MARKED ASSIGNMENT – 3

(ANTICIPATORY BAIL)

GROUP NO: 4
 IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 2110 of 2021
FIR NO. 512/2021, U/S:12 OF POCSO ACT 2012 AT MODEL TOWN POLICE STATION
[UNDER SECTION 438 OF CODE OF CRIMINAL PROCEDURE, 1973]

IN THE MATTER OF:

Mr. Aman Singh

Currently residing at:
34/2B, Model Town,
New Delhi- 110009 … Applicant

VERSUS

State (NCT of Delhi)

Through SHO,
Model Town Police Station … Respondent

INDEX

SL. PARTICULA PA
NO. RS GE
NO
.
1. Memo of Parties 1
2. Notice of Motion 2
3. Petition for Urgency 3
4. List of Dates 4-5
5. Application under Section 438 read with Section 482 of the Code of 6-9
Criminal Procedure, 1973 for the grant of anticipatory bail to the
Applicant along with Affidavit.
6. List of Documents 11
Impugned Order: A certified copy of the order dated 07.12.2021 passed
by the ld. Additional Sessions Judge, Rohini Court, Delhi
Annexure P/1: A true translated copy of the FIR dated 30.11.2021
registered at Model Town Police Station, Delhi
Annexure P/2: Photograph of the parking space shared between the
Applicant and the Complainant
Annexure P/3: Dated Photograph of the punctured car belonging to the
Applicant
Annexure P/4 (Colly.): Copies of the travel ticket, hotel receipt and
conference invitation sent to the Applicant
Annexure P/5: CCTV Footage from the shop across the street on the
date of the alleged harassment
Annexure P/6: A true copy of the Anticipatory Bail Application No.
702 of 2021 filed by the Applicant before the ld. Additional Sessions
Judge, Rohini Court, Delhi
7. Vakalatnama 12-
13
 Filed for:

Aman Singh
Through

Sonakshi Garg
F/769/654/2018

Advocates for the Applicant

Chamber: 170 Lawyers’ Chambers,
Block III, Delhi High Court,
Date : 10.12.2021 New Delhi – 110057
Place : New Delhi Mob. 9920849938, 9760999331
 IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 2110 of 2021
FIR NO. 512/2021, U/S: 12 OF POCSO ACT 2012 AT MODEL TOWN POLICE STATION
[UNDER SECTION 438 OF CODE OF CRIMINAL PROCEDURE, 1973]

MEMO OF PARTIES

IN THE MATTER OF:

Mr. Aman Singh

Currently residing at:
34/2B, Model Town,
New Delhi- 110009 … Applicant

VERSUS

State (NCT of Delhi)

Through SHO,
Model Town Police Station … Respondent

Filed for:

Aman Singh
Through

Sonakshi Garg
F/769/654/2018

Advocates for the Applicant

Chamber: 170 Lawyers’ Chambers,
Block III, Delhi High Court,
Date : 10.12.2021 New Delhi – 110057
Place : New Delhi Mob. 9920849938, 9760999331

IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI

CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 2110 of 2021
FIR NO. 512/2021, U/S: 12 OF POCSO ACT 2012 AT MODEL TOWN POLICE STATION
[UNDER SECTION 438 OF CODE OF CRIMINAL PROCEDURE, 1973]

1
IN THE MATTER OF:

Mr. Aman Singh … Applicant

VERSUS

State (NCT of Delhi)

Through SHO,
Model Town Police Station … Respondent

NOTICE OF MOTION

To,

The Standing Counsel (Crl.)

Delhi High Court,
New Delhi

Sir,

The Petitioners are filing the accompanying anticipatory bail application under Section
438 read with Section 482 of the Code of Criminal Procedure for grant of interim bail before the
Hon’ble Court and a copy of the said application is being enclosed herewith. The said application
is likely to be listed before the Hon’ble Court within 2-3 days.

You are requested to do the required in the matter.

Filed for:

Aman Singh
Through

Sonakshi Garg
F/769/654/2018

Advocates for the Applicant

Chamber: 170 Lawyers’ Chambers,
Block III, Delhi High Court,
Date : 10.12.2021 New Delhi – 110057
Place : New Delhi Mob. 9920849938, 9760999331

2
 IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 2110 of 2021
FIR NO. 512/2021, U/S: 12 OF POCSO ACT 2012 AT MODEL TOWN POLICE STATION
[UNDER SECTION 438 OF CODE OF CRIMINAL PROCEDURE, 1973]

IN THE MATTER OF:

Mr. Aman Singh … Applicant

VERSUS

State (NCT of Delhi)

Through SHO,
Model Town Police Station … Respondent

PETITION FOR URGENCY

To,

The Registrar
Delhi High Court,
New Delhi

Sir,

The Petitioners The accompanying anticipatory bail application U/S 438 read with
Section 482 of the Code of Criminal Procedure for grant of bail may kindly be treated as an
urgent one as per the Rules and Regulations of this Hon’ble Court. The ground of urgency is
that the Applicant suffers from a chronic lung infection called pulmonary fibrosis and requires
frequent medical attention.

