAL APPELLATE JURISDICTION CRIMINAL
ANTICIPATORY BAIL APPLICATION NO.: – OF 2022
DISTRICT: —-
First Application for Anticipatory bail, in Hon’ble High Court u / s. 438 of
Cr.P.C. in connection with
Police Station C. R. No. ————-registered under Section 307, 392, 323,
143, 323, 143, 144, 147, 148, 149 of I.P.C. and 37(1)135 of B. P. Act.
ABC , ) Age 45 years, Occ. Business, )
Navin Ali, )
Ramnagar, Dist. Thane ) Applicant
Versus
THE STATE OF MAHARASHTRA )
[ Ramnagar Police Station] ) Respondent

TO,
THE HONORABLE CHIEF JUSTICE AND THE OTHER HONORABLE
COMPANION JUDGES OF THE HONORABLE HIGH COURT OF
JUDICATURE AT BOMBAY.
THE HUMBLE APPLICATION OF THE APPLICANT ABOVENAMEDMOST
RESPECTIFULLY SHEWETH:

1. The Applicants approaches this Hon’ble Court with the prayer that this
Hon’ble Court may be pleased to exercised its jurisdiction under section
438 of Cr. P. C. and this Hon’ble court may be pleased to release the
Applicant above named on bail on any suitable terms and conditions, as
this Hon’ble Court may deem fit and proper, in the event of his arrest in
connection with the Ramnagar East Police Station C. R. No. I – 123 / 2022
registered under Section 307, 392, 323, 143, 323, 143, 144, 147, 148, 149
of I.P.C. and 37(1)135 of B. P. Act.
2. The brief facts of the prosecution case as revels from F.I.R. are as
under: The complainant Ramesh Rao, R/o. Ramnagar has lodged FIR
against the applicant and others on 15/9/2022 at 4:30 a.m. in respect of the
incident that allegedly took place on 15/9/2022 at 2:00 a.m. The
complainant has alleged that he was having love affair with one Ashu, i.e.
the daughter of the present applicant since last 6 month and when her
parents came to know about the same, they stopped her college and
tuitions since three month and therefore the complainant could not meet
her and they were communicating on phone or through SMS. It is alleged
that prior to 2 – 3 days the said Ashu asked the complainant to meet her on
15/9/2022 at 2:00 a.m. It is alleged that accordingly the complainant went
near the house of said Ashu and was waiting for her; however she did not
came. It is alleged that while the complainant was proceedings towards the
house of the said Ashu i.e. Applicant’s house, he was given blows by sharp
edged weapon on his head and back and thereafter he fell down and he
was assaulted by fist blows and at thattime he saw the faces of the
assailants. It is alleged that at that time his gold chain and mobile was
snatched. The complainant has alleged that 1) ABC, 2) DEF, 3) GHI, 4)
JKL, 5) MNO, 6) PQR, 7) STU, 8) UWX and 9) YZA and some others were
the person who assaulted him. The complainant further alleged that the
accused thereafter took him near the house of ABC / Applicant and he was
thrown there and thereafter Police came to the spot and he was taken to
the Rural Hospital. The statement of complainant was recorded and
offence was registered against the Applicant and others vide Ramnagar
Police Station C. R. No. I – 123 / 2022 registered under Section 307, 392,
323, 143, 323, 143, 144, 147, 148, 149 of I.P.C. and 37(1)135 of B. P. Act.
Here to annexed and marked as “Exhibit – A ” is the Copy of the said F.I.R.
in Ramnagar Police Station C. R. No. I – 123 / 2022.

3. The Applicant states that the FIR lodge by the complainant is absolutely
false and on the contrary the complainant tried to outrage the modesty of
one Ms. YZA i.e. the niece of the present applicant. She has contended
that she slept in her house along with her family members on that day and
she wake up at about 1:30 a.m. on 15/9/2013 for answering natures call
and while she was proceeding to bathroom, which is at a distance of 50
feet from her residence, one person i.e. Ramesh Rai hugged her from
behind in indecent manner and she started shouting and her family
members gathered and caught him. At that time while he was trying to
escape, he felled down and sustained injuries on his head. At that time the
Applicant made phone call to police and they took Ramesh along with them
and the complainant thereafter lodged FIR against said Ramesh Rai and
on the basis of said complaint offence came to be registered against said
RameshRai vide Ramnagar East Police Station C. R. No. I – 456 / 2022
under Section 354 of I.P.C. Here to annexed and marked as “Exhibit – B” is
the Copy of the said F.I.R. in Ramnagar Police Station C. R. No. I – 456 /
2022
4. The Applicant states that after the said incident one YZA (sister in law of
the Applicant) called the police to the said spot and she immediately went
to the Police Station; however instead of recording complaint of YZA, the
Police first recorded the complaint of said Ramesh Rai and initially the YZA
was made to sit in the Police Station and then she was arrested and some
other accused were also came to be arrested
5. The Applicant states that the Applicant was a councilor of Ramnagar
Municipal Council in the last term and presently his wife is the councilor of
said Council. The Applicant states that the Applicant is a active worker of
Shivsena Party and he is also associated with various social and welfare
activities in Ramnagar. The Applicant is falsely implicated in the alleged
office on account of political motive.
6. The Applicant states that in the circumstances the Applicant preferred an
Application for Anticipatory bail bearing No. 555 / 2022 and after hearing
both the side the Ld. Addl. Sessions Judge, Kalyan by an Order dated
30/9/2022 rejected the said Application. The Copy of the said Order dated
30/9/2022 passed by the Ld. Addl. Sessions Judge, Kalyan below Exh. 1 in

