An “Affidavit Bail Application Under Section 439 of the Criminal Procedure Code (CrPC)” is a formal written plea submitted to the court by an accused person seeking bail during the pendency of a criminal case. Section 439 of the CrPC empowers the High Court and the Sessions Court to grant bail to a person accused of an offense, but only under specific circumstances and upon fulfillment of certain conditions.
In this application, the accused, through their legal representative or personally, presents a sworn affidavit detailing reasons justifying the grant of bail. The affidavit typically includes crucial information such as the background of the case, reasons for seeking bail, the nature of the offense, the accused’s personal details, previous criminal record (if any), and the assurance of the accused’s presence for trial proceedings if granted bail.
The affidavit provides a detailed account highlighting why the accused deserves bail, emphasizing aspects like no risk of absconding, the likelihood of being innocent until proven guilty, health conditions, family responsibilities, or any other relevant circumstances that justify their release on bail. The court carefully considers this affidavit alongside other case-related documents and evidence before making a decision regarding bail.
The purpose of this affidavit is to demonstrate to the court that the accused should be granted bail as it does not affect the investigation, and the accused will cooperate with the legal process, ensuring their availability during trial proceedings while respecting the law and legal norms.