Tuesday, 3 January 2017

First Application for Bail U/s 438 Cr.P.C.– Non-appearance in Lower Court – (Reason wrong date)



In The Hon’ble Court of Sessions Judge
xxxxxxx
… Accused/Applicant
Versus
State
FIR No. __ dated _________
U/s ______________________
Police Station ____________
 
First Bail Application U/s 438 Cr.P.C. on behalf of applicant for issuing the directions to the Ld. Trial court of sh. __________, CJM to release the accused/applicant on bail in the event of his surrender or appearance before the court. 


And 

Further issuing directions to the SHO/ I.O./ A.O. of Police Station _____________ to release the accused/applicant on bail, in event of their arrest, in the above noted case


Sir,
It is respectfully submitted as under:-
 
1. That the above mentioned case titled as “State V/s _____________” is pending before the Hon’ble court of Sh. __________, CJM and is fixed for ___________.
 
2. That the accused/applicant appeared before the Hon’ble Court of Sh. __________, CJM on _____________ and the case was fixed for ____________. But, the accused/applicant had wrongly note down the date as ___________ instead of ___________ and then the accused/applicant had gone to out of station, then the co-accused has informed the accused/applicant telephonically that the date of his case was _____________ and due to non appearance of the accused/applicant, his bail bonds and surety bonds has been cancelled by the court vide order dated _____________ and non-bailable warrants has been issued. 
 
3. That the accused/applicant is vigilant litigant and wants to join the proceeding of the case, but due to issuance of non-bailable warrants, the accused/applicant has apprehension that he may be arrested at the time of his appearance before the said court.
 
4. That the accused/applicant had been appearing regularly before the Hon’ble Court of Sh. __________, CJM on each and every date of hearing.
 
5. That the accused/applicant undertakes to appear before the Hon’ble Court of Sh. __________, CJM on each and every date of hearing, if released on bail.
 
6. That all the offences are bailable one.
 
7. That the accused/applicant further undertakes that he shall not misuse the concession of bail, if granted to him.
 
8. That the accused/applicant further undertakes to abide by all the terms and conditions, which may be imposed by this Hon’ble Court, while granting the concession of bail to him.
 
It is therefore, respectfully prayed that necessary directions may kindly be issued to the Hon’ble Court of Sh. __________, CJM to release the accused/applicant on bail, in the event of his surrender/appearance before the said court.
 
It is further prayed that the interim bail may kindly be granted to the accused/applicant, till the final disposal of the bail application, in the interest of justice, equity and fair play.
Dated:

Accused/Applicant

Through Counsel:-




Note: For Supporting Affidavit CLICK HERE


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