IN THE COURTR OF DISTRICT AND SESSION JUDGE,

GURGOAN, HARYANA
BAIL APPLICATION No. _____ OF 2014
IN THE MATTER OF:
Sher Singh
S/o Lt. Sh. Gugan Singh,
R/o V- 37/23 DLF Ph- III
Gurgoan, Haryana.

. Applicant
VERSUS

STATE OF HARYANA
Through SHO
P.S. CAW Cell,
Sushant Lok,
East Gurgaon, Haryana.

APPLICATION

FOR

..Respondent

ANTICIPATORY

BAIL

UNDER

SECTION 438 Cr.P.C

AND
PASS AN ORDER DIRECTING THE INVESTIGATING
OFFICER / ARRESTING OFFICER / SHO / ILAQA
MAGISTRATE TO RELEASE THE APPLICANT ON BAIL IN
THE EVENT OF HIS ARREST IN THE ABOVE MENTIONED
CASE.
OR

ANY OTHER ORDER FOR THE PROTECTION OF THE

FREEDOM AND LIBERTY TO THE APPLICANT AS THIS
HONBLE COURT MAY DEEM FIT IN ACCORDANCE WITH
THE FACTS AND CIRCUMSTANCES OF THE PRESENT
CASE.
OR
ANY OTHER ORDER OR 7 DAYS ADVANCE NOTICE TO
THE APPLICANT FOR THE PROTECTION OF THE
FREEDOM AND LIBERTY TO THE APPLICANTS AS THIS
HONBLE COURT MAY DEEM FIT IN ACCORDANCE WITH
THE FACTS AND CIRCUMSTANCES OF THE PRESENT
CASE.
MOST RESPECTFULLY SHOWETH:
1. That the Applicant is a Senior citizen of India aged
about 62 years and is thus entitled to invoke the
Jurisdiction of this Honble Court under Section 438 of
Cr.P.C by filing the present anticipatory bail application
for interest of justice. Copy of identity card of the
applicant

is

annexed

herewith

and

marked

as

Annexure A1.
2. That the applicant has been falsely roped in Complaint
bearing No. ______ dated _______ before CAW Cell,
Sushant Lok, Gurgaon, Haryan. His sons wife namely
Mrs. Deepika Shivrani (herein after referred as to the

Complainant) before Crime Against Woman Cell,

Sushant Lok, East Gurgoan, Haryana.

(herein after

referred as to the CAW Cell)

3. That the present complaint has been filed by the
complainant as an after thought and only in order to
harass the applicant and his entire family by misusing
Criminal Justice system to extort money from the family
of the Applicant.
4.

BRIEF FACTS OF THE CASE

4.1. That the Applicant is Senior citizen of Indian about 62

years old is retired General Manager from Parle Pvt.
Ltd. The applicant is suffering from various age related
aliments including high blood pressure, hypertension,
etc.
4.2. That the Applicant is a peace loving and law abiding,
citizen of India and permanent resident of the above
mentioned address having deep root in society. It is
pertinent to mention that the applicant neither has any
criminal history or record in any police station, court,
commission nor has any criminal case pending against
him in any court in India or outside India.
4.3. That marriage between the son of the Applicant and the
Complainant was solemnized on 17.04.2004 at Wed
and Wild Resort Gurgaon, with full blessing from both
sides of the family.

4.4. It is pertinent to mention that the marriage of the

Complainant with the son of the applicant was
solemnized 10 years back which prima facie shows that
in those 10 years of marriage the complainant was
never made subject to any form of cruelty in any
manner by the applicant and his family or relatives.
Hence the presumption of cruelty cannot be drawn in
favor of the complainant.
4.5. It is stated that all the allegations leveled against the
applicant and his whole family are completely false and
frivolous. However, the applicant had never treated the
complainant as an outsider and always accepted as a
part of his family by giving her a position of his
daughter.
4.6. It is also pertinent to mention that the complainant had
filed the above mentioned complaint to CAW Cell,
Sushant Lok, Gurgaon. Where she has made false and
frivolous allegations against the applicant and his whole
family member just to prosecute them in order to extort
money and harass them.
4.7. The applicant started working as receptionist in NIIT _______ where she met with one Mrs. Dharna, who
became close friend of the Complainant.
4.8. That from 05.12.2013 the Complaint had an argument
with the applicants son and left the matrimonial house
of her husband and started living with her above
mentioned close friend Mrs. Dharanas family who are

