IN THE COURT OF DISTRICT AND SESSIONS JUDGE , BHOPAL

REGULAR TRIAL NO. OF 2018

IN THE MATTER OF: -

Nishant Jain S/o R.K. Jain

Aged about 36 years,
R/O H. No. E-7/817,
Arera Colony , Bhopal (M.P.) … Applicant

VERSUS
State of Madhya Pradesh
through P.S. Bagsevania ……
Respondent

APPLICATION UNDER SECTION 438 OF CODE OF CRIMINAL

PROCEDURE ,1973

MOST RESPECTFULLY SHOWETH:

1. That the applicant in the instant bail application Nishant Jain is a

graduate in Bachelor of Science, graduated from Shridhar University,
Rajasthan, involved in the family business of retail medicine store.
2. That the applicant is a Husband and a father of 2 year old child from a
three year old wedlock since April , 2019.COPY OF THE MARRIAGE
CERTIFICATE IS ATTACHED AS A
3. That the applicant has been framed in a contrived F.I.R. registered in
Police Station Bagsevania bearing crime no. 0263/2022 dated
13/04/2022.
4. That the applicant used to manage a medical store in the name of
Vardhman Medical Stores a partnership firm to which his father Mr.
R.K Jain was partner situated in a shop at E-5/24 Global Hospital
Arera Colony , Bhopal (Hospital run by Bhopal Institute of
Gastroenterology Private Limited ) from 2006 to 2009 . COPY OF
RENT AGREEEMENT, FIRM REGISTRATION CERTIFICATES AND
PARTNERSHIP DEED IS ATTACHED AS ANNEXURE B, C, D.
5. That the applicants father shut down the medical store situated at
global hospital in 2009.
6. That the after closing the Vardhman Medical Stores in 2009 , the
applicant started his pharmacy store at E-3/120-121 , Gastrocare
Hospital after acquiring drug license in his own name in the year 2011
bearing reference no. 20/149/27/2011 and continued his business
from there until December,2020. COPY OF THE RENEWED DRUG
LICENSE and Gumasta DATED 16/2/2012 IS ATTACHED AS
ANNEXURE E & F RESPECTIVLEY.
7. That the applicant first came in contact with the complainant at
Computer Coaching institute around 2011, where she introduced
herself to the applicant with her underprivileged whereabouts and
informed that she works at a Women Beauty Salon.
8. That the complainant grew closeness with the applicant exaggerating
on her under privileged financial conditions and posing herself as the
most responsible member taking care of her sisters.
9. That the friendship between the applicant and the complainant grew
better with time and with an intention help getting business to the
complainant salon, applicant started taking his mother to the salon for
her personal care, which in turned the friendship to family
relationships. COPY OF PICTURES OF APPLICANTS BROTHER
MARRIAGE WHICH WAS HELD IN 2012 ARE ATTACHED AS
ANNEXURE G.
10. That the applicant and the complainant shared a mutual and a
cordial relationship which ended in 2013 on a positive note , after the
involvement of the complainant with other men, applicant and the
complainant stayed connected and visited each other in family
functions only.
11. That the complainant got married in the year 2018 , after a love
affair with one Mr. Rajesh Wadhva. COPY OF PICTURES OF HER
MARRIAGE IS ATTACHED AS ANNEXURE H.
12. That the complainant along with his family resides on rent at
143, Krishna Enclave Hoshangabad Road , Bhopal , which belongs to
the applicant being it rightful owner. COPY OF THE REGISTERED
SALE DEED IS ATTCHED AS ANNEXURE I.
13. That on 23/06/2020 , F.I.R against the complainant and his
husband was filed by M.P. S.T.F U/S 420,467,468,471,120-B, for
which the complainant and his husband was sent to judicial custody
and his husband is still in jail. COPY OF THE F.I.R. , COPY OF
ANOTHER COMPLAINT AND COPY OF NEWS ARTICLES ARE
ATTACHED AS ANNEXURE J ,K & L.
14. That the applicant after getting the news of their fraud
committed against several people in the name of government, the
applicant started insisting the complainant to vacate his house, which
was stalled by the complainant abusing their cordial relationship with
the applicant and his family.
15. That the applicant resisted their possession of the property,
until few days back when the applicant thought of selling the above-
mentioned property.
16. That before finalizing any potential buyer, the applicant thought
of getting the property vacated, which led to further persuasion.
17. That the persistent persuasion lead the complainant to
frivolously threaten the the applicant of getting him framed in a
cooked up of crime against women, against which an application was
given in the Police Station Habib Ganj. COPY OF THE COMPLAINT IS
ATTACHED AS ANNERXURE M.
18. That as per section of , now it is the right of the co-
accused to relived with an anticipatory bail
19. That the applicant has a valid reason to believe that he can be
arrested by the police officials in persuance of of contrived fir
no.0262/2022
20. That the applicant has responsbility of his family and
contributes i earning member in the family.
 21. That the applicant is a law abiding citizen , an arrest would
cause a set back to the accused and will erode his trust with the law
and order facility of our country.
22. That considering the abovementioned circumastances it is in the
interest of justice to grant bail to the applicant.
23. That the applicants have paid the court fees and presented this
application before this honorable court.

