Application under Section 438 CrPC for Grant of Bail (India) by OLL
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Application under Section 438 CrPC
for the grant of Bail.1
IN THE COURT OF SESSIONS JUDGE, ……………………
IN CASE:
……………………………..………………………………………………………………………..Petitioner
Versus
………………………………………………………………………………………………………..Respondents
Application under Section 438 CrPC for the grant of Anticipatory 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 _______________ on ________________ for offence under sections _________________________ of the IPC.
2. That the applicant apprehends arrest by the police in the above said non bailable case.
3. That the applicant is innocent and has been involved due to the enemity and family feud.
4. 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 anticipatory bail.
5. 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 when ever required to do so.
It is, therefore, prayed that the applicant may be ordered to be released on bail and this application for anticipatory bail may kindly be allowed. It is further prayed that till the decision of this application interim bail may be granted to the applicant. 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.
…………………………………….…. Applicant
______________________ Through, Advocate
IN THE COURT OF SESSIONS JUDGE ……………………………….
IN CASE:
Applicant
Versus
Respondent
Affidavit in support of the application under Section 438 of CrPC
I, _______________________________, do hereby solemnly affirms and declare as under:-
1. That the accompanying application under section 438 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 …………………..on ______.
Deponent
IN THE HON'BLE HIGH COURT OF …………..
IN THE MATTER OF:
Case No: Cr. M. .P [ M] No: ______ of 20....
Cr. M. P. M.: of ……………in
Cr. No:______ of ……………
Appellant./Non-applicant.
VERSUS
APPLICANT/RESPONDENT.
Criminal Misc. Petition U/S 482 of Cr. P.C. with the prayer to extend the time for filing power of attorney and furnishing personal as well as surety bail bonds in the above noted case.
MAY IT PLEASE YOUR LORDSHIPS:
1. That the above mentioned Criminal Appeal titled as ………………………………..is pending before this HON'BLE COURT for adjudication.
2. That the above mentioned case came before this HON'BLE COURT on ………………………….. wherein the time was sought for filing of Power Of Attorney and for Furnishing Of Bail Bonds, which were to be filed within a period of …………………..….
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This template provides legal forms for applying for anticipatory bail under Section 438 of the Code of Criminal Procedure (CrPC) in India. It includes the main application, supporting affidavits, and petitions to extend the time for furnishing bail bonds.
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About this template
What is this template?
This is a set of criminal court filings specifically for Indian sessions and high courts. It contains an application for bail before arrest, a supporting affidavit of the applicant, and a Section 482 petition for procedural extensions. It is not a standard bail application for someone already in custody.
When should you use it?
Use this set when a client expects the police to arrest them for a non-bailable Indian Penal Code offence. Use the Section 482 forms instead of the Section 438 application if you need to explain delays in filing bonds or power of attorney to the High Court.
Who it's for
- an individual in India apprehending arrest in a non-bailable case seeking anticipatory bail from a Court of Sessions
- a legal practitioner filing an affidavit to verify the contents of a criminal miscellaneous petition
- a foreign national unable to find local sureties seeking to furnish bail bonds before a specific magistrate
- a petitioner requiring an extension of time to file a power of attorney in a pending High Court criminal appeal
How long it runs and how it's signed
Law it's drafted under
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