Application for Bail

The application for bail has to be made out u/s Sec.437 of CR.P.C.in case it is made to the Metropolitan Magistrate(MM).If the application for bail is directed at the Sessions Court,then the application has to u/s 439 CR.P.C.
The general format of an application for bail is as follows:

IN THE COURT OF DISTRICT AND SESSIONS

TIS HAZARI COURTS, DELHI.

IN THE MATTER OF:

STATE

Vs.

_______________________

(Address of accused)

                                                            FIR No.________

                                                            u/s _________IPC

                                                            P.S._____________.

                                                            Sent to J.C. on ____________

                                                            Last bail application dismissed on ______

INDEX

Sno	Particulars	Pages
1	Application for bail u/s 439 CR.P.C.
2	Copy of FIR
3	Annexure 1: Order of LD.MM dismissing second bail application on _______
4	Annexure 2: Order of Sessions court dismissing third bail application on _______
5	Annexure 3: Order of LD.MM dismissing fourth baill application on _________

Date: 26.5.17                                                                                 Accused

Place: Delhi                                                                    through

                                                                                                      Advocate

APPLICATION FOR GRANT OF BAIL U/S 439 CR.P.C.

Most respectfully showeth:

1. That this is the _______ bail application of the accused. That the first bail application of the accused was dismissed by the LD. MM on ________ and the second bail application of the accused was dismissed by the LD.MM on _________.That the third bail application was dismissed by the Hon'ble District and Sessions court on _________.That the fourth bail application was dismissed by the LD. MM on _______.

2. That the accused was arrested on _________ and was in police remand for 2 days. That the accused was sent to judicial custody on _________.That the accused has been in custody for _________ days.

3. That the police has filed the final report and charge sheet on __________ against the accused. That the filing of the final report and charge sheet by the police indicates that the police investigation has been completed.

4. That since the final report and charge sheet have been filed by the police, there is no remaining purpose for retaining the accused in JC.

5. Quote precedent of the SC to back up your argument.

6. That since the evidence is ______________in nature , there is no possibility of the accused tampering with the evidence of the prosecution.

7. That the reasons for remanding the accused in JC are as follows:

a) That the investigation is pending against the accused.
b) Accused may cause the disappearance and tampering of evidence.
c) The accused can induce the witnesses, can threat the witnesses and can also dissuade them from disclosing the true facts to the investigating agency and court.
None of the aforementioned reasons are prevalent any more :

• That the investigation has been completed and the final report submitted. That the charge sheet has been filed.
• That all the evidence both documentary and CCTV footage has been given to the police  and neither can the accused cause the disappearance of the evidence nor can he tamper with it in any way.
• That accused cannot induce any witnesses from disclosing the true facts because the statements of witnesses have been recorded by the police.

That since none of the parameters for remanding the accused in JC are prevalent anymore, there is no purpose for retaining the accused in JC.

8. That since the accused has been in custody for 65 days and the police has completed the investigation, there is a need to balance the right of the police to investigate the case with the right to life and liberty of the accused as enshrined in Art 21 of the Constitution.

9. That it has been stated by the Hon’ble Supreme Court in Vaman Narain Ghiya v. State Of Rajasthan((2009) 2 SCC 281) that ,”A balance is required to be maintained between the personal liberty of the accused and the investigation-al right of the police. It must result in minimum interference with the personal liberty of the accused and the right of the police to investigate the case.”

10. That the accused has been cooperating with the police investigation from the day he received information regarding it. 

11. That there is no chance of the accused absconding in the event of being released on bail. 

12. That the accused undertakes to follow all the conditions laid down by the Hon'ble court for granting of bail.

13. That the accused is not a previous convict.

14. That the accused is innocent.

PRAYERS

It is therefore respectfully prayed to the Hon'ble Court that the accused may kindly be released on bail.

For this act of kindness, the applicant shall be forever grateful.

Date:                                                                                         Accused

Place:                                                                              through

                                                                                                 Advocate