Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Dony D   25 September 2019

query

How to file a bail application in court and bring my matter on board and take date for hearing in trial court............plz explain the detailed procedure............. And how do I give my vakalatnama in that perticular matter....... I only have the crime number..... Will I directly have to give my vakalatnama and bail application to the perticular Clark??


Learning

 5 Replies

Real Soul.... (LEGAL)     25 September 2019

 

APPLICATION FOR BAIL

IN THE COURT OF   DISTRICT AND SESSION JUDGE, .........................

IN THE MATTER OF:

Name___________, Son of _________________ Years of Age, Working as _____ Residing at __________

........... Applicant

Versus

State of...............Through P/S ..............

FIR No.: ___________

 

APPLICATION UNDER SECTION 439 OF THE CODE OF CRIMINAL PROCEDURE 1973 FOR GRANT OF BAIL

Most Respectfully Show:

  1. That the present application under section 439 of the Code of Criminal Procedure 1973 is being filed by the Applicant through his son  for seeking grant of bail in FIR No. _________ registered at Police Station_______________. 
  2. The present petition is being moved by the son  as the Applicant has been arrested on _________ (give date) in connection with the said FIR. The Applicant is now in judicial/police custody.
  3. That the Applicant is innocent and is being falsely implicated in the above said case as he has nothing to do with the matter.
  4. That the Applicant is a law abiding citizen of India. The Applicant is gainfully carrying on the business of ________ at ________. (Give details).
  5. That the Applicant is a responsible person and is living at the above mentioned address.
  6. (Give all other relevant facts, which have led to the arrest or which show the Applicant's innocence or disassociation with the alleged offence supposed to have been committed)
  7. That the Applicant is innocent and no useful purpose would be served by keeping him under custody and this is a fit case for grant of bail. (It would be pertinent to mention as to the stage of investigation or in case the charge sheet has been filed, whether charges have been imposed, evidence has started, the length of the list of witnesses cited by the prosecution etc. as these would all be mitigating circumstances)
  8. That the Applicant undertakes to abide by the conditions that this Honorable Court may impose at the time of granting bail to the Applicant and further undertakes to attend the trial on every date of hearing.
  9. That the Applicant has not filed any other similar petition before this or any other Honorable Court for grant of bail in case of the present FIR. (Or give details and results of earlier applications)

In view of the above stated facts and circumstances it is most respectfully prayed that this Honorable Court may be pleased to

  1. Grant bail to the Applicant in connection with FIR No. ________ registered under section ________, for the offence of ________ )at Police Station _________ (give place).
  2. Pass any other such order as this Honorable Court may deem fit and proper in the interest of justice.

Aplican

Through

ABC.........Counsel

Place:

Dated:

 

1 Like

Dony D   25 September 2019

I need the details of the procedure...... As to where exactly will I have to submit the application and vakil patra???? Detailed explanation

Sandeep Naik (Advocate)     26 September 2019

Dony D ... get the help of any Sr. Advocate from ur court. R u new  ? No problem but enter into the water and strat swimming . Its a professional field. Adv. sohail has already guided u. Go ahead . Best luck 

Vinit Nair (Advocate Vinit Nai   27 September 2019

you will have to prepare a draft of bail application along with list of documents if any and V.P and you will have to file,submit it in the concerned registry Criminal Department in the court. Later you will get a Criminal Miscellaneous Number and you can check online through ecourts that which date have been given.
Note:- You will have to also submit an extra copy for PP.
1 Like

Dony D   30 September 2019

Thank u so much Vinit Sir.....can you also tell me the procedure to file an 138 negotiable instrument act case in magistrate court...... I have already send notice

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