Affidavit in Anticipatory Bail Application – Drafting – Format
When an individual person anticipates an arrest in a case, which is a non-bailable offence, the Code of Criminal Procedure provides a pre-safeguard of anticipatory bail under Section 438 of CrPC. This empowers the Sessions Court or the High Court to grant bail before the arrest upon an application which should be made by the accused.
In these types of applications, there is a crucial part which is the affidavit, which is important to provide along with the anticipatory bail petition. In here we will learn on how to draft, what is the structure, significance and the format of the affidavit in an anticipatory bail application.
Purpose of affidavit in an anticipatory bail application
An affidavit serves multiple legal purposes. It supports the content of the bail petition with a sworn statement.
This affidavit ensures that the court has a verified declaration, which states that the contents are true to the applicant’s knowledge and it also establishes authenticity and bona fide intention of the accused or the applicant seeking the relief under 438 of CrPC.
This affidavit is typically sworn by the applicant or by an authorised person, especially when the applicant is in a position where they cannot appear personally in the court.
Let’s see the key components of the draft affidavit. Every draft should have the title and the jurisdiction which specifies the court where the application is being submitted along with the bail application details. The details such as application number and the provisions in which it is filed has to be mentioned.
Parties to the case has to be included, which should include the applicants and the respondents, which can be the State represented by the police.
Details of the deponent which gives personal details of the person swearing the affidavit.
The statements by the deponent which should include 4 to 5 core declarations. It should include that the deponent is the applicant or the authorised person. The facts stated in the main anticipatory bail petition are true, that there is no similar bail application has been filed in the same matter in this or any other court and that the affidavit is made in good faith and in the interest of justice.
It should have a verification clause which verifies the truthfulness of the affidavit and it is essential for its legal validity. At the end, the signature and the identification has to be included with the deponent signing the document and an advocate identifies the deponent before it is filed.
Why this kind of affidavit is important
The court usually relies heavily on the veracity of the affidavit when considering the anticipatory bail application. If the given affidavit contains false or misleading information, it can lead to dismissal of the bail application or maybe the contempt of court and future difficulty in obtaining a bail.
Sample Format:
BEFORE THE HON’BLE COURT OF THE DISTRICT AND SESSIONS JUDGE
AT: ____________________, _______________
AFFIDAVIT
IN
ANTICIPATORY BAIL APPLICATION No. _______ OF _______
(Under Section 438 of the Code of Criminal Procedure, 1973)
District: __________________
In the matter of:
Sri. __________________________,
S/o _____________________________,
Residing at: _______________________________________,
P.S. ____________________,
District: _____________________________.
… Applicant
Versus
The State of ___________________
Through Station House Officer,
P.S. ____________________,
District: ____________________________.
… Respondent
AFFIDAVIT
I, Sri. __________________________, aged about ________ years,
S/o _____________________________,
Residing at: ____________________________________________,
P.S. ____________________,
District: ________________________,
do hereby solemnly affirm and state as under:
1. That I am the pairokar (authorized representative) of the applicant in the above-mentioned Anticipatory Bail Application and, as such, I am well acquainted with the facts and circumstances of the case.
2. That I have been duly authorized by the applicant to swear this affidavit and pursue the application on his behalf.
3. That the contents of the accompanying Anticipatory Bail Application have been drafted under my instructions and are true and correct to my personal knowledge and belief.
4. That to the best of my knowledge and information, no other application for anticipatory bail has been filed in the same matter by the applicant either before this Hon’ble Court or before any other Court.
5. That this affidavit is made bona fide and in the interest of justice.
DEPONENT
(Signature)
Name: ___________________________
VERIFICATION
I, ________________________, the above-named deponent, do hereby verify that the contents of this affidavit are true and correct to the best of my knowledge and belief. No part of it is false and nothing material has been concealed therefrom.
Verified at _________________________ on this ___ day of __________, 20__.
Identified by: ___________________________
(Advocate’s Name & Signature)
Date: ________________
Place: _______________
ADVOCATE FOR THE DEPONENT
(Signature with enrollment number)
