Magistrate / Sessions · Code of Criminal Procedure 1898, Section 497
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IN THE court_type, district
Criminal Bail Application No. _____ of year
applicant_name, son/daughter of applicant_father, resident of applicant_address, holding CNIC No. applicant_cnic ... Applicant
VERSUS
The State and complainant_name, son/daughter of complainant_father, resident of complainant_address ... Respondents
APPLICATION FOR BAIL UNDER SECTION 497 OF THE CODE OF CRIMINAL PROCEDURE 1898
Respectfully sheweth:
1. That the Applicant is presently in custody on the charge of offence_description under penal_section of the Penal Code 1860. An FIR (No. fir_number) was registered on fir_date at Police Station police_station, district.
2. That the Applicant respectfully submits that bail should be granted under Section 497 CrPC on the ground that the investigation in the case is still at a preliminary and ongoing stage, and further inquiry is required to ascertain the facts and circumstances.
3. That Section 497(2) CrPC restricts bail only where it is probable that the offence charged is one for which a punishment of death or life imprisonment may be inflicted, or where the person charged with a non-bailable offence has a criminal antecedent or is likely to tamper with witnesses. None of these conditions apply to the Applicant.
4. That the Applicant is accused of specific_offence_details, which, while non-bailable, does not fall within the prohibitory category of Section 497(2) CrPC. The Applicant has not been convicted previously and possesses no criminal antecedents.
5. That the investigation is yet in its nascent stage. The police are conducting further inquiry and have not completed the investigation file. The Applicant's detention in custody is not essential for the purposes of investigation.
6. That the Applicant has deep roots in the community and is strongly anchored to the district. The Applicant ties_to_community, which demonstrates that there is no risk of absconding.
7. That the Applicant shall fully cooperate with the investigating agency and shall remain available for all investigative purposes. The Applicant undertakes to appear in court whenever required.
8. That prolonged custody would cause undue hardship to the Applicant and his/her family. The Applicant hardship_details, making immediate release essential in the interests of justice.
9. That this Honourable Court has consistently granted bail in cases where further inquiry is ongoing and none of the prohibitory grounds in Section 497(2) CrPC are satisfied.
LIMITATION: This bail application is filed within the prescribed period and at the appropriate stage of proceedings, with no prior bail application pending before any other forum, save and except as disclosed herein.
PRAYER
It is, therefore, most respectfully prayed that this Honourable Court may be pleased to:
(a) Grant bail to the Applicant under Section 497 CrPC on the ground that further inquiry is pending;
(b) Direct the release of the Applicant on execution of a bond in the sum of Rs. bail_amount with sureties_count sureties each in the like amount;
(c) Impose appropriate conditions, such as regular appearance before the police for investigative purposes; and
(d) Grant such further and other relief deemed just and proper in the circumstances of the case.
VERIFICATION
Verified on solemn affirmation at verification_place on this _____ day of _____, year, that the contents of paragraphs 1 to 9 of the above application are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.
_____________________________ applicant_name Applicant Through: _____________________________ counsel_name Advocate
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