“Appropriate order for grant of anticipatory bail is prayed for.”

Filed for:

Aman Singh
Through

Sonakshi Garg
F/769/654/2018

Advocates for the Applicant

Chamber: 170 Lawyers’ Chambers,
Block III, Delhi High Court,
Date : 10.12.2021 New Delhi – 110057
Place : New Delhi Mob. 9920849938, 9760999331

IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI

3
 CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 2110 of 2021
FIR NO. 512/2021, U/S: 12 OF POCSO ACT 2012 AT MODEL TOWN POLICE STATION
[UNDER SECTION 438 OF CODE OF CRIMINAL PROCEDURE, 1973]

IN THE MATTER OF:

Mr. Aman Singh … Applicant

VERSUS

State (NCT of Delhi)

Through SHO,
Model Town Police Station … Respondent

LIST OF DATES

SI NO. DATE EVEN

T
1. 01.10.202 Mr. Aman Singh (“the Applicant”) purchased a new Honda Civic car.
1
2. 01.11.202 Mr. Rahul Sharma (“the Complainant”) purchased an identical car.
1
3. 20.11.202 Pursuant to an ongoing tussle over a common parking space,
1 Complainant punctured the Applicant’s car and also threatened the
Applicant.
4. 21.11.202 Applicant was in Bangalore to attend a conference
1 to
30.11.202
1
5. 30.11.202 Complainant filed an FIR under Section 12 of the POCSO Act 2012 at
1 the Model Town Police Station, Delhi, alleging sexual harassment of his
son Gokul Sharma on the night of 21.11.2021.
6. 03.12.202 Applicant filed an anticipatory bail application at the ld. Additional
1 Sessions Court, Rohini, Delhi.
7. 07.12.202 Ld. Additional Sessions Judge rejected the anticipatory bail application.
1
8. 10.12.202 The present application is filed before the Hon’ble High Court of Delhi
1 under Section 438 read with Section 482 of the Code of Criminal
Procedure for the grant of anticipatory bail to the Applicant.

4
 Aman Singh
Through

Sonakshi Garg
F/769/654/2018

Advocates for the Applicant

Chamber: 170 Lawyers’ Chambers,
Block III, Delhi High Court,
Date : 10.12.2021 New Delhi – 110057
Place : New Delhi Mob. 9920849938, 9760999331

5
 IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 2110 of 2021
FIR NO. 512/2021, U/S: 12 OF POCSO ACT 2012 AT MODEL TOWN POLICE STATION
[UNDER SECTION 438 OF CODE OF CRIMINAL PROCEDURE, 1973]

IN THE MATTER OF:

Mr. Aman Singh

Currently residing at:
34/2B, Model Town,
New Delhi- 110009 … Applicant

VERSUS

State (NCT of Delhi)

Through SHO,
Model Town Police Station … Respondent

FIRST APPLICATION UNDER SECTION 438 READ WITH SECTION 482 OF THE
CODE OF CRIMINAL PROCEDURE SEEKING A DIRECTION TO THE
INVESTIGATING OFFICER TO RELEASE THE PETITIONER ON BAIL IN THE
EVENT OF HIS ARREST IN FIR NO. 512/2021 REGISTERED UNDER SECTION 12 OF
THE POCSO ACT 2012 AT MODEL TOWN POLICE STATION

To
The Hon’ble Chief Justice and his Companion
Hon’ble Judges of the Hon’ble High Court of Delhi at New Delhi
The Humble Application of
the above-named Applicant

MOST RESPECTFULLY SUBMITTED:

1. That Mr. Aman Singh is a reputed professor of law at Chanakya University with a
permanent address of 34/2B Model Town, New Delhi, 110009 (hereinafter referred to as
“Applicant”).

