Application under Sections 109 & 123 CrPC (India) by OLL
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Application under Section 109 & 123 of CrPC
IN THE COURT OF THE LD. SDM (U) EXERCISING THE POWERS OF
EXECUTIVE MAGISTRATE AT ………………
Application No.:______ of …………
1.
2
Applicant/Suspect
Versus
Respondents
Application under Section 109 & 123 of CrPC for releasing on bail the applicant/suspect on furnishing sureties/securities to the satisfaction of this Ld. court.
Respectfully Sheweth:-
1. That the applicants/suspects have been kept in police custody since ___________________ by the SHO of Police Station: ____________________ on the suspicion of likely to commit a cognizable offence under Sections of IPC.
2. That the applicants submit that they are innocent and have neither any intention of committing any such offence nor have ever committed any such offence. The applicants have been falsely implicated in the said case by some person with vested interest to harass the applicant.
3. That by keeping the applicants/suspects under custody and arrested the applicants have been deprived of their valuable fundamental right of liberty by abuse of legal provisions and process of law by the complainant.
4. That the applicants are willing to furnish surety and bail bonds to the satisfaction of this Ld. Court in case they are ordered to be released on bail. The applicants are also willing to join the investigations and bind himself by the terms and conditions laid down by the law or by this Ld. court. It is further submitted that the applicant is not at all required for the investigations and the investigations are over. However, if the applicant is required for investigation, the applicant/suspect undertakes to be present as and when required in accordance with the law.
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, most respectfully prayed that:-
(a) that the applicants 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 applicants;
(c) 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, Advocates
Note:-
This application is filed through the next friend of the applicants/suspect as the applicants are in police custody. It is, therefore, prayed that the application of the applicant/suspect may kindly be allowed and the applicant/suspect may kindly be released on interim bail in the interest of Justice.
…………………………. Applicant
_____ Through counsels
IN THE COURT OF LD SDM (U) EXERCISING POWERS OF EXECUTIVE MAGISTRATE AT ………………………….
………………………….. Applicant
Versus
…………….. ………... Respondent
Affidavit in support of the application
This is a preview. The full template is free on GitLaw.
This document is a formal application for bail used in India under Sections 109 and 123 of the CrPC. It is used to request the release of a suspect from police custody upon the furnishing of sureties and securities for good behavior.
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About this template
What is this template?
This is a formal court application and statutory bond used to secure the release of someone detained preventatively. It contains a specific Form No. 13 for a 'Bond for Good Behaviour' and a supporting affidavit for the next friend. It is not an application for anticipatory bail or a regular bail petition for a person already charged with a specific crime.
When should you use it?
Use this when a person is arrested under suspicion of future criminal activity rather than a past act, specifically under the security proceedings of the CrPC. Use a 'Regular Bail Application' instead if the person has already been formally charged with a specific IPC offence.
What's inside
| Clause | Name | What it does |
|---|---|---|
| Para 4 | Release on Bail | The Applicant expresses willingness to furnish surety and bail bonds and bind themselves to conditions laid down by the court. |
| Para 4 | Undertaking for Investigation | The suspect undertakes to be present for investigations as and when required by law if released. |
| Form No. 13 | Bond for Good Behaviour | The individual binds themselves to forfeit a specified sum of rupees to the Government if they fail to maintain good behaviour. |
| Form No. 13 | Surety Declaration | Sureties declare joint and several liability to forfeit a sum of rupees if the suspect defaults on their good behaviour obligation. |
Who it's for
- a person detained in India by the SHO on suspicion of committing a cognizable offence
- a next friend filing for a suspect currently held in police custody
- legal counsel seeking interim bail from an Executive Magistrate
How long it runs and how it's signed
Law it's drafted under
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