IN THE COURT OF DISTRICT AND SESSION JUDGE, SAKET

COURT, DELHI AT NEW DELHI

Bail Appl. No._______ of 2019

U/S 376/506 IPC

P.S. – MALVIYA NAGAR
FIR No. 0119/2019
IN THE MATTER OF:-
SHAHBAZ ALAM
S/o Shakil Alam
R/O 6/1, Mistry Para Lane,
Kolkata – 700014 ...APPLICANT
VERSUS

STATE (NCT of Delhi) …RESPONDENT

FIRST BAIL APPLICATION UNDER SECTION 438 OF CODE OF

CRIMINAL PROCEDURE, 1973 FOR GRANT OF BAIL IN THE

EVENT OF ARREST OF THE PETITIONER IN CONNECTION

WITH CASE FIR NO. 0119 OF 2019 REGISTERED AT POLICE

STATION MALVIYA NAGAR UNDER SECTION 376/506 OF THE

INDIAN PENAL CODE, 1860.

MOST RESPECTFULLY SHOWETH

1. That the abovementioned case has been registered by the

police against the applicant on a written complaint of Mrs. Rajni

D/o Sh. Bharat Singh R/o J-4/180, 4th Floor, Khirki Extension,

Malviya Nagar.
2. That the complainant and the accused/applicant had known

each other from November 2017 and were in a consensual

relationship for more than a year. That the complainant resides

in Delhi and the Accused/Applicant is a resident of Kolkata.

That the applicant and the complainant used to frequently visit

each other and were sharing a healthy relationship. It is stated

that the Applicant/Accused had showed his desire to marry the

complainant in the month of December 2018 and promised to

speak to his parents and try and convince them for the same.

That as the Accused/Applicant is pursuing B.Com (Final Year)

and had to give his final year exams, therefore, the applicant left

for Kolkata for giving his exams and for speaking to his parents

regarding solemnization of marriage with the complainant.

3. That the Applicant informed his parents about his desire to

marry the complainant but the parents of the applicant

vehemently refused to the same as the Applicant (Muslim) and

complainant (Hindu) were of different religious background. That

even after that the Applicant and the complainant met on 2nd

February, 2019 and 8th February, 2019 in Kolkata wherein he

expressed his desire to marry the complainant. That after that

the parents of the applicant stopped him from maintaining any

relation with the complainant and took away his phone.

4. That subsequently the complainant filed a false and

frivolous case against the petitioner when in fact the Applciant

wanted to marry the complainant.

5. That it is submitted that subsequent to indulgence of the

elders of the family, the applicants family agreed for

solemnization of the marriage between the applicant and the

complainant and in furtherance of the same the applicant and

the complainant got married on 14.05.2109. That the said

marriage was also registered on 14.05.2019 as Serial No. 41 at

page no. 41 in Volume No. 498 in the office of the Muslim

Marriage & Divorce Registrar, Tiljala, Govt. of West Bengal.

That the applicant and the complainant are in law husband and

wife. (Copy of the marriage registration certificate is marked and

annexed herewith as ANNEXURE A-1).

6. That it is further stated that a letter dated 18.05.2019 was

sent by the complainant to the Investigating Officer stating that

"she has now understood that the applicant always had the

intention to marry her and has happily married her with the

blessings of the elderly on 14.05.2019. The complainant further

requested to drop the proceedings against applicant as she had no

grievance against the applicant." (Copy of the letter dated

18.05.2019 is marked and annexed as ANNEXURE A-2).

7. That since the promise made by the applicant to marry the

complainant was not a false promise made with the intent to

satisfy his lust which is evident from the fact that he has

married the complainant, therefore, it has to be scene that what

has occurred is only acknowledgment of consensual physical

relationship between the parties.

 8. That the alleged dispute is private in nature between the

applicant and the complainant and has been amicably resolved.

9. That the Applicant is of tender age and is of only 23 years

and has never been involved in any case previously.

10. That considering the young age of the Applicant and his

future aspects the Applicant prays for lenient view to be taken.

11. That no useful purpose be served by sending the Applicant

to the custody and declining him relief of Anticipatory bail

12. That the Accused/Applicant is ready to join the investigation

as and when called by the police in connection with the above

case.

13. That there is no likelihood of the Accused absconding or

tampering with the prosecution case in any manner.

PRAYER

In view of the facts, circumstances and submissions made herein

above, the Applicant humbly prays that this Hon’ble Court may be

graciously pleased to:

(a) Pass an order directing the release of the Applicant on bail in

relation with case FIR No. 119/2019 registered with, Police

Station: Malviya Nagar, New Delhi on such terms and

conditions as this Hon’ble Court may deem fit and proper

and/or;
(b) to pass any further or other order(s) or directions as this

Hon’ble Court may deem just, fit and proper in the facts of

the case and in the interest of justice and equity.

