Anticipatory Bail under Section 438 CrPC (India) by OLL
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ANTICIPATORY BAIL UNDER SECTION 438, CRPC
In the Court of the Sessions Judge at …………………….
Mr…………………………………..s/o……………………………………
resi…………………………………………. ... Petitioner
Versus
TheStateof…
………………………………………………………………………………………………………………Respondent
The humble petition of the petitioner above-named
Respectfully showeth:
1. That a burglary was allegedly committed in a Colony which is near to the Colony ….where the petitioner's house is located on the night of dated………….
2. That owner of house, where burglary had been committed, bear enmity with petitioner for many years on landed properties and is implicating the petitioner falsely in said ………….. case.
3. That the petitioner believes that he may be arrested on accusing him the said offence of burglary, a non-bailable offence by police at instance of said owner of house where burglary is allegedly committed.
4. That the petitioner undertakes to abide by all conditions in clauses (i) to (iii) of sub-stated in sec. (2) of section 438, Cr PC and obeying other conditions so imposed by Your Honour.
your petitioner prays that Your Honour may be kindly pleased to issue a direction to S.H.O. Police Station West that if petitioner is arrested he may be released on bail on conditions that Your Honour may impose on petitioner.
And your petitioner, as in duty bound, shall ever pray .
DEPONENT
VERIFICATION
I, _____________________________ the above named deponent do hereby verify on oath that the contents of the affidavit above are true to my personal knowledge and nothing material has been concealed or falsely stated. Verified at _______this _____day of_______
DATE:
PLACE:
DEPONENT
This template is used to apply for anticipatory bail in India when an individual fears arrest for a non-bailable offence. It includes sections for detailing the grounds of the application, such as false implication due to enmity, and an undertaking to comply with court conditions.
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About this template
What is this template?
This is a criminal court filing for the grant of bail in anticipation of an arrest. It is not a regular bail application made after a person is already in custody. It contains a specific prayer for a direction to the S.H.O. of a Police Station to release the petitioner if arrested.
When should you use it?
Use this when a person believes they are about to be arrested for a non-bailable offence in India and needs protection from the Sessions Judge. Use a regular Bail Application instead if the person has already been taken into police or judicial custody.
Who it's for
- an individual in India fearing arrest for a non-bailable offence such as burglary
- a person alleging false implication by an owner of a house due to landed property enmity
How long it runs and how it's signed
Law it's drafted under
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