Application For Anticipatory Bail Before Sessions Judge Deeds Miscellaneous 1819 - Legal Draft

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Category : Deeds Miscellaneous

Application for Anticipatory Bail before Sessions Judge
In the Court of Sessions Judge at..........

Criminal Misc. Case No ...............of
In the matter of:

An application for anticipatory bail under section 438 of the Code of Criminal Procedure 1973

And In the matter of:
AB

........................... Petitioner
versus The State of West Bengal... Respondent

The humble petition of the petitioner above-named

Most Respectfully Sheweth:
1. That the petitioner is a senior Government servant working under
the Central Government in the Department of Customs and Excise.
2. That in connection with his official duties he has to undertake various
raids against criminals and anti-socials.
3. That some known criminals of the area, namely,..........hatched a conspiracy to harass and malign your petitioner in public by implicating
him by and in lodging an FIR at the Police Station at
4. That the petitioner being a permanent Government servant has no
chance of going underground and if necessary he shall co-operate with
the police in investigation and anticipatory bail be granted to your petitioner.
5. That if no anticipatory bail is granted he shall suffer irreparable
injury.
6. That the petitioner undertakes to abide by all the terms and conditions
of the order of bail if passed.

Hence it is prayed that Your Honour will be pleased to grant the petitioner anticipatory bail and pass such other order or orders as Your Honour deem fit and proper.

And for this act of kindness your petitioner shall ever pray.
Advocate of AB AB

Verification

I, AB, son of MN, residing at

........................ do hereby
solemnly affirm and say as follows:
1. I am the petitioner above-named. I know the facts and
circumstances of this case.
2. The statements in paragraphs 1 to 6 hereinabove in the petition
are true to my knowledge and belief.
3. I sign this verification on this 7th day of June 2000 at Howrah.
Solemnly affirmed by the said AB
on this 7th day of June 2000 at
Court House at AB
Before me Notary/Magistrate
Application for Anticipatory Bail under section 438, Cr PC
In the Court of the Sessions Judge at Howrah

AB son of MN resident of ... Petitioner

versus The State of West Bengal... Responden
The humble petition of the petitioner above-named
Most Respectfully Sheweth:
1. That a burglary was said to have been committed in a village which is
contiguous to the village Dhubli where the petitioner's house is situated on
the night of 6th June 2000.
2. That the owner of the house, in which the burglary had been committed,
has enmity with the petitioner for several years over landed properties and
he is trying to implicate the petitioner in the said dacoity case falsely.
3. That the petitioner has reasons to believe that your petitioner may be
arrested on accusation of having committed the said offence of burglary
which is a non-bailable offence by police at the instance of the said owner of
the house where burglary is said to have been committed.
4. That the petitioner undertakes to obey all the conditions mentioned
in clauses (t) to {Hi) of sub-sec. (2) of section 438, Cr PC and to obey any
other conditions if imposed by Your Honour.

In the circumstances your petitioner prays that Your Honour may be graciously

pleased to issue a direction to the Officer- in-Charge of Police Station Dhubli that in the event of your petitioner being arrested he may be released on bail on any conditions that Your Honour may be pleased to impose on your petitioner.

And your petitioner, as in duty bound, shall ever pray.

Verification

I, AB, son of MN, residing at , Howrah do hereby
solemnly affirm and say as follows:
1. I am the petitioner above-named. I know the facts and
circumstances of the case.
2. The statements in paragraphs 1, 2, 3 and 4 of the foregoing
petition are true to my knowledge and belief.
3. I sign this verification on this 7th day of June 2000 at the Court
House in Howrah.

Solemnly affirmed by the said AB on this 10th day of June 2000 at Court House in Howrah.

Before me Notary/Magistrate
Application for Bail before High Court under section 439, Cr PC

In the High Court at Calcutta (Criminal Miscellaneous Jurisdiction)

In the matter of:

An application for bail under section 439, CrPC

And In the matter of:
AB Petitioner
(in Jail Custody)
versus
The State of West Bengal

Respondent

to
The Hon'ble Mr.
Chief Justice and his companion Justices of the said Hon'ble Court

The humble petition of AB the petitioner above-named

Most Respectfully Sheweth:
1. The petitioner is a respectable person having his own business. He is
an income-tax payer.
2. Shri CM being the de facto complainant in order to harass and
humiliate the petitioner has engineered a false case against the petitioner
because of business rivalry and got him arrested by the police.
3. The evidence collected during investigation so far against the petitioner
is very meagre.
4. The petitioner applied for bail before the Sub-divisional Judicial
Magistrate...........on 2nd May 2000 but his bail was refused.
5. That the petitioner then applied for bail before the Sessions Judge,
Alipore in Criminal Misc. Case No..........of

.........on ............ but the
Sessions Judge has also refused bail.
6. The petitioner is in custody over a month and the police
duly interrogated him during the police custody and his further detention
in custody is not necessary for the purpose of investigation of the case.
7. That the petitioner has his permanent residence at ............ , and
carries on business and he has no chance of absconding.
8. The petitioner undertakes to abide by the terms and conditions that
may be imposed upon him by the Hon'ble High Court and shall attend the
Court of the Learned Magistrate as and when required.
9. That the petition is bona fide and made in the interest of justice.

In the circumstances the petitioner humbly prays Your Lordships may be graciously pleased to direct the release of the petitioner on bail or pass such other order as Your Lordships may deem fit and proper.

And your petitioner as in duty bound shall ever pray.
Advocate of AB Sd. AB

Verification

I, AB, son of MN, by occupation business, resident of    at
preset in Alipore Jail custody do hereby solemnly affirm and say as follows:
1. I am the petitioner above-named and I know the facts and
circumstances of this case.
2. The statements in paragraphs 1 to 9 of the foregoing petition are
true to my knowledge and belief.
3. I sign this verification on
Solemnly affirmed by the said AB
on       at the Court
House in
Before me Commissioner