HIMANSHU NAILWAL
ADVOCATE FOR THE APPLICANT/ACCUSED
C - 586, (LGF), Defence Colony, New Delhi – 110024
Ph: 011-41665580, 9910845806
New Delhi
Date: 31.05.2019
 IN THE COURT OF DISTRICT AND SESSION JUDGE, SAKET
COURT, DELHI AT NEW DELHI

Bail Appl. No._______ of 2019

U/S 376/506 IPC

P.S. – MALVIYA NAGAR
FIR No. 0119/2019
IN THE MATTER OF:-
SHAHBAZ ALAM ...APPLICANT
VERSUS

STATE (NCT of Delhi) …RESPONDENT

INDEX

S. NO PARTICULARS PAGE NO.

1. BAIL APPLCIAITON UNDER SECTION 437 1-6
OF THE CRPC ALONGIWTH
ACCOMPANYING AFFIDAVIT
2. FIR BEARING NO. 119/2019 AT PS: 7-9
MALVIYA NAGAR
3. ANNEXURE A-1 10
COPY OF THE REGISTRATION CERTIFICATE
DATED 14.05.2019
4. ANNEXURE A-2 11
COPY OF THE LETTER DATED 18.05.2019
5. VAKALATNAMA 12

HIMANSHU NAILWAL
ADVOCATE FOR THE APPLICANT/ACCUSED
C - 586, (LGF), Defence Colony, New Delhi – 110024
Ph: 011-41665580, 9910845806
New Delhi
Date: 31.05.2019
 IN THE COURT OF DISTRICT AND SESSION JUDGE, SAKET
COURT, DELHI AT NEW DELHI

Bail Appl. No._______ of 2019

U/S 376/506 IPC

P.S. – MALVIYA NAGAR
FIR No. 0119/2019
IN THE MATTER OF:-
SHAHBAZ ALAM ...APPLICANT
VERSUS

STATE (NCT of Delhi) …RESPONDENT

AFFIDAVIT

I, Rajani @ Sonia W/o Shahbaaz Alam R/o J-4/18D, 4th Floor,

Krishna Temple, Land Khirki Extension, Malviya Nagar, South
Delhi-110017 do hereby solemnly affirm and declare as under:

1) That I am the complainant in case FIR No. 119/2019

registered at PS: Malviya Nagar u/s 376/506 against my
husband i.e. Shahbaaz Alam S/o Sh. Shakeel Alam R/o
House No. 6/1, Mistri Para Lane City District Kolkata West.

2) That I and Shahbaaz were in a consensual relationship for

more than a year and were living happily with each other.
That in December, 2018, Shahbaaz left for Kolkata to give
his final year exams and promised me that he will speak to
his parents about our marriage.

3) That after December, 2018, Shahbaaz did not inform me

about the status of our marriage and I got the impression
that he is trying to avoid out marriage. That in the month of
April, 2019, due to mis-communication and my anger I had
filed a complaint to the police station Malviya Nagar under
section 376/506 of the Indian Penal Code against Shahbaaz.
4) That in the month of April end, I got to know that due to the
religious differences between me and Shahbaaz, he was not
able to convince his parents for our marriage but after a lot
of efforts he was able to convince his parents and they had
acceded to our marriage. That it was clear that Shahbaaz i.e.
my husband was always ready and willing to marry me and
was in love with me.

5) That on 12th May, 2019, Shahbaaz had called me to Kolkata.

That on reaching Kolkata, Shahbaaz and his family greeted
me with respect and dignity. And subsequently on
14.05.2019 with everyone blessings me and Shahbaaz
solemnized our marriage and also got our marriage
registered on 14.05.2019 as Serial No. 41 at page no. 41 in
Volume No. 498 in the office of the Muslim Marriage &
Divorce Registrar, Tiljala, Govt. of West Bengal. (Copy of
our marriage certificate is marked and annexed as
ANNEXURE A-1).

6) That I also issued a letter to the Investigating Office Ms.

Beena on 18.05.2019 informing the above mentioned facts
and had requested her to drop proceedings against my
husband i.e. Shahbaaz. (Copy of the letter is marked and
annexed as ANNEXURE A-2).

7) That I am stating that I have validly registered my marriage

with Shahbaaz and we are now living as husband and wife
and Shahbaaz is also discharging all his matrimonial duties
towards me.

8) That Shahbaaz always wanted to marry me and had never

made a false promise to me and it was only because his
parents were against our marriage due to our different
religious background and were not letting him communicate
properly to me that I registered the complaint.
 9) That I humbly pray and request that all criminal
proceedings against my husband in relation with FIR No.
119/2019 at PS: Malviya Nagar be withdrawn and dropped
as I am happily married with Shahbaaz.

DEPONENT
VERIFICATION:-
Verified on this the day of May, 2019 at New Delhi that all the
contents of above affidavit are true and correct to best of my
knowledge and nothing material has been concealed there from.

DEPONENT