Anticipatory Bail Format

BEFORE THE COURT OF DISTRICT AND SESSIONS JUDGE, AT (give the name of the district court where the bail application is being filed)
IN THE MATTER OF
STATE
VS
(Mention the name of the applicant)
FIR Number: (Mention the FIR number)
Under Section: (Mention the sections under which the FIR has been filed)
Police Station: (Mention the name of the Police Station)
APPLICATION U/S 438 CRPC FOR GRANT OF ANTICIPATORY BAIL ON BEHALF OF THE ACCUSED ( name of the applicant along with his father’s name )

( Also give in brief the important facts and the strong point of defense to be taken against police)

4. That the applicant is not required in any kind of investigation nor any kind of custodial interrogation is required.
5. That the applicant is having very good antecedents, he belongs to a good family and there is no criminal case pending against them.
6. That the applicant is a permanent resident and there are no chances of his absconding from the course of justice.
7. That the applicant undertakes to present himself before the police/court as and when directed.
8. That the applicant undertakes that he will not, directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.
9. That the applicant further undertakes not to tamper with the evidence or the witnesses in any manner.
10. That the applicant shall not leave India without the previous permission of the Court.
11. That the applicant is ready and willing to accept any other conditions as may be imposed by the Court or the police in connection with the case.
It is therefore prayed that the court may direct the release of the applicant on bail in the event of his arrest by the police.
Any other order which the court may deem fit and proper in the facts and circumstances of the case may be also passed in favor of the applicant.
APPLICANT
THROUGH
COUNSEL

IMPORTANT TIPS FOR FILING OF ANTICIPATORY BAIL APPLICATION BEFORE THE SESSIONS COURT:

The bail application is signed by the accused.
Power of Attorney or Vakalatnama is filed along with.
Proper court fees on anticipatory bail applications well as on the power of attorney are 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 is filed along with the application for bail.
All relevant documents are filed along with the bail application before the sessions court.
Affidavit in support is also filed.

ANTICIPATORY BAIL FORMAT TO BE FILED BEFORE THE HIGH COURT IN THE EVENT OF THE APPLICATION FOR ANTICIPATORY BAIL BEING DISMISSED BY THE SESSIONS COURT

BEFORE THE HIGH COURT AT (give the name of the High Court where the anticipatory bail application format India is being filed)
IN THE MATTER OF
STATE
VS
(Mention the name of the accused)
FIR Number: (Mention the FIR number)
Under Section: (Mention the sections under which the FIR has been filed)
Police Station: (Mention the name of the Police Station)
APPLICATION U/S 438 CRPC FOR GRANT OF ANTICIPATORY BAIL ON BEHALF OF THE ACCUSED ( name of the applicant of the bail)

MOST RESPECTFULLY SUBMITTED AS UNDER :
1. That the present FIR has been registered on false and bogus facts. The facts stated in the FIR are fabricated, concocted, and without any basis.
2. That the police have falsely implicated the applicant in the present case, the applicant is a respectable citizen of the society and is not involved in any criminal case.
3. That the facts stated in the complainant against the applicant are civil disputes and do not constitute any criminal offense at all.
4. That the applicant is not required in any kind of investigation nor any kind of custodial interrogation is required.
5. That the applicant is having very good antecedents, he belongs to a good family and there is no criminal case pending against them.
6. That the applicant is a permanent resident and there are no chances of his absconding from the course of justice.
7. That the applicant undertakes to present himself before the police/court as and when directed.
8. That the applicant undertakes that he will not, directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.
9. That the applicant further undertakes not to tamper with the evidence or the witnesses in any manner.
10. That the applicant shall not leave India without the previous permission of the Court.
11. That the applicant is ready and willing to accept any other conditions as may be imposed by the Court or the police in connection with the case.
12. That the Court below has failed to consider all the facts and circumstances of the case and has wrongly dismissed the anticipatory bail application.
13. That any other anticipatory bail application has not been filed by the applicant against the same FIR before any other court except for the present bail application.
14. That all the documents filed before the court below are being filed along with the present application for anticipatory bail.
It is therefore prayed that the court may direct the release of the applicant on bail in the event of his arrest by the police.
Any other order which the court may deem fit and proper in the facts and circumstances of the case may be also passed in favor of the applicant.
APPLICANT
THROUGH
COUNSEL

IMPORTANT TIPS FOR FILING OF ANTICIPATORY BAIL BEFORE HIGH COURT:

The bail application is signed by the accused.
Affidavit in support is also filed along with.
Power of Attorney or Vakalatnama is filed along with.
Proper court fees on anticipatory bail application as well as on the power of attorney are affixed.
Copy of FIR is filed along with a true type and translated copy of the FIR if the same is in vernacular.
All relevant documents are filed along with the anticipatory bail application before the sessions court.
The anticipatory application must mention about non-filing of any other bail application before any other court.
Copy of the bail order of the sessions court is filed along with the anticipatory bail format India before the High Court.
Copy of the relevant documents and the documents filed before the Sessions court be filed.
If the charge sheet has been filed then the copies of the same need to be attached.

Disclaimer: These guides/articles are not legal advice, nor a substitute for a lawyer
These articles are provided freely as general guides. While we do our best to make sure these guides are helpful, we do not give any guarantee that they are accurate or appropriate to your situation, or take any responsibility for any loss their use might cause you. Do not rely on information provided here without seeking experienced legal advice first. If in doubt, please always consult a lawyer.