Format for anticipatory bail before Honble High Court U/S 307

IN THE HIGH COURT OF JUDICATURE AT PUNJAB AND HARYANA

ANTICIPATORY BAIL APPLICATION

U/S 307, 392, 323, 143, 323, 143, 144, 147, 148, 149 of I.P.C.

CRIMINAL APPELLATE JURISDICTION CRIMINAL

ANTICIPATORY BAIL APPLICATION NO.: -……… OF 20….

DISTRICT: ----

First Application for Anticipatory bail, in Hon’ble High Court u / s. 438 of Cr. P.C. in connection with

Police Station C. R. No. -------------registered under Section 307, 392, 323, 143, 323, 143, 144, 147, 148, 149 of I.P.C. and 37(1)135 of B. P. Act.

Name……. Age……… years, Occ……… R/O…….

Applicant

Versus

The State of Punjab

Respondent

TO,

THE HONORABLE CHIEF JUSTICE AND THE OTHER HONORABLE COMPANION JUDGES OF THE HONORABLE HIGH COURT.

THE HUMBLE APPLICATION OF THE APPLICANT ABOVE NAMED MOST RESPECTIFULLY SHEWETH:

1. The Applicants approaches this Hon’ble Court with the prayer that this Hon’ble Court may be pleased to exercised its jurisdiction under section 438 of Cr. P. C. and this Hon’ble court may be pleased to release the Applicant above named on bail on any suitable terms and conditions, as this Hon’ble Court may deem fit and proper, in the event of his arrest in connection with the ………………registered under Section 307, 392, 323, 143, 323, 143, 144, 147, 148, 149 of I.P.C. and 37(1)135 of B. P. Act.

2. The brief facts of the prosecution case as revels from F.I.R. are as under:

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------. Here to annexed and marked as “Exhibit – A ” is the translated true copy of the said F.I.R. in …………… Police Station No……../20/…..

3. The Applicant states that the FIR lodge by the complainant is absolutely false and on the contrary the complainant tried to……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………Here to annexed and marked as “Exhibit – B” is the Copy of the said ………………….

4. The Applicant states that after the said incident one …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

5. The Applicant states that the Applicant was …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………The Applicant is falsely implicated in the alleged office on account of political motive.

6. The Applicant states that in the circumstances the Applicant preferred an Application for Anticipatory bail ……………………………..and after hearing both the side the Ld. Addl. Sessions Judge, ………………………………….. by an Order dated ……………………………………………………………………..rejected the said Application. The Copy of the said Order dated ……………………………………..passed by the Ld. Addl. Sessions Judge, ……………………………………………………..below Exh. 1 in Cri. Anticipatory Bail Appl. No. …………………of 20………………….is annexed herewith and marked as “Exhibit – C”.

7. The Applicant states that the investigation of the offence has been practically completed considering the facts and circumstance it cannot be said that any offence u/s. 307 has been made out by the complainant. The applicant states that for the reasons stated above the applicant above named has reasons to believe that he may be arrested by the police on the accusation of having committed anon-bailable offence and therefore the Applicant approaches this Hon’ble Court for releasing him on bail in the event of his arrest (anticipatory bail) on the following amongst many others grounds, which are pleaded without prejudice to one another:

GROUNDS

i. That the Applicant is innocent and he is falsely implicated in the alleged offence. He has nothing to do with the alleged offence.

ii. That assuming the allegations made by the prosecution true for the sake of argument, the incident occurred in such situation that it can be seen that there was neither any motive nor intention to kill the complainant and as such the present applicant cannot said to have committed an offence punishable u/s. 307 of I.P.C.

iii. That no overt act what so ever has been attributed to the present applicant

iv. That taking in to consideration the totality of the circumstance by no stretch of imagination it can be said that the applicant can be held guilty of the offence punishable u/s. 307 of I.P.C. punishable with death or imprisonment for life.

v. That the Applicant is residing at the address mentioned herein above, along with his family and as such he will not abscond anywhere if he is released on bail.

vi. The Applicant undertakes that he shall make himself available for interrogation by the police officer, in connection with this offence as and when required.

vii. That offence u/s. 354 of IPC is registered against the Complainant and it was the Applicant’s sister in law, who made a phone call to the Police for informing the said incident to police and only on the basis of phone call made by her, the Police visited the spot.

viii. That as per the observation of medical officer, the complainant sustained the injury due to blunt object and it falsifies the allegation of the complainant that the injury was caused by a sharp edged weapon and considering the nature and place of injury the allegations made by the complainant that he was assaulted from the back side are apparently false.

ix. That the Applicants craves leave to add, alter or amend any of the ground aforesaid.

x. That the accused Applicants are ready and willing to furnish reasonable surety that this Hon’ble court deem fit.

xi. That the Applicant is ready and willing to abide by the terms and conditions put by this Hon’ble court, if he is released on anticipatory bail.

xii. That the accused Applicant will not misuse the liberty and will not tamper the evidence.

xiii. That there are no criminal antecedents against the Applicant.

xiv. No other application is filed in Supreme Court or any other Court regarding the Subject matter. In the circumstances aforesaid the Applicants prays that,

a) The Accused Applicants above named may please be released on bail in the event of his arrest in connection with Police Station ……………………..registered under Section 307, 392, 323, 143, 323, 143, 144, 147, 148, 149 of I.P.C. and 37(1)135 of B. P. Act. on such terms and condition as this Honourable Court may deem fit and proper.

b) That pending the hearing and final disposal of this application the applicant be released on interim bail in the event of his arrest, in connection with the ………………….Police Station ……………………./ 20………… registered under Section 307, 392, 323, 143, 323, 143, 144, 147, 148, 149 of I.P.C. and 37(1)135 of B. P. Act on such terms & conditions as this Hon’ble court deem fit and proper;

c) Ad-interim relief, in terms of prayer clause (b) above, d) And for such other and further relief as the nature and circumstance of the case may require.

AND FOR WHICH ACT OF KINDNESS AND JUSTICE, THE APPLICANT SHALL AS IN DUTYBOUND EVER PRAY. MUMBAI DATED: / / 20 Applicant -----------Advocate for the Applicant

VERIFICATION

I Shri. ABC, Age - ……………… years, the Applicant above named, residing at village …………………..Dist……………………………………… do hereby state on solemn affirmation that what is stated in the above paragraphs is true & correct to the best of my knowledge & information, which I believe to be true.

Pathankot

Date: / / 20

Applicant I know the deponent.

Advocate for Applicant