A Bail Affidavit is a crucial legal document used in the Indian criminal justice system when seeking release of an accused person from custody. This document becomes necessary whenever a person is arrested or detained in connection with a criminal case and seeks to be released on bail. The affidavit must comply with the requirements set forth in the Code of Criminal Procedure, 1973, relevant High Court rules, and established judicial precedents. It contains sworn statements about the accused's personal details, case particulars, grounds for seeking bail, and various undertakings to the court. The document is typically prepared by legal professionals and must be sworn before a notary public or appropriate judicial authority. A properly drafted Bail Affidavit is essential for convincing the court that the accused deserves to be released on bail and will comply with all conditions imposed by the court.
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1. Title and Court Details: Specifies the court where the affidavit is being filed, including case number and jurisdiction
2. Deponent Details: Full name, age, occupation, and complete address of the person making the affidavit
3. Case Information: Details of the FIR number, police station, sections under which accused is charged
4. Relationship Declaration: Deponent's relationship to the accused if the affidavit is being filed by a family member
5. Facts of the Case: Brief description of the incident and circumstances leading to the arrest
6. Grounds for Bail: Legal and factual grounds on which bail is being sought
7. Undertakings: Declarations regarding compliance with bail conditions and court appearances
8. Verification Clause: Statement verifying that the contents of the affidavit are true and correct
1. Medical Condition: Details of any medical conditions of the accused requiring special consideration
2. Previous Bail History: Information about any previous bail applications or bonds
3. Family Dependencies: Details of family members dependent on the accused
4. Employment Status: Information about the accused's employment and income sources
5. Character References: References from community members vouching for the accused's character
6. Travel Restrictions: Specific mentions of travel plans or restrictions if relevant to the case
1. Identity Proof: Copies of government-issued ID proof of the accused and/or deponent
2. Residence Proof: Documents proving the permanent address of the accused
3. Medical Records: Copies of medical reports if medical condition is cited as a ground for bail
4. FIR Copy: Copy of the First Information Report filed in the case
5. Previous Court Orders: Copies of any relevant previous court orders or bail orders
6. Income Proof: Documents proving the financial status if relevant to the bail application
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