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

Precedent No. 69

AFFIDAVIT: UNDER SECTION 437 OF THE CODE OF CRIMINAL PROCEDURE

IN THE SESSIONS COURT OF

Criminal Miscellaneous (Bail) Application No of 20

Applicant:

Vs.

Respondent:

AFFIDAVIT of , S/o , aged ,

residing in

The deponent named above hereby solemnly and affirms as follows:—

1. That I am the deponent referred to above and the accused in Sessions

Case No , which is allegedly for an offence punishable under

section 307 read with sections 120B and 34 of the Indian Penal Code.

1. That I am fully familiar with the facts and the circumstances of

the case and I am competent to depose to the facts mentioned hereunder.

1. That I am not guilty of the offence with which I am charged and

I am innocent. I have been falsely implicated in the Sessions Case for

having allegedly committed the offence referred to above due to past

enmity with the de facto complainant who had given the First Information

Statement to the Police. The aforesaid case arose out of the First

Information

Statement referred to above. The F.I.R. dated , lodged by

the Police-station, was that I arrived at the residence

of the original complainant, at pm on

the , 20 , and tried to attack him with a lathi. A true

copy of the F.I.R. has been filed before this Hon'ble Court.

1. That the aforesaid facts stated in the F.I.R. are totally false,

concocted and born out of the figment of the wild imagination of the

informant and the Police who have registered the crime.

1. That despite the fact that the deponent was arrested a few days

ago, no weapon or other material object was discovered or recovered from

his person or was shown by him. The memo of arrest, which is produced

herewith, will clearly bear this fact out.

1. That there is no independent evidence from any reliable source

whatsoever as to the occurrence and the entire prosecution case is a

fictitious one.

1. That no occurrence of a criminal nature, much less like the one

alleged against the deponent, has ever taken place.

1. That the deponent is unnecessarily detained and his freedom of

movement and action is curtailed, totally violating his fundamental

rights.

1. That the applicant is the only earning member of his family and

earns out his livelihood as a contractor. He has a large family

consisting of his wife, two children, two younger siblings and aged

parents. In the event of the deponent's continuing status as a detainee,

his family will be forced to starve.

1. That the deponent applicant is willing to provide two solvent

sureties in the event of being granted bail by this Hon'ble Court. He

also undertakes to abide by all the conditions this Hon'ble Court deems

fit to impose for the purpose of releasing him on bail. Further, the

deponent will willingly co-operate with the investigation and not try to

influence any witnesses or hamper any evidence.

1. That the deponent has not filed any bail application earlier,

nor is any bail application of his is pending before this or any other

Court.

1. That the deponent has never been convicted of any offence

before, nor has he been implicated in any crime whatsoever.

SdJ Deponent.

Verification

I, the abovenamed deponent, verify that the contents of this affidavit

are true to the best of my knowledge, belief and as per information

received by me by experts and nothing material has been concealed

therefrom. Date: Place:

SdJ Deponent

Solemnly affirmed and signed before me by the abovenamed deponent who

ispersonally known 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.