Any
person who is arrested must be produced before the nearest Judicial Magistrates
court within 24 hours of his arrest (Section 57 of CrPC, 1973). When the
arrested person is produced before the Judicial Magistrates, the arrested
person or his relative / friend may present a simple Bail Application, before
concerned Magistrates Court and inform the Magistrate, among other things, that
the said arrest is patently illegal, for being effected without following the
due process of law and in wilful disregard / defiance of guidelines framed by
SC in the case of Joginder Kumar versus State of U.P., 1994, and may pray for
immediate release, on Bail on furnishing of Surety or execution of Personal
Release Bond; and where court insists for surety, then, some reasonable time may be sought for furnishing of surety and release
may be sought on depositing of reasonable amount of cash in lieu of furnishing
surety thereof.
Where the Court grants the Bail, but
insists for surety, then, some reasonable time may be sought for furnishing of
surety and release may be sought on depositing of reasonable amount of cash in
lieu of furnishing surety thereof.
BEFORE THE METROPOLITAN MAGISTRATES / MAGISTRATES
COURT AT ______
BAIL APPLICATION NO. OF 20___
IN
R.A.. No. _______of 20____
(C.R. No.________ of 20___)
ABC Applicant
/Accused No.1
Versus
The State of ________ Respondents
(through XYZ Police station)
Charges u/s …………………….
MISC.
APPLICATION FOR CASH BAIL
MAY IT PLEASE YOUR HONOUR
The
Applicant humbly state and submit as follows:
1. That the Hon’ble Court was pleased to admit the
Accused on Bail, vide their Order dated ________, and directed to furnish the
Bail of Rs.______ with two sureties of Rs._______ each.
2. That the Accused is unable to secure the Surety
immediately and will take some time to arrange for the same.
3. In the circumstances, and in the interest of justice,
it is most respectfully prayed
(a) That Accused be released on Cash Bail, so as to enable
the Accused to arrange the Surety in about two weeks time from today;
(b) To pass such other and further Order and to grant such
further reliefs as this Hon’ble Court deems fit and proper in the facts and
circumstances of the case.
Dated this _____ Day of ____Month, 20____
FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY
BOUND SHALL EVER PRAY FOR
XYZ
Applicant / Advocate for the
Applicant
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