IN THE HON’BLE COURT OF ____________ AT __________
Cr.Misc.Application no __________ 2018
IN THE MATTER OF
STATE
VS
(APPLICANT)
FIR NO___________
DATED___________
UNDER SECTION___________
POLICE STATION__________
Accused under custody since___________
APPLICATION UNDER SECTION 437 CRPC FOR GRANT OF BAIL ON BEHALF OF THE ACCUSED (name of the applicant of the bail along with his father’s name, address and other details)
MOST RESPECTFULLY SUBMITTED AS UNDER:
- The accused - an 81-year old advocate and solicitor - was charged with the offence of murder. He claimed trial and applied to be released on bail.
- The defence contended that the medical condition of the accused brought the case within the proviso to s 388(1) of the Criminal Procedure Code . In support of its argument, the defence tendered a medical report on the accused which, inter alia, stated that t
- he accused suffered from several serious diseases. The defence also produced a newspaper report of a statement issued by the police. The statement was to the effect that police investigations showed that there was justification in the killing of the accused. Whilst the prosecution did not challenge the medical report.
- it submitted that there were medical facilities in the prison to treat the accused. The prosecution also argued that the fact that the accused had been charged and the prosecution was instituted with the consent of the public prosecutor indicated there were reasonable grounds for believing the accused was guilty as charged
- That the present FIR has been registered on false and bogus facts. The facts stated in the FIR are fabricated, concocted and without any basis.
- That the police have falsely implicated the applicant in the present case, the applicant is a respectable citizen of the society and is not involved in any criminal case.
- does not constitute That the facts stated in the complainant against the applicant are civil disputes and any criminal offence at all.
- That the applicant is not required in any kind of investigation or in any kind of custodial interrogation is required.
- That the applicant is having very good antecedents, he belongs to good family and there is no criminal case pending against them.
- That the applicant is a permanent resident and there are no chances of his absconding from the course of justice.
- That the applicant undertakes to present himself before the police/court as and when directed.
- That the applicant undertakes that he will not, directly or indirectly make any inducement, threat or promise to any person acquainted with facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.
- That the applicant further undertakes not to tamper with the evidence or the witness in any manner.
- That the applicant shall not leave India without the previous permission of the court.
- That the applicant is ready and willing to accept any other conditions as may be imposed by the court or the police in connection with the case
PRAYER
It is therefore prayed that the court may order for the release of the applicant on bail in the interest of justice.
Any other order which the court may deem fit and proper in the facts and circumstances of the case may be also passed in favor of the applicant.
APPLICANT
THROUGH
COUNSEL
