SAMPLE DRAFT U/S 438 OF Cr. P.C BY KODALI NEEHARIKA

In the Court of Sessions Judge, Dehradun

 

 

Mr Y .

..Petitioner

..VERSUS..

Mrs. A

..Respondent

 

FIR No: __________ Dated : 06.01.2014

Offence U/Sec 200,156 (3) Crpc,

P.S Dehradun

 

 

Subject:- FIRST BAIL PETITION UNDER SECTION 438 Cr.P.C. – Directing the arresting officer, investigating officer, SHO of concerned police station to release the petitioner on bail in the above noted case in the event of his arrest.

 

 

Sir,

 

 

The petitioner respectfully submits as under:

 

 

1. That the petitioner has been arrested in the above noted case and he was produced before the learned Magistrate, remanded to police custody for one day and thereafter was sent to judicial lockup.

 

2. That the bail application was filed before J.M.I.C., Dehradun which was dismissed by the learned Trial court on 02-01-14.

 

3. That the petitioner is not required for any custodial investigation, as nothing is to be recovered from the petitioner.

 

4. That the petitioner is innocent and he has not committed any offence, he has been falsely implicated in the above noted case.

 

5. That the alleged attribution on the petitioner is that he has witnessed the agreement in question. The allegations of harassment and intimidation is false.

 

6. That the prosecution is not likely to produce the challan in the near future.

 

7. That the trial of the case will take long time and no useful purpose shall be solved while detaining the petitioner behind the bars.

 

8. That the petitioner shall not directly, indirectly, induce, threat or promise to any person acquainted with the facts of the case from disclosing such facts to the court or to the police officials.

 

9. That the petitioner belongs to respectable family and shall abide by the terms and conditions as imposed by the Hon’ble court.

 

10. That the petitioner undertakes to attend the court on each and every date of hearing.

 

11. That no case is made out against the petitioner. The complainant has lodged a false complaint.

 

 

It is therefore prayed that the bail petition may kindly be accepted, the petitioner may kindly be released on bail till final decision of the case, in the interest of justice.

Petitioner

 

Through

Counsel

Place: Dehradun

Dated: 17th JULY .

 

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