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Online Indian legal format for anticipatory bail application drafted by

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ANTICIPATORY BAIL APPLICATION


Online Indian legal format for Anticipatory bail application drafted by
our online Indian legal advisor

IN THE COURT OF DISTRICT AND SESSIONS JUDGE, AT ------

IN THE MATTER OF

STATE

VS

Police Station ---------------------------


FIR NO. -------------------
U/S ------------------------

APPLICATION U/S 438 CRPC FOR GRANT OF ANTICIPATORY BAIL


ON BEHALF OF THE ACCUSED----------------------------------.

MOST RESPECTFULLY SUBMITTED AS UNDER :-


1. That the present FIR has been registered on false and bogus

facts. The facts stated in the complaint are fabricated,

concocted and without any basis.

4. 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 at all.


5. That the facts stated in the complainant against the accused

person are civil disputes and does not constitute any criminal offence

at all.

6. That the applicant is not required in any kind of investigation nor

any kind of custodial interrogation is required.

7. That the applicant is having very good antecedents, he belongs

to good family and there is no criminal case pending against them.

8. That the applicant is a permanent resident and there are no

chances of their absconding from the course of justice.

9. That the applicant undertakes to present himself before the court

as and when directed.

10. That the applicant undertakes to cooperate with the police

during the course of investigation.

11. That the applicant undertakes not to tamper with the evidence or

the witnesses in any manner.

It is therefore prayed that the court may direct the release the

applicant on bail in the event of their 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

COUNSELS
Before the Judicial Magistrate Ist Class at Indore
Criminal Misc. Petition No ....../2009
in
Crime No. 1234 / 2009
(or Criminal Complaint No 1234/2009)
A. B. s/o B. C.
age 30 yrs
resident of 123, A B Road, Indore, MP .........................................
Petitioner/Accused

vs

State of Madhya Pradesh


through Station House Officer,
Police Station, MG Road, Indore .........................................
Respondent/Prosecution
(or M. N. s/o N.O.
resident of 222 AB Road, Indore .........................................
Complainant)

Application for Bail under under S. 437(1) of Cr P C

The aformentioned accused/applicant begs to state as under:-


1. That the accused is facing trial before this Hon'ble Court in case
titled as State of MP vs A.B. for the offence under Sections 323
and 325 of IPC.
2. That this Hon'ble court was pleased to issue a Warrant and the
Police has accordingly arrested the accused/applicant.
3. That the accused was not at all involved in the crime alleged in
the said case.
4. That the accused is a permanent resident of Indore and earning
livelihood by working as a fruit vendor in trains.
5. The accused has his old parents dependent upon him and the
accused is the only bread earner for the family.
6. That by getting the accused/applicant arrested the accused has
been deprived of his valuable fundamental right of liberty by
abuse of powers and process of law by the complainant.
7. That the accused is willing to furnish surety and bail bonds to the
satisfaction of this learned court in case he is ordered to be
released on bail.
8. That the accused will abide by all the conditions as imposed by
this Honourable Court.
It is, therefore, most respectfully prayed that this application for bail
may kindly be allowed in the interest of justice and the accused be
released on bail upon such conditions a this Honorable Court may
deem fit.

Indore
10/11/2009 Through,
Advocate
In the Court of Sessions Judge at Indore

Criminal Petition No. ..../2009


against
Crime No. .... / 2009
U/s. 329 of IPC
Police Station at MG Road, Indore
A. B. s/o B. C.
123, A B Road, Indore, MP .........................................
Applicant

Vs.

State of Madhya Pradesh,


through Public Prosecutor, Indore .........................................
Respondent

Application for Anticipatory Bail under under S. 438 Cr P C

The aforementioned applicant begs to state as under:-


1. That a burglary was allegedly committed in a house at 222 MG Road,
which is adjacent to the the applicant's house on the night of 10/10/2009.
2. The police constable has visited my house for inquiry about the said
burglary.
3. That the owner of house, where burglary has been committed, bears
enmity with applicant and so has been implicating the applicant falsely
in said burglary.
4. That the applicant believes that he may be arrested on a non-bailable
offence by police, issued at the instance of owner of house.
5. That the applicant has not committed any such offence and that he is
totally innocent in this matter.

The applicant, therefore, prays that this Honourable Court be pleased to issue a
direction to S.H.O. Police Station MG Road that if the applicant is arrested he
may be released on bail on conditions that this Honourable Court may impose
on the applicant. And your applicant, as in duty bound, shall ever pray.

Indore Applicant
10/11/2009 Through, Advocate
Application under Section 436 of Cr PC for the grant of Bail

IN THE COURT OF ___

In Re:

Petitioner
Versus

Respondents

FIR No. : ______ Dated ______ Police Station: ______

Offence Under Section: ______

Application under Section 436 of Cr PC for the grant of 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.
The applicant/accused has been arrested by the Police of
Police Station: ________ subsequent to the above complaint.

