Precedent No.

69
AFFIDAVIT: UNDER SECTION 437 OF THE CODE OF
CRIMINAL PROCEDURE
IN THE SESSIONS COURT OF..............
Criminal Miscellaneous (Bail) Application No...............of 20..............
Applicant:
Vs.
Respondent:
AFFIDAVIT of................................., S/o.............................., aged.......................,
residing in ..............................................
The deponent named above hereby solemnly and affirms as follows:—
1. That I am the deponent referred to above and the accused in Sessions
Case No...................., which is allegedly for an offence punishable under
section 307 read with sections 120B and 34 of the Indian Penal Code.
2. That I am fully familiar with the facts and the circumstances of the case and I
am competent to depose to the facts mentioned hereunder.
3. That I am not guilty of the offence with which I am charged and I am innocent. I
have been falsely implicated in the Sessions Case for having allegedly
committed the offence referred to above due to past enmity with the de facto
complainant who had given the First Information Statement to the Police. The
aforesaid case arose out of the First Information
Statement referred to above. The F.I.R. dated..............................., lodged by
the.....................Police-station, was that I arrived at the residence
of................. the original complainant, at..................................pm on
the....................., 20................., and tried to attack him with a lathi. A true
copy of the F.I.R. has been filed before this Hon'ble Court.
4. That the aforesaid facts stated in the F.I.R. are totally false, concocted and born
out of the figment of the wild imagination of the informant and the Police who
have registered the crime.
5. That despite the fact that the deponent was arrested a few days ago, no
weapon or other material object was discovered or recovered from his person
or was shown by him. The memo of arrest, which is produced herewith, will
clearly bear this fact out.
6. That there is no independent evidence from any reliable source whatsoever as
to the occurrence and the entire prosecution case is a fictitious one.
7. That no occurrence of a criminal nature, much less like the one alleged against
the deponent, has ever taken place.
8. That the deponent is unnecessarily detained and his freedom of movement and
action is curtailed, totally violating his fundamental rights.
9. That the applicant is the only earning member of his family and earns out his
livelihood as a contractor. He has a large family consisting of his wife, two
children, two younger siblings and aged parents. In the event of the deponent's
continuing status as a detainee, his family will be forced to starve.
 10. That the deponent applicant is willing to provide two solvent sureties in the
event of being granted bail by this Hon'ble Court. He also undertakes to abide
by all the conditions this Hon'ble Court deems fit to impose for the purpose of
releasing him on bail. Further, the deponent will willingly co-operate with the
investigation and not try to influence any witnesses or hamper any evidence.
11. That the deponent has not filed any bail application earlier, nor is any bail
application of his is pending before this or any other Court.
12. That the deponent has never been convicted of any offence before, nor has he
been implicated in any crime whatsoever.
SdJ
Deponent.
Verification
I, the abovenamed deponent, verify that the contents of this affidavit are true to the
best of my knowledge, belief and as per information received by me by experts and
nothing material has been concealed therefrom. Date: Place:
SdJ Deponent
Solemnly affirmed and signed before me by the abovenamed deponent who is
personally known to me, on this the...........................day of................, 2 0 .................
SdJ
Counsel for the deponent
Note: Affidavit to be attested by the appropriate authority prescribed under law.