Application for Cancellation of Bailable Warrant: BNSS Format and Drafting Guide

IN THE COURT OF _______________ JUDGE AT _______________
CRIMINAL COMPLAINT / CASE NO. _________ OF 20__

IN THE MATTER OF:

Mr. ____________________
__________________________
__________________________

Complainant

VERSUS

Mr. ____________________
__________________________
__________________________

Accused / Applicant

Offence / Sections: __________________________

Police Station: ______________________________

Last Date of Hearing: ________________________

Next Date of Hearing: ________________________

Application for cancellation / recall of bailable warrant dated __________ issued against __________________

MOST RESPECTFULLY SHOWETH:

1. That the above-mentioned case is pending before this Hon'ble Court and is presently fixed for __________ for the appearance / further proceedings in the matter.

2. That the matter was earlier listed on __________. On that date, the applicant / accused could not appear before this Hon'ble Court because ________________________________________________.

3. That the non-appearance was neither wilful nor intentional. The applicant was prevented from appearing because of the circumstances stated above, which were beyond the applicant's reasonable control.

4. That, due to the applicant's absence, this Hon'ble Court was pleased to issue a bailable warrant dated __________.

5. That the applicant has otherwise been attending the proceedings and undertakes to remain present on all future dates unless specifically exempted by an order of this Hon'ble Court.

6. That the applicant is ready and willing to comply with any reasonable condition that this Hon'ble Court may impose for securing future appearance.

7. That cancellation / recall of the bailable warrant would serve the interests of justice and permit the matter to proceed on merits without unnecessary coercive process.

PRAYER

In view of the facts and circumstances stated above, it is most respectfully prayed that this Hon'ble Court may be pleased to:

(a) cancel / recall the bailable warrant dated __________ issued against the applicant / accused;

(b) accept the applicant's appearance and permit compliance with such bail bond, surety or other condition as this Hon'ble Court may consider appropriate; and

(c) pass such other or further order as this Hon'ble Court may deem fit and proper in the interests of justice.

APPLICANT / ACCUSED

THROUGH COUNSEL

________________ ADVOCATE

Place: __________
Date: __________

IN THE COURT OF _______________ JUDGE AT _______________
CRIMINAL COMPLAINT / CASE NO. _________ OF 20__

IN THE MATTER OF:

Mr. ____________________

Complainant

VERSUS

Mr. ____________________

Accused / Applicant

AFFIDAVIT

I, ______________________, aged about ____ years, S/o / D/o / W/o ______________________, resident of ________________________________________, do hereby solemnly affirm and state as under:

1. That I am the accused / applicant in the above matter and am fully conversant with the facts and circumstances of the case and competent to swear this affidavit.

2. That the accompanying application for cancellation / recall of bailable warrant has been prepared under my instructions. Its contents have been read over and explained to me and are true and correct to my knowledge and belief.

3. That the documents, if any, filed with the application are true copies of their respective originals.

DEPONENT

VERIFICATION

Verified at __________ on this ____ day of __________, 20__, that the contents of the above affidavit are true and correct to my knowledge and belief and that nothing material has been concealed therefrom.

DEPONENT