Anticipatory Bail Application Format (2023) | Sample Format of anticipatory Bail Application

This Article is all about Anticipatory Bail Application Format (2023) | How to file Anticipatory Bail Application before Session Court | Sample format of anticipatory bail application | Documents required with Anticipatory Bail Application

Anticipatory Bail Application

Under Section 438 Court of Session and High Court for any State or States are empowered to grant Anticipatory Bail in the cases of apprehension of arrest in cases of Non Bailable Offences. This power is only provided to Court of Session and High Court but generally it is Court of Session where we file the Anticipatory Bail application and High Court enjoys the Appellant Jurisdiction in that case. But the power of release accused  on Anticipatory Bail is not provided with lower courts.

Anticipatory Bail Application Format

Here is the Anticipatory Bail Application Format

 

Anticipatory Bail Application under Section 438, Cr.  P.C

 

 

 

BEFORE THE HON’BLE COURT OF…………………..

Anticipatory Bail Application No. …………… of………….

(Under Section 438, Cr.P.C.)

District……………….

Sri. …………………. S/o……………….. R/o …………………… P. S. ………………. District …………….

…Applicant

 

                                                                       Versus

 

State of U.P.

Case/crime No. ………………………

Under Section…………….. I. P.C. Village……………..

Thana…………….. District ……………….

 

To

 

The Hon’ble Judge of the aforesaid Court.

 

The humble applicant most humbly showeth as under:

 

1. That the prosecution story in brief is……………………….

 

2. That the applicant is innocent and has been falsely implicated due to enmity.

 

3. That the applicant is not named in F.I.R.

 

4. That no incriminating article has been recovered from the house of the applicant, the applicant has been implicated on mere suspicion.

 

   Judiciary Study Material and Test Series

 Join us on Telegram 

 

5. That the applicant does not have any past criminal record.

 

6. That the investigating officer intends to arrest the applicant and has prayed for the issue of warrant of arrest and remand the petitioner in jail custody on mere suspicion.

 

7. That the petitioner undertakes not to misuse the bail and he also undertakes to abide by the terms of the bail order.

 

Also Read How to Get Gun License In India

 How to Send Legal Notice In India 

PRAYER

 

It is, therefore, most respectfully prayed that the Hon’ble Court may be pleased to direct the release of the applicant on bail in the event of his arrest by the police……………. or in the relevant of his surrender before the Court in connection with the case above-noted.

 

It is certified that it is the first anticipatory bail application of the applicant.  No other anticipatory bail application has been filed either in this Hon’ble Court or in any other Court.

 

Date…………                                                                        Advocate

 

Anticipatory Bail Application Format (High Court)

 

Application for Bail before High Court under section 439, Cr PC

 

 

In the High Court at MUMBAI (Criminal Miscellaneous Jurisdiction)

In the matter of………………..

 

An application for bail under section 439, CrPC

And In the matter of:

AB                   Petitioner

(in Jail Custody)

versus

The State of Maharashtra

Respondent

To

The Hon’ble Mr.

Chief Justice and his companion Justices of the said Hon’ble Court

The humble petition of AB the petitioner above-named

MOST RESPECTFULLY SHEWETH:

1. The petitioner is a respectable person having his own business. He is

an income-tax payer.

2. Shri CM being the de facto complainant in order to harass and humiliate the petitioner has engineered a false case against the petitioner

because of business rivalry and got him arrested by the police.

3. The evidence collected during investigation so far against the petitioner is very meagre.
4. The petitioner applied for bail before the Sub-divisional Judicial

Magistrate………..on 2nd May 2010 but his bail was refused.

5. That the petitioner then applied for bail before the Sessions Judge,

Alipore in Criminal Misc. Case No……….of………on…………but the

Sessions Judge has also refused bail.

6. The petitioner is in custody over a month and the police duly interrogated him during the police custody and his further detention

in custody is not necessary for the purpose of investigation of the case

7. That the petitioner has his permanent residence at…………, and carries on business and he has no chance of absconding.
8. The petitioner undertakes to abide by the terms and conditions that may be imposed upon him by the Hon’ble High Court and shall attend the Court of the Learned Magistrate as and when required.
9. That the petition is bona fide and made in the interest of justice.

In the circumstances the petitioner humbly prays Your Lordships may be graciously pleased to direct the release of the petitioner on bail or pass such other order as Your Lordships may deem fit and proper.

And your petitioner as in duty bound shall ever pray.

Advocate of AB………….Sd. AB

 

Verification

I, AB, son of MN, by occupation business, resident of……..at preset in Alipore Jail custody do hereby solemnly affirm and say as follows:

1. I am the petitioner above-named and I know the facts and

circumstances of this case.

2. The statements in paragraphs 1 to 9 of the foregoing petition are true to my knowledge and belief.
3. I sign this verification on

Solemnly affirmed by the said AB on…………….at the Court House in

 

Before me Commissioner

 

 

IMPORTANT POINTS 

Bail application be signed by the accused.

Power of Attorney or Vakalatnama be filed along with.

Proper court fees on anticipatory bail application well as on the power of attorney be affixed.

It is should be clearly mentioned whether it is the first application or any other application if filed earlier, the copies of the orders of the earlier application along with the copies of the earlier application be also filed.

Copy of FIR be filed along with the application for bail.

All relevant documents be filed along with the bail application before sessions court.

Affidavit in support be also filed.

Note

If the High Court or Court of Session has not issued an interim order or has rejected the application for anticipatory bail, an officer in charge of a police station may arrest the applicant without a warrant based on the accusation included in the application. When a court provides an interim order, the applicant is required to submit a seven-day notice to the public prosecutor, and the application is only approved or refused after addressing it.