ANTICIPATORY BAIL AFFIDAVIT FORMAT IN DETAIL

Under Section 438 of the Criminal Procedure Code there is a provision for a person to
seek ‘Anticipatory Bail’. This means that an individual can seek or request to get bail in
anticipation or in expectation of being named or accused of having committed a non-
bailable offence.

Anticipatory bail is meant to be a safeguard for a person who has false accusation or
charges made against him/her, most commonly due to professional or personal enmity,
as it ensures the release of the falsely accused person even before he/she is arrested.

How to apply for anticipatory bail

Contact lawyers in India to apply for pre-arrest notice/notice bail, and anticipatory bail.

Get the lawyer to draft an anticipatory bail mentioning your version of the fact.

Apply at the appropriate Sessions Court.

When the matter comes up for hearing, it is advisable that your lawyer is accompanied
by a trusted person.

IMPORTANT POINT ON FILING OF ANTICIPATORY BAIL APPLICATION BEFORE

THE SESSIONS COURT:

.The anticipatory bail application should be singed by the applicant/accused.

.The applicant is also required to swear an affidavit in support of the anticipatory bail
application.

.Power of Attorney in favour of the counsel is required to be executed and attached

along with the anticipatory bail application.

.Copy of the FIR which is readable is required to be filed along with the anticipatory bail
application.

.Copies of all the relevant documents are required to be attached along with the
anticipatory bail application.
ANTICIPATORY BAIL APPLICATION FORMAT INDIA

BEFORE THE COURT OF DISTRICT AND SESSIONS JUDGE, AT (give the name of
the district 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 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 has falsely implicated the applicant in the present case, the applicant
is a respectable citizen of the society and is not involved any criminal case.

3. That the facts stated in the complainant against the applicant are civil disputes and
does not constitute any criminal offence 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 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. PRAYER

It is therefore prayed that the court may direct the release 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

ANTICIPATORY BAIL APPLICATION BEFORE HIGH COURT:

IMPORTANT TIPS ON FILING OF ANTICIPATORY BAIL APPLICATION BEFORE HIGH

COURT:
The anticipatory bail application should be signed by the applicant/accused. The
applicant is also required to swear an affidavit in support of the anticipatory bail
application.

Power of Attorney in favour of the counsel is required to be executed and attached

alongwith the anticipatory bail application.

Copy of the FIR with its true translation if it is in vernacular is required to be filed
alongwith the anticipatory bail application.

Copies of all the relevant documents are required to be attached alongwith the
anticipatory bail application.

Certified copies of the orders passed by the Sessions Court rejecting the anticipatory
bail application is to be filed along with the anticipatory bail application.

SUGGESTED FORMAT OF THE ANTICIPATORY BAIL APPLICATION 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 has falsely implicated the applicant in the present case, the applicant
is a respectable citizen of the society and is not involved any criminal case.

3. That the facts stated in the complainant against the applicant are civil disputes and
does not constitute any criminal offence 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 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

UNKNOWN FACTS ABOUT ANTICIPATORY BAIL IN INDIA

The Right to various types of Freedom has been stated under Articles 19 to 22 of the
Constitution of India, 1949. Article 19 gives the right to freedom of speech and
expression, assembly, to travel and to stay in any part of India or practice any
profession. These are not the absolute rights, but must be subjected to certain
restrictions. Article 20 offers protection with respect to certain offences and acts. For
example, a protection in case of ex post facto laws, and prevents double jeopardy. It will
be expressed in the Latin Maxim: Nemo Debet Bis Puniri Pro Uno Delicto. It has the
meaning that no man will be punished twice for one crime.This Legal Blog describes
about it.

Anticipatory Bail gives freedom to the person, and it is a great protection to people who
are falsely associated in non-bailable offences to fulfill the personal vengeance of their
rivals. There contain certain conditions related to this freedom, that will times the
applicant, when he fails to comply. This results in the cancellation of the Anticipatory Bail
that leads to his arrest. The Code of Criminal Procedure, 1973, under Sec. 438 gives
the provisions in applying for Anticipatory Bail.

