Section 437 The Code of Criminal Procedure, 1973 - Sample Application

Following is the all explained Section 437, Cr.P.C. and the Sample/Specimen/Proforma of Application for granting bail U/s 437 Cr.P.C.

Full Explanation of Section 437  Cr.P.C.

Points of Consideration:-

1. A person may be accused of a Bailable or a Non Bailable offence. In case of a bailable offence, the accused has a right to secure his release by applying for bail under S. 436(1) of Cr P C, while in case of non-bailable offence, the accused may be released by the court on its discretion after he applied for bail under S. 437(1) of Cr P C. In case of a bailable offence, if the accused in indigent, he may be released my executing a personal bond without sureties.
2. The application for bail is made to the court in which the accused is tried (that depends on the offence). However, S. 439 gives special powers to HC and Court of Session to release a person on bail (after imposing certain  conditions), and so an application may be made to HC or Court of Session as well if the person is under arrest.
3. No Verification, Notary, and Affidavit required.

SAMPLE:-

BEFORE THE COURT OF (give the name of the police station or the Illaqa Magistrate where the bail application is being filed) 

IN THE MATTER OF 

STATE 

VS 

(Mention the name of the applicant) 

FIR Number: (Mention the FIR number & DATE)

 Under Section: (Mention the sections under which the FIR has been filed)

 Police Station: (Mention the name of the Police Station)

APPLICATION UNDER SECTION 437 Cr.P.C. FOR GRANT OF BAIL ON BEHALF OF THE ACCUSED (name of the applicant of the bail along with his fathers name, address and other details) 

MOST RESPECTFULLY SUBMITTED AS UNDER: 

 1. That  the  present  FIR  has  been  registered  on false  and  bogus  facts. The facts stated in the FIR are         fabricated, concocted and without any basis. 

2. That the police has falsely implicated the applicant and arrested him in the present case, the applicant is a        respectable citizen of the society and is not involved any criminal case. 

3. That the facts stated in the complainant against the applicant are civil disputes and does not constitute any        criminal offence at all. 

4. That  the  applicant  is not   required   in  any kind of investigation nor any kind of custodial interrogation is     required, nor any recovery is to be made at the instance of the applicant. 

5. That the applicant is having very good antecedents, he belongs to good family and there is no criminal case     pending against them. 

6. That the applicant is a permanent resident and there are no chances of his absconding from the course of        justice. 

7. That the applicant undertakes to present himself before the police/court as and when directed. 

8. That   the   applicant   undertakes   that   he  will not,  directly or indirectly make any inducement, threat or     promise  to  any  person  acquainted  with the facts of the case so as to dissuade him from disclosing such     facts to the Court or to any police officer. 

9. That the applicant further undertakes not to tamper with the evidence or the witnesses in any manner. 

10. That the applicant shall not leave India without the previous permission of the Court. 

11. That the applicant is ready and willing to accept any other conditions as may be imposed by the Court or       the police in connection with the case. 

PRAYER 

It is therefore prayed that the court may order for the release of the applicant on bail in the interest of justice. Any other order which the court may deem fit and proper in the facts and circumstances of the case may be also passed in favor of the applicant. 

Dated:

 APPLICANT 

 THROUGH COUNSEL

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