Anticipatory Bail Application Format

अग्रिम जमानत अर्ज़ी प्रारूप

Court Filings Updated: 2025-02-28

Overview

An anticipatory bail application is filed before arrest when a person apprehends that they may be arrested for a non-bailable offence. Under Section 482 BNSS 2023, the Sessions Court or High Court can grant anticipatory bail with conditions.
Hindi अग्रिम जमानत अर्ज़ी गिरफ्तारी से पहले दायर की जाती है जब किसी व्यक्ति को आशंका होती है कि उसे गैर-जमानती अपराध में गिरफ्तार किया जा सकता है। BNSS 2023 की धारा 482 के तहत सत्र न्यायालय या उच्च न्यायालय शर्तों के साथ अग्रिम जमानत दे सकता है।

When to Use This Format

  • When you reasonably apprehend arrest in a non-bailable case
  • Before an FIR is registered or after FIR but before arrest
  • When there is a threat of false implication in a criminal case
  • In cases of family disputes, property disputes, or business disagreements leading to criminal complaints
  • When regular bail after arrest would cause undue hardship

Key Components

  1. 1 Court Details

    Sessions Court or High Court having jurisdiction over the area where the FIR is registered.

  2. 2 Applicant Details

    Name, address, and role of the applicant (potential accused).

  3. 3 FIR/Complaint Details

    FIR number, police station, BNS sections applied, and brief facts of the case.

  4. 4 Grounds for Apprehension

    Reasons why the applicant believes arrest is imminent.

  5. 5 Grounds for Bail

    Why the applicant deserves anticipatory bail - clean record, cooperation, no flight risk, etc.

  6. 6 Undertakings

    Willingness to cooperate with investigation, appear before police, and comply with conditions.

Sample Format

Download Word Document
IN THE COURT OF SESSIONS JUDGE / HON'BLE HIGH COURT OF [STATE] AT [CITY] Criminal Miscellaneous Application No. _____ of 2025 In the matter of: [Applicant Name] ... Applicant Versus State of [State Name] ... Respondent FIR No.: _____/2025 Police Station: _____________ Under Sections: _____ of Bharatiya Nyaya Sanhita, 2023 APPLICATION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS, 2023 Most Respectfully Showeth: 1. That the applicant apprehends arrest in connection with the above FIR registered at [Police Station]. 2. That the applicant is a law-abiding citizen with no criminal antecedents and has been falsely implicated in the present case. 3. That the allegations in the FIR are false and motivated by [personal enmity/property dispute/business rivalry]. 4. That the applicant is willing to cooperate with the investigation and join the investigation as and when required. 5. That the applicant has deep roots in society, being a permanent resident of [Place], and there is no likelihood of absconding. 6. That the applicant undertakes to: (a) Make himself available for interrogation as required; (b) Not directly or indirectly make any inducement or threat to witnesses; (c) Not leave India without prior permission of the Court; (d) Furnish surety as directed by the Court. PRAYER It is most respectfully prayed that this Hon'ble Court may grant anticipatory bail to the applicant directing that in the event of arrest, the applicant shall be released on bail. APPLICANT THROUGH COUNSEL [Advocate Name] [Enrollment No.] [Date]

Step-by-Step Guide

1

Assess the Situation

Evaluate whether arrest is genuinely apprehended based on FIR registration, police summons, or threats of arrest.

2

Gather Evidence

Collect documents showing your innocence, clean record, social standing, and any evidence of false implication.

3

Draft the Application

Prepare the application citing Section 482 BNSS 2023, grounds for apprehension, and reasons for granting bail.

4

File in Appropriate Court

File before the Sessions Court first. If rejected, you can approach the High Court under BNSS 2023.

5

Serve Copy to Prosecution

Provide advance copy of the application to the Public Prosecutor for their response.

6

Attend Hearing

Present arguments and be prepared for the court to impose conditions like joining investigation and surrendering passport.

Important Notes

  • Post July 2024: Anticipatory bail is governed by Section 482 BNSS 2023, replacing Section 438 CrPC 1973.
  • Under BNSS 2023, the court must give notice to the Public Prosecutor before granting anticipatory bail.
  • The applicant must cite BNS 2023 section numbers if the FIR is registered under the new law.
  • Anticipatory bail can be granted with conditions such as cooperating with investigation and not leaving the country.
  • If the Sessions Court rejects the application, an appeal can be filed before the High Court.

Frequently Asked Questions

What is the difference between anticipatory bail and regular bail?

Anticipatory bail (Section 482 BNSS) is sought before arrest when a person apprehends being arrested. Regular bail (Section 480 BNSS) is sought after the person has already been arrested and is in custody. Anticipatory bail protects against arrest, while regular bail secures release from custody.

Can anticipatory bail be cancelled?

Yes, the prosecution or complainant can file an application for cancellation of anticipatory bail if the accused misuses the bail, threatens witnesses, tampers with evidence, or if new material facts come to light. The court that granted the bail has the power to cancel it.

Is there a time limit for anticipatory bail?

Under BNSS 2023, the court may grant anticipatory bail for a limited or unlimited duration. The Supreme Court has held that anticipatory bail can be granted without any time limit, but the court may impose conditions and modify or cancel it based on circumstances.

Legal Disclaimer

This format is provided for informational and educational purposes only. It does not constitute legal advice. The format may need to be adapted based on specific circumstances, applicable laws, and jurisdictional requirements. Always consult a qualified advocate or legal professional before filing any legal document. For more details, see our Disclaimer.

Need Help With Your Legal Matter?

Search court cases, track case status, or get in touch with us for assistance.