2. That it is submitted that the allegations made against the


applicant/accused are false, frivolous and vexatious and lack in
the material substance. The applicant belongs to a very
reputed family in his locality. The allegations are that ________

3. That the applicant/accused is a permanent resident of


________ and earning livelihood by ________. The applicant has his
old parents dependent upon him and the applicant is the only
bread earner for the family.

4. That the applicant/accused is innocent and has been


involved falsely due to the personal grudge to settle the score
against the applicant/accused________ OR due to enmity and
family feud. It is submitted that the complainant is an
influential and high-handed person. ________
5. That by getting the applicant/accused arrested the applicant
has been deprived of his valuable fundamental right of liberty
by abuse of powers and process of law by the complainant.
________

6. 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 bail. The applicant is also willing to join the
investigations and bind himself by the terms and conditions
laid down by the law or by this Hon'ble court. It is further
submitted that the applicant is not at all required for the
investigations. However, if the applicant is required for
investigation, the applicant/accused undertakes to be present
as and when required in accordance with the law.

7. 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 whenever required to do so.

It is, therefore, most respectfully prayed that:-

(a) That the applicant may be ordered to be released on bail


and this application for bail may kindly be allowed;
(b) That till the decision of this application interim bail may be
granted to the applicant; _____
(c) That the directions may be issued to the police to get the
applicant/accused medically examined at the immediately;
_____
(d) 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

Note:-

1. This application is filed through the _____ father and next


friend of the applicant/accused, Sh. ______ . It is, therefore,
prayed that the application of the applicant/accused may
kindly be allowed and the applicant/accused may kindly be
released on interim bail in the interest of Justice.
2. That the applicant/accused is under police custody.
Therefore, the requirement of affidavit and signature may
kindly be dispensed with.

Coimbatore Applicant

_______ Through, Advocate


IN THE COURT OF ___

Applicant
Versus

Respondent

Affidavit in support of the application under Section 436 of


CrPC

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

1. That the accompanying application under section 436 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
Bail Application

IN THE COURT OF ____________, ADDITIONAL DISTRICT AND


SESSION JUDGE, _____________ COURTS, ____________

IN THE MATTER OF:

LMN, ___________, Son of _________________ Years of Age, Working as


_____ Residing at __________

........... Petitioner

Versus

State of_________ Through PQR, Son of _________, ____ Years of age,


Working as __________ Residing at _______________
...........Respondent

FIR No.: ___________

U/s: ___________

P.S.: ___________

APPLICATION UNDER SECTION 439 OF THE CODE OF CRIMINAL


PROCEDURE 1973 FOR GRANT OF BAIL

Most Respectfully Show:

1. That the present application under section 439 of the Code of


Criminal Procedure 1973 is being filed by the Petitioner for
seeking grant of bail in FIR No. _________ registered at Police
Station_______________. The present petition is being moved as
the Petitioner has been arrested on _________ (give date) in
connection with the said FIR. The petitioner is now in
judicial/police custody.

2. That the Petitioner is innocent and is being falsely implicated in


the above said case as he has nothing to do with the matter.

3. That the Petitioner is a law abiding citizen of India. The


petitioner is gainfully carrying on the business of ________ at
________. (Give details).

4. That the Petitioner is a responsible person and is living at the


above mentioned address.
5. (Give all other relevant facts, which have led to the arrest or
which show the petitioner's innocence or disassociation with the
alleged offence supposed to have been committed)

6. That the Petitioner is innocent and no useful purpose would be


served by keeping him under custody and this is a fit case for
grant of bail. (It would be pertinent to mention as to the stage of
investigation or in case the charge sheet has been filed, whether
charges have been imposed, evidence has started, the length of
the list of witnesses cited by the prosecution etc. as these would
all be mitigating circumstances)

7. That the Petitioner undertakes to abide by the conditions that


this Honorable Court may impose at the time of granting bail to
the Petitioner and further undertakes to attend the trial on every
date of hearing.

8. That the Petitioner has not filed any other similar petition
before this or any other Honorable Court for grant of bail in case
of the present FIR. (Or give details and results of earlier
applications)

PRAYER:

In view of the above stated facts and circumstances it is most


respectfully prayed that this Honorable Court may be pleased to

a. Grant bail to the Petitioner in connection with FIR No. ________


registered under section ________, for the offence of ________
(give sections) at Police Station _________ (give place).

b. Pass any other such order as this Honorable Court may deem fit
and proper in the interest of justice.

LMN........Petitioner

Through

ABC.........Counsel

Place:

Dated:

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