2. That, the Applicant is a law abiding citizen and entitled to the protection guaranteed
under the Constitution.

3. That, the present application is being filed by the Applicant for the grant of an
anticipatory bail directing the Investigating Officer to release the Applicant in the event
of the FIR No. 512/2021 registered under Section 12 of the POCSO Act at Model Town
Police Station, New Delhi. A copy of the FIR is attached herewith as Annexure P/1.

4. That, the Applicant is the neighbor of one Mr. Rahul Sharma, who along with his son Mr.
Gokul Sharma are the “Complainants” in the case. It is imperative to note that their
houses are constructed in such a manner, that both the houses generate only one parking
space, which falls exactly in the middle of both the houses.

5. The brief facts and circumstances leading to the filing of the present Application are as
follows:

i. That, on 1st October 2021, the Applicant had bought a new Honda Civic for a
total sum of Rs. 28,00,000. Looking at the Applicant’s car, the Complainant
had also purchased an identical looking Civic on 1st November 2021.

6
 ii. That, since the Complainant’s purchase of the car, there has been a constant
tussle regarding the parking space for both the cars. While the Applicant
believed that the space could be shared on a rotation basis, the Complainant
stated that the space lies more towards his side of the property, and shall
belong exclusively to him. A photograph of the parking space is attached
herewith as Annexure P/2.

iii. That, throughout the first fortnight of November, the Complainant used to
arrive home early, and park his car in the parking space. This would result in
the Applicant having to park his car on the side of the main road.

iv. That, on 20th November 2021, the Applicant took a half day from office and
had parked his car on the spot in the afternoon itself. When the Complainant
came back at 8 PM in the night, he was bewildered seeing the Applicant’s car
at his spot, and began hurtling abuses towards the Applicant. When the
Applicant came out and offered to remove the car in the name of peace, the
Complainant took out a screwdriver, and in a fit of rage, punctured the back
tires of the Applicant’s car. A dated photograph of the punctured car is
attached herewith as Annexure P/3.

v. That, on the same night of 20 th November 2021 at 10 PM, a stranger’s car had
rammed the Complainants car that was parked on the side of the main road. In
a fit of rage blaming the Applicant for the said damage, the Complainant had
said to the Applicant “ab dekhna court ke kitne chakkar lagvata hunt ko; aise
aise jhoothe charges lagaunga, ki utarte utarte thak jayega”; and left.

vi. That, hoping all of this to be an endeavor of rage, the Applicant left at 7 AM
in the morning next day, i.e., 21st of November, for a business trip of
Bangalore, Karnataka. The Applicant stayed in Bangalore for around 9 days,
and returned on 30th November 2021. A copy of the travel ticket, hotel receipt,
as well as conference ID is attached herewith as Annexure P/4(Colly.).

vii. That, the Complainant registered an FIR (FIR No. 512/2021) against the
Applicant under Section 12 of the POCSO Act 2012 at the Model Town
Police Station on 30th November 2021, which was the same day the Applicant
returned from Bangalore. The Complainant had mentioned that the Applicant
had sexually harassed the Complainant’s son on the night of 20 th November
2021, by entering their house at the night while the Complainant was asleep.

viii. That, it can easily be proven that the Applicant had remained in his housing
premises the entire night of the 20 th of November, and had not stepped out of
the house till the next morning on which he had directly taken a flight to
Bangalore. A copy of the security tape from the shop across the street is
attached herewith as Annexure P/5.

ix. That the Applicant approached the ld. Additional Sessions Judge, Rohini
Courts for grant of anticipatory bail on 03.12.2021. A true copy of the
Anticipatory Bail Application No. 702 of 2021 filed before the ld. Additional
Sessions Judge is attached herewith as Annexure P/6.

x. However, the ld. Additional Sessions Judge vide his order dated 07.12.2021
rejected the anticipatory bail application of the Applicant merely on the ground
that offences under the POCSO Act are of grave nature and that allegations of
such a nature cannot be treated lightly. A certified copy of the order dated

7
 07.12.2021 passed by the ld. Additional Sessions Judge is annexed hereto
(Impugned Order).

6. That, the Applicant has not filed any other petition before the Hon’ble Supreme Court or
any other Court.

7. That, the Applicant is filling the present application for the grant of anticipatory bail on
the following amongst other grounds:

GROUNDS

1. BECAUSE the ld. Additional Sessions Court failed to appreciate that the Applicant did
not leave his house on the night the alleged sexual harassment took place, and had no
access to the Complainant’s son in order to harass him.

2. BECAUSE the ld. Additional Sessions Court failed to appreciate that the Applicant had
left for Bangalore on the very next morning and had not returned till the complaint had
been filed.

