Bail application format to file Before High Court[CD1]
under Section 439 CRPC
download. How to prepare bail application under CRPC 439 before the High Court.
What are the documents to be attached
Section 439 of Code of
Criminal Procedure , 1973 contemplates that the Sessions Court or the High
Court can grant bail to a person who has been arrested
BAIL
FORMAT INDIA TO BE FILED BEFORE THE HIGH COURT IN THE EVENT OF THE APPLICATION
FOR BAIL BEING DISMISSED BY THE SESSIONS COURT
BEFORE THE HIGH COURT AT (give
the name of the High Court where the bail application format India is being
filed)
IN THE MATTER OF
STATE
VS
(Mention the name of the
accused)
FIR Number: (Mention the FIR
number)
Under Section: (Mention the
sections under which the FIR has been filed)
Police Station: (Mention the
name of the Police Station)
Accused in custody since:
(Give the date since when the accused is in custody)
APPLICATION
U/S 439 CRPC FOR GRANT OF ANTICIPATORY BAIL ON BEHALF OF THE ACCUSED (name
of the applicant of the bail)
MOST
RESPECTFULLY SUBMITTED AS UNDER:
1. 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.
2. That the police has falsely
implicated the applicant in the present case, and has arrested him. The
applicant is a respectable citizen of the society and is not involved any
criminal case.
3. That the facts stated in
the complainant against the applicant are civil disputes and does not
constitute any criminal offence at all.
4. That the applicant is not
required in any kind of investigation nor any kind of custodial interrogation
is required.
5. That the applicant is
having very good antecedents, he belongs to good family and there is no
criminal case pending against them.
6. That the applicant is a
permanent resident and there are no chances of his absconding from the course
of justice.
7. That the applicant
undertakes to present himself before the police/court as and when directed.
8. 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 any police officer.
9. That the applicant further
undertakes not to tamper with the evidence or the witnesses in any manner.
10. That the applicant shall
not leave India without the previous permission of the Court.
11. That the applicant is
ready and willing to accept any other conditions as may be imposed by the Court
or the police in connection with the case.
12. That the Court below has
failed to consider all the facts and circumstances of the case and has wrongly
dismissed the bail application.
It is therefore prayed that the court may direct the release 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.
APPLICANT
THROUGH
COUNSEL
IMPORTANT
POINTS FOR FILING OF BAIL FORMAT INDIA UNDER SECTION 439 OF THE CODE OF
CRIMINAL PROCEDURE:
The bail format India under
Section 439 of the Code of Criminal Procedure can be signed by any close
relative or Parokar of the accused.
An affidavit in support of the
bail format India is also to be filed alongwith the main application.
A readable copy of the FIR is
also to be filed alongwith the bail format India.
All relevant documents are
also to be filed alongwith the bail format India on the basis of which the
applicant is seeking bail from the court.
The bail format India is also
to be signed by the Counsel who is filing the bail format India either through
his memo of appearance or power of attorney.
The details of the FIR, name
of the accused, fathers name of the accused should be properly mentioned in the
bail format India so that the said contents are properly mentioned in the
release order and the Jail authorities are able to identify the accused
properly.
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