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APP FOR CASH BAIL

Any person who is arrested must be produced before the nearest Judicial Magistrates court within 24 hours of his arrest (Section 57 of CrPC, 1973). When the arrested person is produced before the Judicial Magistrates, the arrested person or his relative / friend may present a simple Bail Application, before concerned Magistrates Court and inform the Magistrate, among other things, that the said arrest is patently illegal, for being effected without following the due process of law and in wilful disregard / defiance of guidelines framed by SC in the case of Joginder Kumar versus State of U.P., 1994, and may pray for immediate release, on Bail on furnishing of Surety or execution of Personal Release Bond; and where court insists for surety, then, some reasonable time may be sought for furnishing of surety and release may be sought on depositing of reasonable amount of cash in lieu of furnishing surety thereof.

Where the Court grants the Bail, but insists for surety, then, some reasonable time may be sought for furnishing of surety and release may be sought on depositing of reasonable amount of cash in lieu of furnishing surety thereof.


BEFORE THE METROPOLITAN MAGISTRATES / MAGISTRATES COURT AT ______

BAIL APPLICATION NO.           OF 20___

IN
R.A.. No. _______of 20____
(C.R. No.________ of 20___)


ABC                                                                Applicant /Accused No.1

Versus

The State of ________                                Respondents
(through XYZ Police station)

Charges u/s …………………….


MISC. APPLICATION FOR CASH BAIL


MAY IT PLEASE YOUR HONOUR


The Applicant humbly state and submit as follows:

1.      That the Hon’ble Court was pleased to admit the Accused on Bail, vide their Order dated ________, and directed to furnish the Bail of Rs.______ with two sureties of Rs._______ each.

2.      That the Accused is unable to secure the Surety immediately and will take some time to arrange for the same.

3.      In the circumstances, and in the interest of justice, it is most respectfully prayed

(a)  That Accused be released on Cash Bail, so as to enable the Accused to arrange the Surety in about two weeks time from today;
(b)  To pass such other and further Order and to grant such further reliefs as this Hon’ble Court deems fit and proper in the facts and circumstances of the case.


Dated this _____ Day of ____Month, 20____

FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY FOR

XYZ
Applicant / Advocate for the

Applicant


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