As per section 438 of CrPC When any person has reason to believe that he may be arrested on an accusation of having committed a non- bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.
Sample Format of Affidavit for Anticipatory Bail Application under Section 438 of CrPC is as under.
BEFORE THE COURT OF ADDITIONAL SESSIONS JUDGE, ____COURT
CRIMINAL COMPLAINT NO ____ OF 20__
IN THE MATTER OF:
MR. ____________ APPLICANT/ ACCUSED
MR._____________ OPPOSITE PARTY
I_______________ , aged _____ years, D/o _____________________, Resident of __________________ ________________, do hereby solemnly affirm and declare as under:-
1. That the deponent is the applicant herein and the accused in the Criminal Complaint referred to above. The deponent is well conversant with the facts and circumstances of the present case and competent to swear to this affidavit.
2. That the deponent is a young women of 24 years. She is the Team Leader in a leading Software Development Company in India.
3. That the deponent is a very respectable person of his locality and is a peace loving citizen.
4. That on ___________ , while going to the office of deponent a man jumped in front of her car without caring moving traffic. Due to his sudden appearance the deponent did not notice him and my vehicle met with an accident as the result of the Opposite party got minor injuries.
5. That the Opposite Party filed a Criminal Complaint against the Applicant with exaggerated tales and got included serious criminal charges in the FIR against the Deponent in connivance with Police to extract money from the Deponent.
6. That the entire fault of the accident is of the Opposite Party.
7. That the said complaint registered against the deponent is absolutely false and incorrect. The deponent is not at all involved in the offence alleged in the complaint.
8. That as a matter of fact, the deponent is a victim at the hands of the
complainant, who has carelessly traveled in the road and the accident caused
huge financial loss to the Deponent.
9. That in view of the abovementioned circumstances, the deponent apprehends that he may be arrested in pursuance of the aforesaid fictitious complaint.
10. That the arrest of the deponent by the Police will cause irreparable loss and injury to the impeccable reputation of the deponent and will also adversely affect his service.
11. That the deponent is a permanent resident of _______________, and there is no chance of his absconding in case he is granted bail. That the deponent is not a previous convict and has never been involved in any criminal case before.
12. That the deponent undertakes to abide by any of the conditions that this Hon'ble Court may deem fit for admitting the deponent to bail. That the deponent is ready to produce surety to the satisfaction of this Hon'ble Court.
I, ____________ the Deponent above named do hereby verify that the contents of the above Affidavit are true and correct to my personal knowledge and nothing material has been concealed or falsely stated.
Verified at New Delhi on this day ___of _________20__.
Order IX Rule 9 "Decree against plaintiff by default bars fresh suit"
438. Direction for grant of bail to person apprehending arrest.
(1) When any person has reason to believe that he may be arrested on an accusation of having committed a non- bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.
(2) When the High Court or the Court of Session makes a direction under sub- section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including-
(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;
(ii) a condition that the person shall 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;
(iii) a condition that the person shall not leave India without the previous permission of the Court;
(iv) such other condition as may be imposed under sub- section (3) of section 437, as if the bail were granted under that section.
(3) If such person is thereafter arrested without warrant by an officer in
charge of a police station on such accusation, and is prepared either at the
time of arrest or at any time while in the custody of such officer to give bail,
be shall be released on bail; and if a Magistrate taking cognizance of such
offence decides that a warrant should issue in the first instance against that
person, he shall issue a bailable warrant in conformity with the direction of
the Court under sub- section (1).
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