IN THE COURT OF THE LD.

SESSIONS JUDGE, …………(Place)

BAIL APPLICATION NO.______/2015

IN
CRIMINAL CASE NO. …. OF 20….

IN THE MATTER OF:

An application under Sec. 439 of Code of

Criminal Procedure, 1973, prayer for the release
of Accused No.1, ………….(Name of accused)
on bail.

-And-

IN THE MATTER OF:

…………..

(Name and details of the accused)

.........................PETITIONER/ACCUSED

-VERSUS-

STATE OF ………

………………….............RESPONDENTS

P.S. …………. P.S. No. …./20….

Under Sec. 420, 467, 471 IPC

The humble Petition on behalf of the above

named Petitioner.

MOST RESPECTFULLY SHOWETH :-

1. The above named Petitioner is the sole accused in the present case who is
currently on interim bail granted by this Hon’ble Court on ………. on
medical grounds. The Petitioner qualified her B.A. in English Literature
from the ………….. College in ……….. District, (State) and has
thereafter worked in a private company for 6 months till her wedding in
2012.

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Factual Background:
2. The case as per the prosecution is as follows:
a. On ………... written information was submitted by ………….,
complaining that the Applicant through means of a forged will is
claiming to be a beneficiary of the Late Sh. ……….., father of the
informant.

b. On ………….., itself a case was registered by the police vide:

…….. P.S. No. …./20…. under Sec.302, 420, 467 and 471 of the
Indian Penal Code.

(Copy of FIR dated ……….. is enclosed herewith as Annexure I)

c. The Investigating Officer (hereafter, the ‘IO’) of this instant case

filed Chargesheet on ……….. against the said Accused and the
other accused under Sec. 420, 467, 471 of the Indian Penal Code.
(Copy of the Chargesheet dated …………. is enclosed herewith as
Annexure II)

d. As per the chargesheet, the Accused allegedly fabricated a false

will of Late Sh. …………... dated ………. bequeathing half of his
property to the Accused and the remaining half to the Complainant.
The information submitted by the Informant states that a later will
executed by Late Sh. ………….. dated ……….. was duly
registered with the Sub-Registrar, Jorhat, Assam which bequeathed
the whole property of the deceased to the Informant. The deceased
died on ………….. but it was only on …………. that the Informant
got to know that such a forged and fabricated will was in existence
as he got to know from his bank that certain properties mentioned
in the will were being mortgaged by the Accused.

e. The charge-sheet further wrongly alleges that the Accused person

was evading arrest as was unavailable to the police until …….. on
which date she was arrested.

Legal Submissions:

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3. It is humbly submitted that there are well-established principles governing
the court’s exercise of discretion under Sec.439 of the Cr.P.C. In the case
of Kalyan Chandra Sarkar v. Rajesh Ranjan @ Pappu Yadav & Anr
reported at AIR 2004 SC 1866, paragraph 11 the Hon’ble Supreme Court
held that the power to exercise bail is a discretionary power to be
exercised in a judicious manner and not as a matter of course and that in
considering an application for bail, justice to both sides governs the
judicious exercise of the court's judicial discretion.

Further the Hon’ble Supreme Court in the above mentioned case also held
that it is also necessary for the court granting bail to consider among other
circumstances, the following factors also before granting bail; they are:

a. The nature of accusation and the severity of punishment in case

of conviction and the nature of supporting evidence;

b. Reasonable apprehension of tampering of the witness or

apprehension of threat to the complainant;

c. Prima facie satisfaction of the Court in support of the charge;

4. The Hon’ble Supreme Court in the case of Arnesh Kumar v. State (Crl.
Appeal 1277/2014) has laid down several safeguards which need to be
satisfied before a person is taken into custody. It is submitted that the
Accused has been arrested in contravention to these directions of the
Hon’ble Supreme Court of India and the legality of the arrest of the
Accused is being agitated before the Hon’ble Gauhati High Court in W.P.
(Crl.) 887/2015 which is pending before that Court.