3. BECAUSE the Complainant was already annoyed with the Applicant over their feud of a
parking space, and had registered the FIR to get back at him.

4. BECAUSE the Complainant had clearly threatened the Applicant in front of the whole
society that he would register a false case against the Applicant owing to their feud, and
had sincerely abide by his words.

5. BECAUSE the ld. Additional Sessions Judge failed to recognize the absurdity in the
application of the Complainant as it is indeed apparent that the FIR was filed with an
ulterior motive to taking revenge from the Applicant regarding the dispute over the
parking space.

6. BECAUSE in the case of Gurbaksh Singh Sibia vs. The State of Punjab, [1980 SCR (3)
383], it was observed that with regard to anticipatory bail, if the proposed accusation
appears to stem not from motives of furthering the ends of justice but from some ulterior
motive, the object being to injure and humiliate the Applicant by having him arrested, a
direction for the release of the Applicant on bail in the event of his arrest would generally
be made.

7. BECAUSE the Applicant has clean antecedents in his life and he is not involved in any
case.

8. BECAUSE the Applicant belongs to a respectable family and has deep roots in the
society and there is no possibility of the Applicant to flee from justice or tempering with
the evidence.

9. BECAUSE the Petitioner undertakes to join the investigation as and when directed by
this Hon’ble Court or required by the Investigating Officer

10. BECAUSE the Applicant is ready and willing to abide the rules and regulations as
imposed by this Hon’ble Court for grant of anticipatory bail.

PRAYER

In light of the facts and circumstances set out above, it is most respectfully prayed that this
Hon’ble Court may kindly be pleased to:

8
a) direct the Investigating Officer to release the Applicant on bail in the event of his arrest in
FIR No. 512/2021 under Section 12 of the POCSO Act 2012 registered at the Model
Town Police Station; and
b) stay the arrest of the Applicant during the pendency of the present Application; and
c) grant any other relief in favour of the Applicant as this Hon’ble Court may deem fit and
proper in the facts and circumstances of this case.

AND FOR THIS ACT OF KINDNESS YOUR COMPLAINANT AS IN DUTY BOUND

SHALL EVER PRAY.

APPLICANT

Aman Singh
Through

Sonakshi Garg
F/769/654/2018

Advocates for the Applicant

Chamber: 170 Lawyers’ Chambers,
Block III, Delhi High Court,
Date : 10.12.2021 New Delhi – 110057
Place : New Delhi Mob. 9920849938, 9760999331
IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 2110 of 2021
FIR NO. 512/2021, U/S: 12 OF POCSO ACT 2012 AT MODEL TOWN POLICE STATION
[UNDER SECTION 438 OF CODE OF CRIMINAL PROCEDURE, 1973]

IN THE MATTER OF:

Mr. Aman Singh … Applicant

9
 VERSUS

State (NCT of Delhi)

Through SHO,
Model Town Police Station … Respondent

AFFIDAVIT

I, Aman Singh, S/o Mr. Ramesh Singh aged about 45 years, R/o 34/2B, Model Town, New
Delhi- 110009, the above named Applicant, do hereby solemnly affirm and swear as under:-
1. That I am the Applicant in the above noted matter. I am conversant with the facts and
circumstances of the present case and as such I am competent to swear the present
Affidavit.
2. That the accompanying application U/s. 438 for anticipatory bail has been drafted by the
counsel under my instructions and explained to me in a language of my understanding.
3. That I have gone through the contents of the Petition and the same are true and correct to
the best of my knowledge and the legal advice received by me. The last para is a prayer
to this Hon’ble Court.

DEPONENT

VERIFICATION

Verified at New Delhi on this 10th day of December, 2021 that the contents of the aforesaid
Affidavit are true and correct to the best of my knowledge and nothing material has been
concealed therefrom.

DEPONENT

Aman Singh
Through

Sonakshi Garg
F/769/654/2018

Advocates for the Applicant

Chamber: 170 Lawyers’ Chambers,
Block III, Delhi High Court,
Date : 10.12.2021 New Delhi – 110057
Place : New Delhi Mob. 9920849938, 9760999331

10
 IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 2110 of 2021
FIR NO. 512/2021, U/S: 12 OF POCSO ACT 2012 AT MODEL TOWN POLICE STATION
[UNDER SECTION 438 OF CODE OF CRIMINAL PROCEDURE, 1973]

IN THE MATTER OF:

Mr. Aman Singh … Applicant

VERSUS

State (NCT of Delhi)

