Rules for drafting a bail application under crpc?

Go thru provisions and u will get ur answer

In Re:

Petitioner

Respondents

FIR No. : ______ Dated ______ Police Station: ______

Offence Under Section: ______

Application under Section 436 of Cr PC for the grant of Bail

Respectfully Sheweth:

1. That the applicant has been involved in a false and frivolous case by one Sh. ________ by lodging a complaint with the SHOPS _______ on ________ for offence under sections ________ of the IPC. The applicant/accused has been arrested by the Police of Police Station: ________ subsequent to the above complaint.

2. That it is submitted that the allegations made against the applicant/accused are false, frivolous and vexatious and lack in the material substance. The applicant belongs to a very reputed family in his locality. The allegations are that ________

3. That the applicant/accused is a permanent resident of ________ and earning livelihood by ________. The applicant has his old parents dependent upon him and the applicant is the only bread earner for the family.

4. That the applicant/accused is innocent and has been involved falsely due to the personal grudge to settle the score against the applicant/accused________ OR due to enmity and family feud. It is submitted that the complainant is an influential and high-handed person. ________

5. That by getting the applicant/accused arrested the applicant has been deprived of his valuable fundamental right of liberty by abuse of powers and process of law by the complainant. ________

6. That the applicant is willing to furnish surety and bail bonds to the satisfaction of this learned court in case he is ordered to be released on bail. The applicant is also willing to join the investigations and bind himself by the terms and conditions laid down by the law or by this Hon'ble court. It is further submitted that the applicant is not at all required for the investigations. However, if the applicant is required for investigation, the applicant/accused undertakes to be present as and when required in accordance with the law.

7. That neither any recovery is to be effected from the applicant nor the applicant is in a position to temper with the prosecution evidence. The applicant will associate with the investigation whenever required to do so.

It is, therefore, most respectfully prayed that:-

(a) That the applicant may be ordered to be released on bail and this application for bail may kindly be allowed;
(b) That till the decision of this application interim bail may be granted to the applicant; _____
(c) That the directions may be issued to the police to get the applicant/accused medically examined at the immediately; _____
(d) Such other orders be also passed in favour of the applicant as deemed fit and proper in the facts and circumstances of the case and in the interest of justice.

Coimbatore Applicant

______ Through, Advocate

Note:-

1. This application is filed through the _____ father and next friend of the applicant/accused, Sh. ______ . It is, therefore, prayed that the application of the applicant/accused may kindly be allowed and the applicant/accused may kindly be released on interim bail in the interest of Justice.

2. That the applicant/accused is under police custody. Therefore, the requirement of affidavit and signature may kindly be dispensed with.

Coimbatore Applicant

_______ Through, Advocate

Applicant

Respondent

Affidavit in support of the application under Section 436 of CrPC

I, _______, do hereby solemnly affirms and declare as under:-

1. That the accompanying application under section 436 CrPC has been drafted at my instance and under my instructions.

2. That the contents of paras 1 to ______ are true and correct to the best of my knowledge.

3. That I further solemnly affirm and declare that this affidavit of mine is correct and true, no part of it is false and nothing material has been concealed therein.

Affirmed here at Coimbatore on ______.

Deponent

436 describes in which cases bail can be taken, the bail is granted u/s 437, 438 and 439.

Yes. 436 applies in bailable offences. the accused can furnish bail in the PS also. what is the need of such a long bail prayer?

Thanks Mr. Nadeem Quereshi. Why we used word Re: ???

is there anything contained in CrPC for filing a bail application u/s 389 also? If yes, what is the d/f b/w drafting a bail application u/s 436 and u/s 389?

Thanks everyone for your valuable comments!

Regards.

Chandeep Singh

LLB-VI Semester,

Dept. of Laws, Panjab University, Chandigarh.

chandeep.son@gmail.com

well i agree to mr. shonee kapoor u/s 436 bail application cannot be filed , u/s 437 and 439 of cr.p.c. regular bail i sfiled and u/s 438 ant. bail is filed