currently residing at G-236, 1 st Floor, Sushant Lok 2,

Sector 57, Gurgaon 2.
4.9. That on -------- the husband of the complainant got the
information from -------- that the Complainant was
pregnant for ----- weeks and she got the abortion of ----week fetus / zygote in the month of October on the
instigation of her friend Mrs. Dharana Chopra and her
mother -----, Mr. Saurav Chopra, Mr. Varun Yadav
without any problem, difficulty and without the consent
or permission and knowledge of her husband, relative
and in-Laws including the Applicant.
4.10. That in order to confirm the above mention information
of abortion the husband of the complainant went to the
hospital namely The Cradle Delivering joy (a group of
Apollo Hospital) he found the above mentioned
information correct and upon several request made by
him a copy of the bill of the abortion was given to him
by the hospital staff. It is pertinent to mention that
aborting of the ----- week fetus/child is heinous crime in
the eye of law and society and it amounts to Culpable
Homicide. Copy of abortion bill dated 10.10.2013 is
annexed herewith and marked as ANNEXURE A-4.
4.11. That to the utter shock and dismay of the husband
upon receiving the bill of the abortion, from the above
mentioned hospital the husband of the Complainant
filed a criminal complaint against the Complainant on
01.04.2014 for her above mentioned heinous crime of

abortion before P.S.----------. However, the police office

have neither taken any action against the complainant
and other co-accused persons named in complaint nor
lodged FIR on the basis of the complaint till date. Copy
of Complaint dated 01.04.2014 is marked herewith and
annexed as ANNEXURE A-5.
4.12. That the Complainant after getting the knowledge of the
above mentioned compliant filed by her husband, as
counter blast in order to harass her husband, her inlaws and relatives of her husband including the
Applicant has filled a false Complaint under section
498-A of Indian Penal Code, before CAW Cell, Sushant
Lok, East Gurgaon, Haryana.
4.13. It is also pertinent to mention that the above mentioned
complaint of the Complainant has been filed on the
basis of false and concocted story with complete mala
fide intention to harass her husband her in-laws
including Applicant and other relatives of her husband.
4.14. That the above mentioned Complaint before CAW cell,
Sushant Lok, East Gurgaon, Haryana has been filled
just to harass her husband and her in-laws and to grab
huge amount of money from them.
4.15. That on ------ the husband of the Complainant was
alleged to be called by one of the Mrs. ------ who is a
CAW cell office to appeared before CAW cell. It is
pertinent to mention here that the husband of the
Complainant was asked by the Investigating officer via

telephonic call and no summons was issued on the

alleged accused person to appear before CAW cell. It
is also pertinent to mention that, since the first
telephonic call from Investigating Officer of the CAW
cell, the husband, in laws and the relatives have been
appearing constantly in the CAW cell. However, the
Investigating Officer, neither showed them a copy of the
complaint nor has been marking the presence /
attendance of the husband of the Complainant and
other person allegedly named as accused in the
Complaint. The appeared on ..
4.16. In view of the above facts it is stated that the Applicant
has genuine and reasonable apprehension that he
would be falsely implicated on the basis of the false
Complaint lodged by the Complainant before CAW Cell
which may be converted in FIR at any time and the
Applicant can be arrested. The son of the Applicant was
further informed on_____ that the FIR would be
registered on the same day itself he would be arrested
along with all the surviving members of his family.
4.17. That the Applicant is constantly living under threat that
he would be arrested by the police along with his other
family members and relatives against whom similar
allegations have been leveled.
4.18. That there is absolutely no possibility of the Applicant
evading investigation. The Applicant undertakes to
make himself available for investigation as and when

