What is the format of Bail Application? How to prepare bail application? What are the documents to be attached with bail application? Sample format of Bail application is given below. Please make necessary modification on the basis of facts of the case. This is only a draft format.
BEFORE THE COURT OF METROPOLITAN MAGISTRATE, AT (give the name of the police station or the Illaka Magistrate where the bail application is being filed)
IN THE MATTER OF
(Mention the name of the applicant)
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 under custody since: (Give the date on which accused has been arrested)
APPLICATION UNDER SECTION 437 CRPC FOR GRANT OF BAIL ON BEHALF OF THE ACCUSED (name of the applicant of the bail along with his fathers name, address and other details)
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 and arrested him in the present case, 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, nor any recovery is to be made at the instance of the applicant.
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.
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.
IMPORTANT POINTS FOR FILING OF BAIL FORMAT INDIA UNDER SECTION 437 OF THE CODE OF CRIMINAL PROCEDURE:
The bail format India under Section 437 of the Code of Criminal Procedure is filed before the court of the concerned Magistrate first who is also called the Ilaka Magistrate.
The bail format India under Section 437 of the Code of Criminal Procedure is filed after the arrest of the accused by the police.
The bail format India under Section 437 of Code of Criminal Procedure can be filed by any close relative or Parokar on behalf of the accused if the bail application is being moved when the accused is not before 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.
No court fee is to be paid on the bail format India when the accused is in custody.
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 Jail authorities are able to identify him properly after the release order from the Court.
Section 138 of Negotiable Instruments Act
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