APPLICATION FOR ANTICIPATORY BAIL UNDER

SECTION 438 OF THE CODE OF CRIMINAL PROCEDURE,

1973

IN THE COURT OF THE DISTRICT & SESSIONS JUDGE, PUNE

Misc. Application No............../2019

Shri A.B.C.

Age 36 years, Occupation: Social Worker,

Resident of 175, Deccan Gymkhana,

PUNE – 411 004. .................................................. ......Applicant

Versus

The State of Maharashtra .........................................................Opponent

AN APPLICATION FOR THE GRANT OF BAIL

U/S 438 OF THE CODE OF CRIMINAL PROCEDURE, 1973

The applicant above named submits this application, praying to state as follows:

1. That the applicant is a social worker and active member of the Shiv Sena Party.
2. That the applicant has been serving the cause of society for the last more than twenty
years.
3. That during the recent by-election to the Pune Municipal Corporation in Ward No. 50,
the applicant got elected with a large number of votes against his rival candidate, Shri
X.Y.Z., who belongs to the Congress Party.
4. That during the election campaign, there were a great many allegations made by the
members of both the parties, and the said Congress candidate tried his best to make all
the malicious attempts with a sole intention to defeat the candidature of this applicant.
5. That the said Congress candidate could not withstand his defeat in the election, and
since the date of the declaration of the election result on 30 July 2019 the situation as
a whole has gone bad to worse.
6. That on or about 02 August 2019, a person alleged to have been an active member of
the Congress Party was stabbed, and he died the following day.
7. That the applicant believes that on account of such unhealthy political activities
indulged into by the said defeated candidate, some malicious plans and designs have
been worked out with an intention so as to implicate this applicant for having
committed or concerned with such a non-bailable offence.
8. That the applicant submits that since the date of the declaration of the election result
on 30 July 2019, this applicant had gone to Tirupati Balaji on a pilgrimage tour, and
when he returned back to the headquarters only yesterday night, he came to know
about such an accusation against him, and hence, this application.
9. That the applicant states and submits that he had no concern with any such offence, if
committed by some miscreants, and the contention of this applicant will be explicit
from the very fact that this applicant was out of headquarters throughout, and thus, he
is innocent too.
10. That the applicant apprehends that he may be arrested on such an accusation, and
hence, this application.
11. That this applicant furthermore submits that if this application is not granted by the
Hon’ble Court, flagrant injustice will be done to him for no fault on his part.
12. That the applicant also believes that he will not be deprived of his legitimate and
fundamental right.
13. That the proper curt-fee is paid herewith.
14. That the applicant, therefore, prays that this application be kindly allowed and orders
granting an anticipatory bail be issued in favour of this applicant.

Pune, Sd/- A.B.C.

Dated: 16-08-2019 APPLICANT

Sd/- X.Y.Z.

ADVOCATE FOR APPLICANT

Exercises for Practice

1. Application for Bail under Section 436 of the Code of Criminal Procedure, 1973 for
charge under Section 494 r/w Section 34 of the Indian Penal Code.
2. Application for Anticipatory Bail under Section 438 of the Code of Criminal
Procedure, 1973 for charges under Sections 307 and 498A of the Indian Penal Code.
3. Application on behalf of the Complainant for cancellation of Bail under Section 439
(2) of the Code of Criminal Procedure, 1973 for charges under Sections 498A and 406
of the Indian Penal Code.