required or directed by this Honble Court and

undertakes to cooperate with the investigation and shall
not tamper with witnesses in the case.
4.19. That there is no likelihood of tampering with any
evidence and the Applicant undertakes to abide by any
terms and conditions imposed by the Honble Court
while releasing the Applicant on Anticipatory Bail.
4.20. That the Applicant genuinely apprehends arrest and
hence has moved this Application. The Applicant
undertakes to abide by any condition which this Honble
Court wishes to impose upon him while granting his
prayer.
4.21. That the Applicant further, with utmost respect, submits
that in case the application of the Applicant is not
allowed, the Applicant shall suffer an irreparable loss of
equity and justice along with the loss of peace, dignity
and liberty.

PRAYER
In view of the aforesaid submissions, the Applicants most
respectfully prays, in the interest of justice that this
Honble Court may be pleased to:
A Pass an order granting interim anticipatory bail to the
applicant in meanwhile the applicant can approach to
the appropriate Court for regular Anticipatory Bail.

B Any other order or 7 days advance notice to the

applicant for the protection of the freedom and liberty to
the applicants as this Honble court may deem fit in
accordance with the facts and circumstances of the
present case.
C Pass any other orders for protection of the freedom and
liberty of the Applicant, as this Honble Court may deem
fit in accordance with the facts and circumstances of
the present complaint.

APPLICANT
THROUGH COUNSEL
VAIBHAV GAGGAR, INDRESH KUMAR,
SAKET BISANI
(ADVOCATES)
FOR GAGGAR AND ASSOCIATES
B-1/12, II FLOOR, SAFDARJUNG ENCLAVE,
NEW DELHI
IN THE COURTR OF DISTRICT AND SESSION JUDGE,
GURGOAN, HARYANA
BAIL APPLICATION No. _____ OF 2014
IN THE MATTER OF:
Prashant Shivrain
S/o Sher Singh,
R/o V- 37/23 DLF Ph- III
Gurgoan, Haryana.

. Applicant

VERSUS
STATE OF HARYANA
Through SHO
P.S. CAW Cell,
Sushant lok,
East Gurgoan, Haryana

..Respondent

IN THE COURTR OF DISTRICT AND SESSION JUDGE,

GURGOAN, HARYANA
BAIL APPLICATION No. _____ OF 2014
IN THE MATTER OF:
Mukta Shivram
W/o Sher Singh,
R/o V- 37/23 DLF Ph- III
Gurgoan, Haryana.

. Applicant
VERSUS

STATE OF HARYANA
Through SHO
P.S. CAW Cell,
Sushant lok,
East Gurgoan, Haryana

..Respondent

IN THE COURTR OF DISTRICT AND SESSION JUDGE,

GURGOAN, HARYANA
BAIL APPLICATION No. _____ OF 2014
IN THE MATTER OF:
Vijay Dahiya
S/o Lt. Sh. M S Dhaiya,
205, Sagar Apartments,
Sector 156,
Gurgoan, Haryana.

. Applicant
VERSUS

STATE OF HARYANA
Through SHO
P.S. CAW Cell,
Sushant lok,
East Gurgoan, Haryana

..Respondent

IN THE COURTR OF DISTRICT AND SESSION JUDGE,

GURGOAN, HARYANA
BAIL APPLICATION No. _____ OF 2014
IN THE MATTER OF:
Shashi Dhaiya
W/o Vijay Dhaiya,
205, Sagar Apartments,
Sector 156,
Gurgoan, Haryana

. Applicant

VERSUS
STATE OF HARYANA
Through SHO
P.S. CAW Cell,
Sushant lok,
East Gurgoan, Haryana

..Respondent