Section 438 in The Code Of Criminal Procedure, 1973

438. Direction for grant of bail to person apprehending arrest.

(1) When any person has reason to believe that he may be arrested on an accusation of
having committed a non- bailable offence, he may apply to the High Court or the Court
of Session for a direction under this section; and that Court may, if it thinks fit, direct that
in the event of such arrest, he shall be released on bail.

(2) When the High Court or the Court of Session makes a direction under sub- section
(1), it may include such conditions in such directions in the light of the facts of the
particular case, as it may think fit, including-

(i) a condition that the person shall make himself available for interrogation by a police
officer as and when required;
(ii) a condition that the person shall 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;

(iii) a condition that the person shall not leave India without the previous permission of
the Court;

(iv) such other condition as may be imposed under sub- section (3) of section 437, as if
the bail were granted under that section.

(3) If such person is thereafter arrested without warrant by an officer in charge of a

police station on such accusation, and is prepared either at the time of arrest or at any
time while in the custody of such officer to give bail, be shall be released on bail; and if
a Magistrate taking cogniz-

Article 19 in The Constitution Of India 1949

19. Protection of certain rights regarding freedom of speech etc

(1) All citizens shall have the right

(a) to freedom of speech and expression;

(b) to assemble peaceably and without arms;

(c) to form associations or unions;

(d) to move freely throughout the territory of India;

(e) to reside and settle in any part of the territory of India; and

(f) omitted
(g) to practise any profession, or to carry on any occupation, trade or business

(2) Nothing in sub clause (a) of clause ( 1 ) shall affect the operation of any existing law,
or prevent the State from making any law, in so far as such law imposes reasonable
restrictions on the exercise of the right conferred by the said sub clause in the interests
of the sovereignty and integrity of India, the security of the State, friendly relations with
foreign States, public order, decency or morality or in relation to contempt of court,
defamation or incitement to an offence

(3) Nothing in sub clause (b) of the said clause shall affect the operation of any existing
law in so far as it imposes, or prevent the State from making any law imposing, in the
interests of the sovereignty and integrity of India or public order, reasonable restrictions
on the exercise of the right conferred by the said sub clause

(4) Nothing in sub clause (c) of the said clause shall affect the operation of any existing
law in so far as it imposes, or prevent the State from making any law imposing, in the
interests of the sovereignty and integrity of India or public order or morality, reasonable
restrictions on the exercise of the right conferred by the said sub clause

(5) Nothing in sub clauses (d) and (e) of the said clause shall affect the operation of any
existing law in so far as it imposes, or prevent the State from making any law imposing,
reasonable restrictions on the exercise of any of the rights conferred by the said sub
clauses either in the interests of the general public or for the protection of the interests
of any Scheduled Tribe

(6) Nothing in sub clause (g) of the said clause shall affect the operation of any existing
law in so far as it imposes, or prevent the State from making any law imposing, in the
interests of the general public, reasonable restrictions on the exercise of the right
conferred by the said sub clause, and, in particular, nothing in the said sub clause shall
affect the operation of any existing law in so far as it relates to, or prevent the State from
making any law relating to,

(i) the professional or technical qualifications necessary for practising any profession or
carrying on any occupation, trade or business, or

(ii) the carrying on by the State, or by a corporation owned or controlled by the State, of
any trade, business, industry or service, whether to the exclusion, complete or partial, of
citizens or otherwise
Article 20 in The Constitution Of India 1949

20. Protection in respect of conviction for offences

(1) No person shall be convicted of any offence except for violation of the law in force at
the time of the commission of the act charged as an offence, nor be subjected to a
penalty greater than that which might have been inflic
ted under the law in force at the time of the commission of the offence

(2) No person shall be prosecuted and punished for the same offence more than once

(3) No person accused of any offence shall be compelled to be a witness against

himself

Article 21 in The Constitution Of India 1949

21. Protection of life and personal liberty No person shall be deprived of his life or
personal liberty except according to procedure established by law.

