Plea Bargaining Application under Section 290 BNSS / Section 265B CrPC in a State Case

IN THE COURT OF ______________________________ AT __________________

Case No.: __________________ of 20____

State

VERSUS

Accused/Applicant: ______________________________

FIR No.: ______________________________

Offence(s): Under Section(s) ______________________________

Police Station: ______________________________

District: ______________________________

Next Date of Hearing: ______________________________

APPLICATION UNDER SECTION 290 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 FOR PLEA BARGAINING

MOST RESPECTFULLY SHOWETH:

1. That the applicant is the accused in the above-captioned case and is facing trial before this Hon'ble Court.

2. That the police report under Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed against the applicant and the case is pending before this Hon'ble Court.

3. That according to the police report/charge-sheet, the applicant is alleged to have committed offence(s) punishable under Section(s) ______________________________.

4. That charge was framed against the applicant on __________________ and the present application is being filed within the period prescribed under Section 290(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. That the offence(s) in question fall within the scope of Chapter XXIII of the Bharatiya Nagarik Suraksha Sanhita, 2023 and are not excluded by Section 289 or Section 300 thereof.

6. That the applicant has preferred the present application voluntarily and of his/her own free will after understanding the nature of the allegations and the nature and extent of punishment provided by law for the offence(s) in question.

7. That the applicant has not previously been convicted by any Court in a case in which he/she had been charged with the same offence(s).

8. That the applicant is willing to participate bona fide in the statutory process for working out a mutually satisfactory disposition in accordance with Sections 290 to 293 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

PRAYER

It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to:

(a) take the present application for plea bargaining on record under Section 290 of the Bharatiya Nagarik Suraksha Sanhita, 2023;

(b) satisfy itself in accordance with law that the application has been filed voluntarily;

(c) permit the parties to proceed for a mutually satisfactory disposition in accordance with Chapter XXIII of the Bharatiya Nagarik Suraksha Sanhita, 2023; and

(d) pass such other or further order as this Hon'ble Court may deem fit and proper in the interests of justice.

PLACE: __________________

DATE: __________________

APPLICANT/ACCUSED
Through Counsel
______________________________

IN THE COURT OF ______________________________ AT __________________

Case No.: __________________ of 20____

State

VERSUS

Accused/Applicant: ______________________________

AFFIDAVIT IN SUPPORT OF APPLICATION UNDER SECTION 290 BNSS FOR PLEA BARGAINING

I, ______________________________, aged about ______ years, son/daughter/wife of ______________________________, resident of ______________________________, do hereby solemnly affirm and state as follows:

1. That I am the accused/applicant in the accompanying application and am competent to swear this affidavit.

2. That I have filed the accompanying application for plea bargaining under Section 290 of the Bharatiya Nagarik Suraksha Sanhita, 2023 voluntarily, of my own free will and without coercion, undue influence, threat or pressure.

3. That I understand the nature of the allegations against me and the nature and extent of punishment provided by law for the offence(s) concerned.

4. That I have not previously been convicted by any Court in a case in which I had been charged with the same offence(s).

5. That the contents of the accompanying application have been read over and explained to me and are understood by me.

DEPONENT

VERIFICATION

Verified at __________________ on this ______ day of __________________, 20____ that the contents of paragraphs 1 to 5 above are true and correct to my knowledge and belief and that nothing material has been concealed therefrom.

DEPONENT