Sample draft u/s 437 of Cr.P.C
By Grishma Shetty at Lexcliq
BEFORE THE COURT OF METROPOLITAN MAGISTRATE,
IN THE MATTER OF________________
(NAME OF THE APPLICANT)
FIR Number: _______
Under section :____( FIR has been filed)
Police station: _____
Accused under custody since: ____________ (accused has been arrested)
APPLICATION UNDER SECTION 437 CRPC FOR GRANT OF BAIL ON BEHALF OF THE ACCUSED
MOST RESPECTFULLY SUBMITTED AS UNDER:
- That the present FIR has been registered on false and bogus facts. The facts stated in the FIR are fabricated, concocted and without any basis.
- That the police has falsely implicated the applicant and arrested him in the present case, the applicant is a respectable citizen of the society and is not involved any criminal case.
- That the facts stated in the complainant against the applicant are civil disputes and does not constitute any criminal offence at all
- That the applicant is not required in any kind of investigation nor any kind of custodial interrogation is required, nor any recovery is to be made at the instance of the applicant.
- That the applicant is having very good antecedents, he belongs to good family and there is no criminal case pending against them.
- That the applicant is a permanent resident and there are no chances of his absconding from the course of justice.
- That the applicant undertakes to present himself before the police/court as and when directed.
- That the applicant undertakes that he will not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to the police officer.
- That the applicant further undertakes not to tamper with the evidence or the witnesses in any manner.
- That the applicant shall not leave India without the previous permission of the Court.
- That the applicant is ready willing to accept any other conditions as maybe imposed by the court or the police in connection with the case.
It is therefore prayed that the court may order for the release of the applicant on bail in the interest of justice.
Any other order which the court may deem fit and proper in the facts and circumstances of the case may be also passed in favor of the applicant.
Affidavit in support of application u/s 347 of Cr.P.C
I, ______, do hereby solemnly affirms and declare as under:-
- That I am the deponent referred to above and the accused in Case No ____, which is allegedly for an offence punishable under section______ of the Indian Penal Code.
- That I am fully familiar with the facts and the circumstances of the case and I am competent to depose to the facts mentioned hereunder.
- That I am not guilty of the offence with which I am charged and I am innocent. I have been falsely implicated in the Sessions Case for having allegedly committed the offence referred to above due to past enmity with the de facto complainant who had given the First Information Statement to the Police. The aforesaid case arose out of the First Information Statement referred to above.
- The aforesaid facts stated in the FIR are totally false, concocted and born out of the figment of the imagination of the informant and the police who have registered the crime.
- That the deponent is unnecessarily detained and his freedom of movement and action is curtailed, totally violating his fundamental rights.
- That the deponent applicant is willing to provide two solvent sureties in the event of being granted bail by this Hon’ble Court. He also undertakes to abide by all the conditions this Hon’ble Court deems fit to impose for the purpose of releasing him on bail. Further, the deponent will willingly co-operate with the investigation and not try to influence any witnesses or hamper any evidence.
- That the deponent has not filed any bail application earlier, nor is any bail application of his is pending before this or any other Court.
- That the deponent has never been convicted of any offence before, nor has he been implicated in any crime whatsoever.
Verified that the above contents of this affidavit are true and correct to the best of my knowledge and belief and nothing has been concealed therein.
Verified at ____ on ____