Application under Section 109 & 123 of CrPC [CD1]
IN THE COURT OF THE LD. SDM (U)
EXERCISING THE POWERS OF EXECUTIVE MAGISTRATE AT ………………
Application No.:______ of …………
1.
2
Applicant/Suspect
Versus
Respondents
Application under Section 109 & 123 of CrPC for releasing on bail the
applicant/suspect on furnishing sureties/securities to the satisfaction of this
Ld. court.
Respectfully
Sheweth:-
1. That the applicants/suspects have been kept in police custody since ___________________
by the SHO of Police Station: ____________________ on the suspicion of likely
to commit a cognizable offence under Sections of IPC.
2. That the applicants submit that they are innocent and have neither any
intention of committing any such offence nor have ever committed any such
offence. The applicants have been falsely implicated in the said case by some
person with vested interest to harass the applicant.
3. That by keeping the applicants/suspects under custody and arrested the
applicants have been deprived of their valuable fundamental right of liberty by
abuse of legal provisions and process of law by the complainant.
4. That the applicants are willing to furnish surety and bail bonds to the
satisfaction of this Ld. Court in case they are ordered to be released on bail.
The applicants are also willing to join the investigations and bind himself by
the terms and conditions laid down by the law or by this Ld. court. It is
further submitted that the applicant is not at all required for the
investigations and the investigations are over. However, if the applicant is
required for investigation, the applicant/suspect undertakes to be present as
and when required in accordance with the law.
5. That neither any recovery is to be effected from the applicant nor the
applicant is in a position to temper with the prosecution evidence. The
applicant will associate with the investigation when ever required to do
so.
It is, therefore, most respectfully prayed that:-
(a) that the applicants may be ordered to be released on bail and this
application for bail may kindly be allowed;
(b) that till the decision of this application interim bail may be granted to
the applicants;
(c) Such other orders be also passed in favour of the applicant as deemed fit
and proper in the facts and circumstances of the case and in the interest of
justice.
.…………… Applicant
______ Through, Advocates
Note:-
This application is filed through the next friend of the applicants/suspect as
the applicants are in police custody. It is, therefore, prayed that the
application of the applicant/suspect may kindly be allowed and the
applicant/suspect may kindly be released on interim bail in the interest of
Justice.
…………………………. Applicant
_____ Through counsels
IN THE COURT OF LD SDM (U) EXERCISING POWERS OF
EXECUTIVE MAGISTRATE AT ………………………….
…………………………..
Applicant
Versus
…………….. ………...
Respondent
Affidavit in support of the
application
I, __________________________, do hereby solemnly affirms and declare as
under:-
1. That the accompanying application has been drafted at my instance and under
my instructions.
2. That the contents of paras 1 to _________________________ are true and
correct to the best of my
knowledge.
3. That I further solemnly affirm and declare that this affidavit of mine is
correct and true, no part of it is
false and nothing
material has been concealed therein.
Affirmed here at …………….. on ______.
FORM NO. 13
Bond for Good Behaviour
(See sections 108, 109 and 110)
WHERES I, _________________________ .(name, inhabitant of (place) ____________________________________
have been called upon to enter, into a bond to be of good behaviour to
Government and all the citizens of India for the term of _______.(state the
period) or until the completion of the inquiry in the matter of __ pending in
the court of _______ . I hereby bind myself to be of good behaviour to
Government and all the citizens of India during the said term or until the
completion of' the said inquiry; and, in case of my making default therein, I
hereby, myself to forfeit to Government the sum of rupees _____________________.
Dated, this ___________ day of ______
(Seal of the court)
(Signature)
(Where a bond with sureties to be executed, add __.)
We do hereby declare ourselves sureties for the above-named ____________________________.
that he will be of good behaviour to Government and all the citizens of India
during the said term or until tile completion of the said enquiry; and, in case
of his making default therein, we bind ourselves, jointly and severally, to
forfeit to Government the sum of rupees .
Dated, this ______ _________________
(Seal of the court) (Signature)
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