5. It is submitted that the Accused has already spent 28 days in judicial

custody until the time that she was released on interim bail by this Hon’ble
Court on ……….. on medical grounds.
(Certified Copy of the Order dated ……….. passed by this Hon’ble Court is
enclosed herewith as Annexure III)

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6. The Accused is a young married woman and has a clean record and is not
named as an accused in any other case. The Accused is suffering from
acute case of peptic ulcers and requires proper treatment in a home
environment. The Accused has maintained good behaviour in jail and no
complaint about her conduct has been made. The Accused has also
complied with the conditions set out in the order of this Hon’ble Court
under …………..(Date)..

7. The Accused is suffering from acute case of peptic ulcers since the
January 2015 and requires sustained treatment in a home environment for
which she has already been granted interim bail on …….... It is submitted
that the Accused requires further treatment and therefore would face
tremendous hardships if she is sent to custody.
(Copy of Medical Records of the Accused is enclosed herewith as Annexure
IV)

8. The Accused undertakes that she will not either directly or indirectly make
any inducements, threats or promises to any person witness in the case so
as to dissuade them from disclosing such facts to the Hon’ble Court or to
any other investigative authority or tamper with or destroy the evidence.

9. It is humbly submitted that the Accused is a permanent resident of the

aforesaid locality and has deep roots in society and that there is no chance
of her absconding or evading trial.

10. It is further submitted that the Accused will abide to any condition
imposed on him by this Hon’ble Court and undertakes to present herself
before the Court as and when directed.

11. That the Accused is already on interim bail on medical grounds and no
useful purpose will be served by keeping the Accused in custody as no
recovery or interrogation etc. is required to be done by the police and the
investigation is completed upon filing of the chargesheet on ………....

12. The Accused is ready and willing to furnish adequate surety in case of her
bail and has been granted interim bail on ………….. (Date) on one surety
of Rs. 20,000/-.
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13. That this petition is made bona fide for the ends of justice. No prejudice
would be caused to the Investigating Agency if the present Petition is not
allowed. However, grave prejudice would be caused if the present petition
is not allowed.

14. The Petitioner reserves the right to raise additional grounds and address
additional arguments at the stage of oral argument.

PRAYER
In light of the facts and circumstances aforementioned, it is humbly prayed that
this Hon’ble Court may be pleased to:

a. Pass an order releasing the Applicant on Bail in Criminal Case No.

…./20…. arising out of PS. ……... FIR No. …./20…., date ……... under
sections 420, 467, 471 of IPC;
b. In the alternative, pass an order granting interim bail to the Applicant for a
further period of one month;
c. Grant interim bail to the Petitioner in Criminal Case No. …./20…. arising
out of PS. ……………. FIR No. …./20…., date ……….. under sections
420, 467, 471 of IPC;
d. Pass such order(s) in favor of the Applicant as this Hon’ble court may deem
fit and proper in the interest of Justice.

PETITIONER/ACCUSED
THROUGH:
ADVOCATES

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IN THE COURT OF THE LD. SESSIONS JUDGE, ………..(Place)

BAIL APPLICATION NO.______/2015

IN
CRIMINAL CASE NO. …. OF 20….
IN THE MATTER OF:

(Name) .........................PETITIONER/ACCUSED

-VERSUS-

STATE OF ……….. ............RESPONDENTS

AFFIDAVIT
I, …………(Name), w/o …………….., R/o ……….(address), aged about …..
years, do hereby solemnly affirm and declare:

1. That I am the Petitioner /Accused in the instant case and I am competent to

depose to the contents of the present affidavit.

2. That the accompanying Petition has been drafted by counsel under my

instructions. I have read through the same and state that the contents thereof
are true to my knowledge.

3. The Annexures to the Accompanying Petition are true copies of its original.

DEPONENT
VERIFICATION:
Verified at …………(Place), on this ____ day of ___ month, 20…. that the
contents of the foregoing affidavit are true and correct to my knowledge, no part of
it is false and nothing material has been concealed therfrom.

DEPONENT

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