Procedure for surrender in court and get instant bail in section 420 help

A. In the case of Matajog Dobey v. H. C. Bhari . AIR 1956 SC 44 V.43 C. 12 Jan.., during a raid, the police personnels collected the books and tied the bundles thereto, when it was objected by the complainant, he was assaulted. A complaint was filed against the police officers. In the facts of the case, it was observed that the police officers under the belief that they had right to get rid of obstruction then and there by binding down the books of the complainant or removing them from the place, might be mistaken, but surely it could not be said that their act was necessar-ily mala fide and so entirely divorced from or unconnected with the discharge of their duty.B. In the case of Somchand Sanghvi v. Bibhuti Bhusan Chakravarty . AIR 1965 SC 588, the Assistant Commissioner of Police, while entertaining a bail application of an accused under sections 420 and 420/120B of IPC refused the bail unless he settled the matter with the complainant and pay him his amount.

Bail Application

IN THE COURT OF ____________, ADDITIONAL DISTRICT AND SESSION JUDGE, _____________ COURTS, ____________

IN THE MATTER OF:

LMN, ___________, Son of _________________ Years of Age, Working as _____ Residing at __________

........... Petitioner

Versus

State of_________ Through PQR, Son of _________, ____ Years of age, Working as __________ Residing at _______________

...........Respondent

FIR No.: ___________

U/s: ___________

P.S.: ___________

APPLICATION UNDER SECTION 439 OF THE CODE OF CRIMINAL PROCEDURE 1973 FOR GRANT OF BAIL

Most Respectfully Show:

1. That the present application under section 439 of the Code of Criminal Procedure 1973 is being filed by the Petitioner for seeking grant of bail in FIR No. _________ registered at Police Station_______________. The present petition is being moved as the Petitioner has been arrested on _________ (give date) in connection with the said FIR. The petitioner is now in judicial/police custody.

2. That the Petitioner is innocent and is being falsely implicated in the above said case as he has nothing to do with the matter.

3. That the Petitioner is a law abiding citizen of India. The petitioner is gainfully carrying on the business of ________ at ________. (Give details).

4. That the Petitioner is a responsible person and is living at the above mentioned address.

5. (Give all other relevant facts, which have led to the arrest or which show the petitioner's innocence or disassociation with the alleged offence supposed to have been committed)

6. That the Petitioner is innocent and no useful purpose would be served by keeping him under custody and this is a fit case for grant of bail. (It would be pertinent to mention as to the stage of investigation or in case the charge sheet has been filed, whether charges have been imposed, evidence has started, the length of the list of witnesses cited by the prosecution etc. as these would all be mitigating circumstances)

7. That the Petitioner undertakes to abide by the conditions that this Honorable Court may impose at the time of granting bail to the Petitioner and further undertakes to attend the trial on every date of hearing.

8. That the Petitioner has not filed any other similar petition before this or any other Honorable Court for grant of bail in case of the present FIR. (Or give details and results of earlier applications)

PRAYER:

In view of the above stated facts and circumstances it is most respectfully prayed that this Honorable Court may be pleased to

a. Grant bail to the Petitioner in connection with FIR No. ________ registered under section ________, for the offence of ________ (give sections) at Police Station _________ (give place).

b. Pass any other such order as this Honorable Court may deem fit and proper in the interest of justice.

LMN........Petitioner

Through

ABC.........Counsel

Place:

Dated:

B. In the case of Somchand Sanghvi v. Bibhuti Bhusan Chakravarty . AIR 1965 SC 588, the Assistant Commissioner of Police, while entertaining a bail application of an accused under sections 420 and 420/120B of IPC refused the bail unless he settled the matter with the complainant and pay him his amount.C. In the case of Director of Inspection and Audit v. C.L Subramaniam . 1994 Supp 3 SCC 615, in the case of two writ petitions by subordinate officer. His senior officers filed counters with averment against him. A complaint was tiled by the subordinate officer for defamation under section 500 of IPC. It was observed that the act of the senior officers was in the discharge of their official duties.