Bail bonds are written promise signed by the defendant to ensure that a criminal
defendant will appear in court at the scheduled time and date, as ordered by the court.
The amount of bail is set by the court.
Bail which is once granted can be canceled only when there is a forceful and
overwhelming circumstance. Bail is canceled when the Trial Court while granting bail
acts on irrelevant materials. It can also be canceled even in cases when the order
granting bails have a miscarriage of justice. When the Court granting bail ignores
relevant materials indicating the involvement of the accused, the High Court will cancel
the bail. Such orders are legally and vulnerable that leads to the miscarriage of justice
and have the absence of circumstances such as the susceptibility of the accused to
displeasure with the evidence, to get free from the justice that will not deter the Court
from canceling the bail.
There are many things you have to notice while processing an application for bail, but
here we present the most important 8 factors that everyone should want to keep in mind
while considering an application for getting the bail:
1. Analyse whether there is any justifiable ground that proves that the accused had
done the offense.
2. Examine the nature and significance of the accusation.
3. The hardness of the punishment which decides in the process of conviction.
4. How danger is the accused if released on bail.
5. The character, behavior, standing, and position of the accused.
6. The possibility of the offense being repeated.
7. The valid apprehension of the witnesses who are being influenced by this offense.

Best Legal App for Lawyers!!!!

# Case Laws on Bail

In Prasanta Kumar Sarkar v. Ashis Chatterjee, (2010) 14 SCC 496 while dealing with
the court’s role to interfere with the power of the High Court to grant bail to the accused,
the Court observed that it is to be seen that the High Court has exercised this discretion
judiciously, cautiously and strictly in compliance with the basic principles laid down in
catena of judgments on that point.

In Ram Govind Upadhyay v. Sudarshan Singh, (2002) 3 SCC 598 it has been clearly
laid down that the grant of bail though involves exercise of discretionary power of the
Court, such exercise of discretion has to be made in a judicious manner and not as a
matter of course. The heinous nature of crimes warrants more caution as there is a
greater chance of rejection of bail though, however, dependent on the factual matrix of
the matter.

In the said case, reference was made to Prahlad Singh Bhati v. NCT of Delhi, (2001)
4 SCC 280 and thereafter the court proceeded to state the following principles:-
“(a) While granting bail the court has to keep in mind not only the nature of the
accusations, but the severity of the punishment, if the accusation entails a conviction
and the nature of evidence in support of the accusations.
(b) Reasonable apprehensions of the witnesses being tampered with or the
apprehension of there being a threat for the complainant should also weigh with the
court in the matter of grant of bail.
(c) While it is not expected to have the entire evidence establishing the guilt of the
accused beyond a reasonable doubt but there ought always to be a prima facie
satisfaction of the court in support of the charge.
(d) Frivolity in prosecution should always be considered and it is only the element of
genuineness that shall have to be considered in the matter of grant of bail, and in the
event of there being some doubt as to the genuineness of the prosecution, in the normal
course of events, the accused is entitled to an order of bail.”
od is Great

Application under Section 438 CrPC for the grant of Bail.1

IN THE COURT OF SESSIONS JUDGE, COIMBATORE

IN CASE:
Petitioner
Versus

Respondents
Application under Section 438 CrPC for the grant of Anticipatory Bail

Respectfully Sheweth:

1. That the applicant has been involved in a false and frivolous case by one Sh. ________
by lodging a complaint with the SHOPS ________ on ________ for offence under sections
________ of the IPC.

2. That the applicant apprehends arrest by the police in the above said non bailable case.

3. That the applicant is innocent and has been involved due to the enemity and family feud.

4. That the applicant is willing to furnish surety and bail bonds to the satisfaction of this
learned court in case he is ordered to be released on anticipatory bail.

5. That neither any recovery is to be effected from the applicant nor the applicant is in a
position to temper with the prosecution evidence. The applicant will associate with the
investigation when ever required to do so.