Cri. Anticipatory Bail Appln. No. 555 of 2022 is annexed herewith and
marked as “Exhibit – B”.
7. The Applicant states that the investigation of the offence has been
practically completed considering the facts and circumstance it cannot be
said that any offence u/s. 307 has been made out by the complainant. The
applicant states that for the reasons stated above the applicant above
named has reasons to believe that he may be arrested by the police on the
accusation of having committed anon-bailable offence and therefore the
Applicant approaches this Hon’ble Court for releasing him on bail in the
event of his arrest (anticipatory bail) on the following amongst many others
grounds, which are pleaded without prejudice to one another:
GROUNDS
1. That the Applicant is innocent and he is falsely implicated in the alleged
offence. He has nothing to do with the alleged offence.
2. That assuming the allegations made by the prosecution true for the sake
of argument, the incident occurred in such situation that it can be seen that
there was neither any motive nor intention to kill the complainant and as
such the present applicant cannot said to have committed an offence
punishable u/s. 307 of I.P.C.
3. That the Complainant is residing at Apte Wadi and where as the accused
Applicant are residing at Navin Shinde Wadi and considering the distance,
there was no reason for the complainant to come near the residence of the
Applicant at about 2:00 a.m. and that itself show the mala fide intentions of
the complainant.
4. That the complainant was admitted in hospital from 15/9/2022 to
26/9/2022 and he has been discharged from the hospital and even injuries
sustained by him are not serious. That apart the alleged weapons of
assault and the mobile has been recovered and as such the presence of
the applicant for custodial interrogation is not necessary.
5. That no overt act what so ever has been attributed to the present
applicant
6. That taking in to consideration the totality of the circumstance by no
stretch of imagination it can be said that the applicant can be held guilty of

the offence punishable u/s. 307 of I.P.C. punishable with death or
imprisonment for life.
7. That the Applicant is residing at the address mentioned herein above,
along with his family and as such he will not abscond anywhere if he is
released on bail.
8. The Applicant undertakes that he shall make himself available for
interrogation by the police officer, in connection with this offence as and
when required.
9. That the Applicant was elected as councilor of Ramnagar Municipal
Council and he has been implicated in the said offence with some mala fide
political motive;
10. That offence u/s. 354 of IPC is registered against the Complainant and
it was the Applicant’s sister in law, who made a phone call to the Police for
informing the said incident to police and only on the basis of phone call
made by her, the Police visited the spot.
11. That as per the observation of medical officer, the complainant
sustained the injury due to blunt object and it falsifies the allegation of the
complainant that the injury was caused by a sharp edged weapon and
considering the nature and place of injury the allegations made by the
complainant that he was assaulted from the back side are apparently false
and on the contrary it support the story narrated by Ms. Varsha.
12. That the Applicants craves leave to add, alter or amend any of the
ground aforesaid.
13. That the accused Applicants are ready and willing to furnish reasonable
surety that this Hon’ble court deem fit.
14. That the Applicant is ready and willing to abide by the terms and
conditions put by this Hon’ble court, if he is released on anticipatory bail.
15. That the accused Applicant will not misuse the liberty and will not
tamper the evidence.
16. That there are no criminal antecedents against the Applicant.

17. No other application is filed in Supreme Court or any other Court
regarding the Subject matter. In the circumstances aforesaid the Applicants
prays that,
a) The Accused Applicants above named may please be released on bail
in the event of his arrest in connection with nagar Police Station C. R. No. I
– 123 / 2022 registered under Section 307, 392, 323, 143, 323, 143, 144,
147, 148, 149 of I.P.C. and 37(1)135 of B. P. Act. on such terms and
condition as this Honourable Court may deem fit and proper.
b) That pending the hearing and final disposal of this application the
applicant be released on interim bail in the event of his arrest, in connection
with the Ramnagar Police Station C. R. No. I – 123 / 2022 registered under
Section 307, 392, 323, 143, 323, 143, 144, 147, 148, 149 of I.P.C. and
37(1)135 of B. P. Act on such terms & conditions as this Hon’ble court
deem fit and proper;
c) Ad-interim relief, in terms of prayer clause (b) above, d) And for such
other and further relief as the nature and circumstance of the case may
require.
AND FOR WHICH ACT OF KINDNESS AND JUSTICE, THE APPLICANT
SHALL AS IN DUTYBOUND EVER PRAY. MUMBAI DATED: / / 20
Applicant ———–Advocate for the Applicant

VERIFICATION
I Shri. ABC, Age – 45 years, the Applicant above named, residing at village
Ramnagar, Dist. Thane do hereby state on solemn affirmation that what is
stated in the above paragraphs is true & correct to the best of my
knowledge & information, which I believe to be true. Mumbai Date: / / 20
Applicant I know the deponent. Advocate for Applicant