As per section 437 of CrPC When any person accused of, or suspected of, the commission of any non- bailable offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a Court other than the High Court or Court of Session, he may be released on bail.
Sample Format of Affidavit for Bail Application under Section 437 of CrPC is as under.
IN THE COURT OF SESSIONS JUDGE, ____COURT
CRIMINAL MISCELLANEOUS (BAIL) APPLICATION NO ____ OF 20__
IN THE MATTER OF:
MR. ____________ APPLICANT
STATE OF _____________ RESPONDENT
I_______________ , aged _____ years, D/o _____________________, Resident of __________________ ________________, do hereby solemnly affirm and declare as under:-
1. That I am the deponent referred to above and the accused in Sessions Case No ____, which is allegedly for an offence punishable under section 307 read with section 120B of the Indian Penal Code.
2. That I am fully familiar with the facts and the circumstances of the case and I am competent to depose to the facts mentioned hereunder.
3. That I am not guilty of the offence with which I am charged and I am innocent. I have been falsely implicated in the Sessions Case for having allegedly committed the offence referred to above due to past enmity with the de facto complainant who had given the First Information Statement to the Police. The aforesaid case arose out of the First Information Statement referred to above. The F.I.R. dated ________, lodged by_________ the Police station, was that I was a Driving a Car and near the residence of the original complainant, at ____ pm on the ______ 20___ , and tried to attacked him with a sharp object. A true copy of the F.I.R. has been filed before this Hon'ble Court.
4. In fact I have never driven a car and I do not have a driving license. The aforesaid facts stated in the F.I.R. are totally false, concocted and born out of the figment of the wild imagination of the informant and the Police who have registered the crime.
5. That despite the fact that the deponent was arrested a few days ago, no weapon or other material object was discovered or recovered from his person or was shown by him. The memo of arrest, which is produced herewith, will clearly bear this fact out.
6. That there is no independent evidence from any reliable source whatsoever as to the occurrence and the entire prosecution case is a fictitious one.
7. That no occurrence of a criminal nature, much less like the one alleged against the deponent, has ever taken place.
8. That the deponent is unnecessarily detained and his freedom of movement and action is curtailed, totally violating his fundamental rights.
9. That the applicant is the only earning member of his family and earns out
his livelihood as a Tailor. He has a large family consisting of his wife, four
children, one younger sibling and aged parents. In the event of the deponent's
continuing status as a detainee, his family will be forced to starve.
10. That the deponent applicant is willing to provide two solvent sureties in the event of being granted bail by this Hon'ble Court. He also undertakes to abide by all the conditions this Hon'ble Court deems fit to impose for the purpose of releasing him on bail. Further, the deponent will willingly co-operate with the investigation and not try to influence any witnesses or hamper any evidence.
11. That the deponent has not filed any bail application earlier, nor is any bail application of his is pending before this or any other Court.
12. That the deponent has never been convicted of any offence before, nor has he been implicated in any crime whatsoever.
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__.
437. When bail may be taken in case of non- bailable offence.
(1) When any person accused of, or suspected of, the commission of any non- bailable offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a Court other than the High Court or Court of Session, he may be released on bail, but-
(i) such person shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life;
(ii) such person shall not be so released if such offence is a cognizable offence and he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more occasions of a non- bailable and cognizable offence:
Provided that the Court may direct that a person referred to in clause (i) or clause (ii) be released on bail it such person is under the age of sixteen years or is a woman or is sick or infirm:
Provided further that the Court may also direct that a person referred to in clause (ii) be released on bail if it is satisfied that It is just and proper so to do for any other special reason: Provided also that the mere fact that an accused person may be required for being identified by witnesses during investigation shall not be sufficient ground for refusing to grant bail if he is otherwise entitled to be released on bail and gives an undertaking that he shall comply with such directions as may be given by the Court.
(2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as the case may be, that there are not reasonable grounds for believing that the accused has committed a non- bailable offence, but that there are sufficient grounds for further inquiry into his guilt the accused shall, subject to the provisions of section 446A and pending such inquiry, be released on bail or at the discretion of such officer or Court, on the execution by him of a bond without sureties for his appearance as hereinafter provided.
(3) When a person accused or suspected of the commission of an offence punishable with imprisonment which may extend to seven years or more or of an offence under Chapter VI, Chapter XVI or Chapter XVII of the Indian Penal Code or abetment of, or conspiracy or attempt to commit, any such offence, is released on bail under sub- section (1), the Court may impose any condition which the Court considers necessary-
(a) in order to ensure that such person shall attend in accordance with the conditions of the bond executed under this Chapter, or
(b) in order to ensure that such person shall not commit an offence similar to the offence of which he is accused or of the commission of which he is suspected, or
(c) otherwise in the interests of justice.
(4) An officer or a Court releasing any person on bail under sub- section (1) or sub- section (2), shall record in writing his or its 1 reasons or special seasons] for so doing.
(5) Any Court which has released a person on bail under sub- section (1) or sub- section (2), may, if it considers it necessary so to do, direct that such person be arrested and commit him to custody.
(6) If, in any case triable by a Magistrate, the trial of a person accused of any non- bailable offence is not concluded within a period of sixty days from the first date fixed for taking evidence in the case, such person shall, if he is in custody during the whole of the said period, be released on bail to the satisfaction of the Magistrate, unless for reasons to be recorded in writing, the Magistrate otherwise directs.
(7) If, at any time after the conclusion of the trial of a person accused of
a non- bailable offence and before judgment is delivered, the Court is of
opinion that there are reasonable grounds for believing that the accused is not
guilty of any such offence, it shall release the accused, if he is in custody,
on the execution by him of a bond without sureties for his appearance to hear