It is, therefore, prayed that the applicant may be ordered to be released on bail and this
application for anticipatory bail may kindly be allowed. It is further prayed that till the
decision of this application interim bail may be granted to the applicant. Such other orders
be also passed in favour of the applicant as deemed fit and proper in the facts and
circumstances of the case and in the interest of justice.

Coimbatore. Applicant

______ Through, Advocate

IN THE COURT OF SESSIONS JUDGE COIMBATORE

IN CASE:

Applicant
Versus

Respondent
Affidavit in support of the application under Section 438 of CrPC

I, ______, do hereby solemnly affirms and declare as under:-

1. That the accompanying application under section 438 CrPC has been drafted at my
instance and under my instructions.

2. That the contents of paras 1 to ________ are true and correct to the best of my
knowledge.

3. That I further solemnly affirm and declare that this affidavit of mine is correct and true,
no part of it is false and nothing material has been concealed therein.
Affirmed here at Coimbatore on ______.

Deponent
IN THE HON'BLE HIGH COURT OF MADRAS.

IN THE MATTER OF:

Case No: Cr. M. .P [ M] No: ______ of 2004

Cr. M. P. M.: of 1998 in

Cr. No:______ of 2004

Appellant./Non-applicant.
VERSUS

APPLICANT/RESPONDENT.

Criminal Misc. Petition U/S 482 of Cr. P.C. with the prayer to extend the time for filing
power of attorney and furnishing personal as well as surety bail bonds in the above noted
case.

MAY IT PLEASE YOUR LORDSHIPS:

1. That the above mentioned Criminal Appeal titled as STATE Vs JESPER NELLISON is
pending before this HON'BLE COURT for adjudication.

2. That the above mentioned case came before this HON'BLE COURT on 21-12-1998,
wherein the time was sought for filing of Power Of Attorney and for Furnishing Of Bail
Bonds, which were to be filed within a period of one week.

3. That the delay in filing of Power Of Attorney and Furnishing of Bail Bonds is due to the
reason that I could not contact my client despite my best efforts. So the Bail Bonds could
not be furnished within the stipulated time.

4. That the delay in filing of Power Of Attorney and Furnishing of Bail Bond is neither willful
nor intentional but for the reasons mentioned as above.

Therefore keeping in view the facts and circumstances as mentioned above it is therefore
respectfully prayed that further time of four [4] weeks be granted for the Filing Of Power Of
Attorney and furnishing of Bail Bond in the interest of justice.

Place:

Applicant

Through

Counsel.

( ______)

Advocate.
IN THE HON'BLE HIGH COURT OF MADRAS

IN THE MATTER OF:

APPLICANT
VERSUS
APPLICANT/RESPONDENT

Affidavit in support of application U/S 482 CR. P. C.

I, ____________, resident of ______, aged about ______ years, occupation Advocate do

hereby verify and solemnly states on oath as under :-

1.That the contents of paras 1 to 5 of the application are true and correct to the best of my
personal knowledge.

2. That I further solemnly affirm and declare that this affidavit of mine is true, no part of it
is false and nothing material has been concealed therefrom.

Affirmed at COIMBATORE on this the ______.

Deponent.
IN THE HON'BLE HIGH COURT OF MADRAS

IN THE MATTER OF:

Cr. Misc. No ______of 1999

IN Cr. AppealNo 611 of 1996.

Appellant/Non -applicant.
VERSUS

APPLICANT /RESPONDENT.

Criminal misc. petition U/S 482 of Cr.P.C. with the prayer to extend the time for furnishing
personal as well as surety bail bonds in the above noted case.

MAY IT PLEASE YOUR LORDSHIPS ;

1. That the above mentioned Criminal Appeal titled as STATE Vs JESPER NELLISON is
pending before this HON'BLE COURT for adjudication.

2. That the above mentioned case came before this HON'BLE COURT on ______, wherein
the time was sought for furnishing of bail bonds, which were to be filed within a period of
four (4) weeks.

3. That the delay in furnishing of bail bonds is due to the reason that respondent has met
with a serious accident in ______, as a result of which his vision has been impaired. He is
under going treatment for the same.