Through SHO,
Model Town Police Station … Respondent

LIST OF DOCUMENTS

S. No List of Documents

1. Impugned Order: A certified copy of the order dated 07.12.2021 passed by the ld.
Additional Sessions Judge, Rohini Court, Delhi
2. Annexure P/1: A true translated copy of the FIR dated 30.11.2021 registered at
Model Town Police Station, Delhi
3. Annexure P/2: Photograph of the parking space shared between the Applicant and
the Complainant
4. Annexure P/3: Dated Photograph of the punctured car belonging to the Applicant

5. Annexure P/4 (Colly.): Copies of the travel ticket, hotel receipt and conference
invitation sent to the Applicant
6. Annexure P/5: CCTV Footage from the shop across the street on the date of the
alleged harassment
7. Annexure P/6: A true copy of the Anticipatory Bail Application No. 702 of 2021
filed by the Applicant before the ld. Additional Sessions Judge, Rohini Court, Delhi

Aman Singh
Through

Sonakshi Garg
F/769/654/2018

Advocates for the Applicant

Chamber: 170 Lawyers’ Chambers,
Block III, Delhi High Court,
Date : 10.12.2021 New Delhi – 110057
Place : New Delhi Mob. 9920849938, 9760999331

IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI

CRIMINAL APPELLATE JURISDICTION

11
 ANTICIPATORY BAIL APPLICATION NO. 2110 of 2021
FIR NO. 512/2021, U/S: 12 OF POCSO ACT 2012 AT MODEL TOWN POLICE STATION
[UNDER SECTION 438 OF CODE OF CRIMINAL PROCEDURE, 1973]

IN THE MATTER OF:

Mr. Aman Singh … Applicant

VERSUS

State (NCT of Delhi)

Through SHO,
Model Town Police Station … Respondent

VAKALATNAMA

I, Aman Singh, S/o Mr. Ramesh Singh aged about 45 years, R/o 34/2B, Model Town, New
Delhi- 110009, the above-named Applicant, do hereby appoint: Sonakshi Garg (hereinafter, “the
Advocate”) to be my Advocate in the above noted case and authorize her: -

1. To act, appear and plead in the above-noted case in this Court or in any other Court in
which the same may be tried or heard and also in the appellate Court including High
Court subject to payment of fees separately for each Court by me.
2. To sign, file, verify and present pleadings, appeals, cross-objections or petitions for
executions, review, revision, withdrawal, compromise or other petitions or affidavits or
other documents as may be deemed necessary or proper for the prosecution of the said
case in all its stages subject to payment of fees for each stage.
3. To file and take back documents, to admit and/or deny the documents of the opposite
party.
4. To withdraw or compromise the said case or submit to arbitration any differences or
disputes that may arise touching or in any manner relating to the said case.
5. To deposit, draw and receive monthly cheques, cash and grant receipts thereof and to do
all other acts and things which may be necessary to be done for the progress and in the
course of the prosecution of the said case.
6. To appoint and instruct any other Legal Practitioner authorizing her to exercise the power
and authority hereby conferred upon the Advocate whenever they may think fit to do so
and to sign the power of attorney on my behalf.
7. And I the undersigned do hereby agree to ratify and confirm all acts done by the
Advocate or her substitute in the matter as my own acts, as if done by me to all intents
and purposes.
8. And I undertake that I or my duly authorized agent would appear in Court on all hearings
and will inform the Advocate for appearance when the case is called.
9. And I the undersigned do hereby agree not to hold the Advocate or her substitute
responsible for the result of the said case.
10. The adjournment costs whenever ordered by the Court shall be of the Advocate which
she shall receive and retain for herself.
11. And I the undersigned do hereby agree that in the event of the whole or part of the fee
agreed by me to be paid to the advocate remains unpaid she shall be entitled to withdraw
from the prosecution of the said case until the same is paid up. The fee settled is only for
the above case and above Court. I hereby agree that once the fee is paid, I will not be
entitled to a refund of the same in any case whatsoever and if the case prolongs for more
than 3 years the original fee shall be paid again by me.

12
IN WITNESS WHEREOF I do hereunto set my hand to these presents the contents of which
have been understood by me on this 10th day of December 2021. Accepted subject to the terms
of the fees.

Sonakshi Garg Aman Singh

Enrolment No.: F/769/654/2018
Chamber: 170, Lawyers’ Chambers,
Block III, Delhi High Court
New Delhi– 110057
Mob: 9920849938, 9760999331
E-Mail: sonakshigarg@gmail.com

13