Verification:

Verified at BHOPAL on this ______ day of _______2018

that the facts stated in paras 1 TO 21 hereinabove are true to my

personal

knowledge, no part of this Affidavit is false and nothing material is

concealed therefrom.

DEPONENT

Prayer:

IT IS MOST HUMBLY PRAYED THAT IN VIEW OF THE FACTS MENTIONED

ABOVEAND THIS HONORABLE COURT MAY IN THE INTEREST OF
JUSTICE :

1. GRANT AN ANTICIPATORY BAIL TO THE APPLICANT.

2. PASS ANY OTHER AND FUTHER ORDER AS THIS HON’BLE COURT
MAY DEEM FIT AND PROPER UNDER THE FACTS AND
CIRCUMSTANCES OF THIS CASE.

FILED BY: -

APPICAN
T
PLACE :

DATED: Through
COUNSEL
SAURABH NAMDEO
RAHUL MACHEVAR
(Advocate)
 IN THE COURT OF DISTRICT AND SESSIONS JUDGE , BHOPAL

REGULAR TRIAL NO. OF 2018

IN THE MATTER OF: -

Nishant Jain S/o R.K. Jain

Aged about 36 years,
R/O H. No. E-7/817,
Arera Colony, Bhopal (M.P.) … Applicant

VERSUS
State of Madhya Pradesh
through P.S. Bagsevania … Respondent

LIST OF DOCUMENTS

S.No NAME OF DOCUMENT ATTACHED AS

1. Marriage Certificate of the ANNEXURE- A
Applicant.

2. Copy of Rent agreement ANNEXURE- B

3. Firm registration certificates ANNEXURE- C
4. Partnership Deed ANNEXURE - D
5. Copy of the renewed drug ANNEXURE - E
license
6. Copy Gumasta DATED ANNEXURE - F
16/2/2012
7. Copy of pictures of applicant’s ANNEXURE - G
Brother marriage which was
held in 2012
8. Copy of pictures of her ANNEXURE - H
marriage.
9. Copy of the registered sale deed ANNEXURE - I
is attched as annexure i.

10. Copy of the F.I.R registered at ANNEXURE - J

m.p. stf

11. Copy of Another Complaint ANNEXURE - K

12. Copy of news articles ANNEXURE - L

13. Copy of the complaint for ANNEXURE - M

 threat

APPLICAN
T
PLACE :

DATED: Through
COUNSEL

SAURABH
NAMDEO
RAHUL MACHEVAR
(Advocate)

IN THE COURT OF DISTRICT AND SESSIONS JUDGE , BHOPAL

REGULAR TRIAL NO. OF 2018

IN THE MATTER OF: -

Nishant Jain S/o R.K. Jain

Aged about 36 years,
R/O H. No. E-7/817,
Arera Colony , Bhopal (M.P.) … Applicant

VERSUS
State of Madhya Pradesh
through P.S. Bagsevania …… Respondent

AFFIDAVIT

I r/o DO HEREBY SOLEMNLY AFFIRM

AND DECLARE AS UNDER :

1. THAT AN APPLICATION UNDER SEC 438 C.R.P.C HAS BEEN FILED

BY THE APPLICANT THROUGH ME BEFORE THIS HON’BLE COURT.
2. THAT THE INSTANT APPLICATION IS THE FIRST ANTICIPATORY BAIL
APPLICATION AND THERE IS NO OTHER APPLICATION PENDIG
BEFORE ANY OTHER COURT.
3. THAT THE FACTS AND A CIRCUMSTANES MENTIONED IN THE
ABOVE APPLICATION ARE TRUE AS PER MY PERSONAL
KNOWLEDGE AND BELIEF.
4. THAT THE INSTANT AFFIDAVIT HAS BEEN FILED IN SUPPORT OF
THE ABOVEMENTION BAIL APPLICATION.

DEPONENT

Verification: Verified at BHOPAL on this ______ day of _______2018

that the facts stated in paras 1 hereinabove are true to my personal

knowledge, no part of this Affidavit is false and nothing material is

concealed therefrom.

DEPONENT