4. That the respondent has been trying all the time to furnish personal as well as surety bail
bonds before the Deputy Registrar ____________, but being a foreigner does not have any
acquaintance in Coimbatore who could furnish surety bail bonds.

It is therefore most humbly prayed that respondent be allowed to furnish bail bonds before
Chief Judicial Magistrate, ______ or Additional Session Judge, ______, Distt. ______
5.That the delay in furnishing of bail bonds is neither willful nor intentional but for the
reasons mentioned as above.

Therefore keeping in view the facts and circumstances as mentioned above it is therefore
respectfully prayed that further time of four (4) weeks be granted for the furnishing of bail
bonds before the Chief Judicial Magistrate, ------------ or Additional Session Judge, ______.
Distt. ______, in the interest of justice.

Place

Applicant

Through

Counsel.

(_________)

Advocate

IMPORTANT THINGS NEEDED FOR

ARGUING BAIL APPLICATION
There are lots of things you have to consider while processing an application for bail, but here we present the most
important 8 factors that everyone should want to keep in mind while considering an application for getting the bail:

1. Check whether there is any justifiable ground which proves that the accused had committed the offense.
2. Analyse the nature and gravity of the accusation.
3. Hardness of the punishment which decides in the process of conviction.
4. How danger is the accused if released on bail.
5. The character, behaviour, standing and position of the accused.
6. Possibility of the offense being repeated.
7. Valid apprehension of the witnesses who is being influenced in this offense.
8. Danger, of course, of justice being thwarted by grant of bail.

# Case Laws on Bail

In Prasanta Kumar Sarkar v. Ashis Chatterjee, (2010) 14 SCC 496 while dealing with the
court’s role to interfere with the power of the High Court to grant bail to the accused, the Court
observed that it is to be seen that the High Court has exercised this discretion judiciously,
cautiously and strictly in compliance with the basic principles laid down in catena of judgments
on that point.

In Ram Govind Upadhyay v. Sudarshan Singh, (2002) 3 SCC 598 it has been clearly laid
down that the grant of bail though involves exercise of discretionary power of the Court, such
exercise of discretion has to be made in a judicious manner and not as a matter of course. The
heinous nature of crimes warrants more caution as there is a greater chance of rejection of bail
though, however, dependent on the factual matrix of the matter.
In the said case, reference was made to Prahlad Singh Bhati v. NCT of Delhi, (2001) 4 SCC
280 and thereafter the court proceeded to state the following principles:-

“(a) While granting bail the court has to keep in mind not only the nature of the accusations, but
the severity of the punishment, if the accusation entails a conviction and the nature of evidence
in support of the accusations.

(b) Reasonable apprehensions of the witnesses being tampered with or the apprehension of there
being a threat for the complainant should also weigh with the court in the matter of grant of bail.

(c) While it is not expected to have the entire evidence establishing the guilt of the accused
beyond reasonable doubt but there ought always to be a prima facie satisfaction of the court in
support of the charge.

(d) Frivolity in prosecution should always be considered and it is only the element of
genuineness that shall have to be considered in the matter of grant of bail, and in the event of
there being some doubt as to the genuineness of the prosecution, in the normal course of events,
the accused is entitled to an order of bail.”
Skills required to become a successful lawyer

It is a well settled principle of law that while dealing with an application for grant of bail, it is the
duty of the Court to take into consideration certain factors and they basically are,
(i) the nature of accusation and the severity of punishment in cases of conviction and the nature
of supporting evidence,
(ii) reasonable apprehension of tampering with the witnesses for apprehension of threat to the
complainant, and
(iii) Prima facie satisfaction of the court in support of the charge.

See Also : Chaman Lal v. State of U.P., (2004) 7 SCC 525

[The above referred cases are extracted from a recent decision of the Supreme Court of India in
Neeru Yadav Vs. State of U.P. dated September 29, 2015 in which the Apex Court set aside the
bail order after it is cleared that the High Court has totally ignored the criminal antecedents of
the accused.]