Vit Under Section 437 Of The Code Of Criminal Procedure - Legal Draft

Precedent No. 70

COUNTER AFFIDAVIT: UNDER SECTION 437 OF THE CODE OF CRIMINAL PROCEDURE

IN THE SESSIONS COURT OF

Counter-Affidavit in Criminal Miscellaneous (Bail)

Application No of 20

Applicant:

Vs.

Respondent:

COUNTER-AFFIDAVIT

I, , S/o , aged , residing

in

1. I, the abovenamed deponent do hereby solemnly affirm and state

on oath as follows:—

1. I am the Circle Inspector attached to the Police-station and am

the investigating officer in the crime covered by the above case. I am

fullyconversant with the facts and the circumstances of the case and

amauthorised and competent to file this counter affidavit in the

BailApplication of the accused

1. All the averments in the affidavit of the accused applicant,

save and except those which are specifically admitted hereunder, are

denied as untrue and incorrect.

1. The averments in para Nos. 1 to 5 of the affidavit, being

matters of record, deserve no reply.

1. With regard to the averments in para Nos. 6-14, it is

respectfully submitted that the same are not true or correct. There is

prima facie evidence to convict that applicant for the offence alleged

against him and with which he is charged. As an investigating officer, I

was able to recover the lathi used by the applicant from the concealed

place in the very residence of the accused soon after his arrest by me.

Further, the applicant himself pointed out the place where the said

weapon was kept.

1. Further investigation revealed that there was bitter animosity

between the complainant informant and the applicant and there was even

civil litigation between the parties in which the complainant victim

eventually succeeded. Consequently, the accused was harboring feelings

of hatred and animosity against the victim and even went to the extent

of threatening to put an end to the victim's life.

1. The applicant is a man of abundant resources and there is every

possibility of his interfering with the investigation making use of his

political connections and influencing the witnesses with his money

power, if he is set free. Granting bail to the applicant will seriously

affect the investigation and prosecution of the case.

1. His remand to, and continuance in custody till the investigation

is over is very essential for an effective and complete investigation of

the case.

It is, therefore, just and necessary that the bail application filed by

the applicant be dismissed.

Sd./ 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.

Sd./ Deponent.

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

personallyknown to me, on this the day of ,20

Sd./

Counsel for the deponent.

Note: Affidavit to be attested by the appropriate authority prescribed

under law.