Vit Under Section 437 Of The Code Of Criminal Procedure Legal Draft Template
| Category | Affidavits Criminal |
| Format | Word Document |
| File name | VIT- UNDER SECTION 437 OF THE CODE OF CRIMINAL PROCEDURE.doc |
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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
- I, the abovenamed deponent do hereby solemnly affirm and state
on oath as follows:—
- 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
- 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.
- The averments in para Nos. 1 to 5 of the affidavit, being
matters of record, deserve no reply.
- 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.
- 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.
- 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.
- 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.