Affidavit Under Section 438 Of The Code Of Criminal Procedure, 1973 - Legal Draft

Precedent No. 71

AFFIDAVIT: UNDER SECTION 438 OF THE CODE OF CRIMINAL PROCEDURE, 1973

BEFORE THE COURT OF SESSIONS JUDGE,

In

Criminal Complaint No of 20

Applicant/Accused:

Vs.

Opposite Party:

AFFIDAVIT of , S/o , aged

years, presently and permanently residing in

The deponent abovenamed hereby solemnly affirms and states as

follows:—

1. That the deponent is the applicant herein and the accused in the

Criminal Complaint referred to above. The deponent is well conversant

with the facts and circumstances of the present case and competent to

swear to this affidavit.

That the deponent is a young man of 26 years. He is the Managing

Director of one of the leading Multi-national Companies.

That the deponent is a very respectable person of his locality and is a

peace loving citizen.

That on , the applicant got married to the , D/

o , now residing in

That the relations between the deponent and the complainant were

notcordial because of the latter's extra-marital affair with the

complainant,who has been working with the Police.

That the deponent objected to such affair of his wife and did not permit

her to go out of the house.

That nursing a grudge against the aforesaid natural response of the

deponent and taking undue advantage of his office, the complainant got

the abovementioned complaint registered against the deponent on

at

1. That the said complaint registered against the deponent is

absolutely false and incorrect. The deponent is not at all involved in

the offence alleged in the complaint.

1. That as a matter of fact, the deponent is a victim at the hands

of the complainant, who has conspired with the Police and got the

complaint registered.

1. That the said complaint is absolutely fictitious and pregnant

with malice.

1. That in view of the abovementioned circumstances, the deponent

apprehends that he may be arrested in pursuance of the aforesaid

fictitious complaint.

1. That the arrest of the deponent by the Police will cause

irreparable loss and injury to the impeccable reputation of the deponent

and will also adversely affect his service.

That the deponent is a permanent resident of , and there is

no chance of his absconding in case he is granted bail. That the

deponent is not a previous convict and has never been involved in any

criminal case before.

That the deponent undertakes to abide by any of the conditions that this

Hon'ble Court may deem fit for admitting the deponent to bail. That the

deponent is ready to produce surety to the satisfaction of this Hon'ble

Court.

SdJ Deponent.

Verification

Verified at on this the day of , 20 ,

that the contents of the above affidavit are true and correct to the

best of my knowledge, belief and information and nothing material has

been concealed therefrom.

SdJ Deponent.

Solemnly affirmed and signed before me by the deponent, who is

personallyknown to me, on this the day of ,20

SdJ

Counsel for the deponent.

Note: Affidavit to be attested by the appropriate authority prescribed

under law.