Bail Application Format

जमानत अर्ज़ी प्रारूप

Court Filings Updated: 2025-02-28

Overview

A bail application is a formal petition filed before a court seeking the release of an accused person from custody. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, bail provisions are outlined in Sections 478-484.
Hindi जमानत अर्ज़ी अदालत के समक्ष दायर एक औपचारिक याचिका है जिसमें आरोपी व्यक्ति को हिरासत से रिहा करने की मांग की जाती है। भारतीय नागरिक सुरक्षा संहिता (BNSS) 2023 के तहत जमानत के प्रावधान धारा 478-484 में दिए गए हैं।

When to Use This Format

  • When an accused is arrested and seeks release from custody
  • For regular bail after arrest under BNSS Section 480
  • When default bail is applicable due to incomplete investigation (BNSS Section 479)
  • For interim bail pending hearing of regular bail application
  • When bail conditions need modification

Key Components

  1. 1 Court Details

    Name and jurisdiction of the court where the application is filed.

  2. 2 Case Reference

    FIR number, police station, sections of BNS applied, and case number if chargesheet is filed.

  3. 3 Applicant Details

    Name, age, address, and relationship to the case of the person seeking bail.

  4. 4 Grounds for Bail

    Detailed grounds including nature of accusation, severity of punishment, likelihood of fleeing, and health conditions.

  5. 5 Undertakings

    Willingness to comply with bail conditions such as surety, passport surrender, regular appearance.

  6. 6 Prayer

    Specific request to the court to grant bail with or without conditions.

Sample Format

Download Word Document
IN THE COURT OF [SESSIONS JUDGE / ADDITIONAL SESSIONS JUDGE] AT [CITY] BAIL APPLICATION NO. _____ OF 2025 In the matter of: [Name of Applicant/Accused] ... Applicant Versus State of [State Name] ... Respondent FIR No.: _____/2025 Police Station: _____ Under Sections: _____ of Bharatiya Nyaya Sanhita, 2023 APPLICATION FOR REGULAR BAIL UNDER SECTION 480 OF BNSS, 2023 Most Respectfully Showeth: 1. That the applicant has been falsely implicated in the above-mentioned FIR and has been in judicial custody since _______. 2. That the applicant is a permanent resident of [Address] and has deep roots in society. 3. That the investigation is complete and the chargesheet has been filed. The applicant is no longer required for investigation. 4. That the alleged offence is bailable/the maximum punishment does not exceed 7 years. 5. That the applicant is willing to furnish surety and abide by any conditions imposed by this Hon'ble Court. PRAYER It is most respectfully prayed that this Hon'ble Court may graciously be pleased to: (a) Grant regular bail to the applicant in the above case; (b) Pass any other order as deemed fit in the interest of justice. APPLICANT THROUGH COUNSEL [Advocate Name] [Enrollment No.] [Date]

Step-by-Step Guide

1

Assess Bail Eligibility

Determine the type of bail applicable based on the offence severity under BNS 2023 and custody duration under BNSS 2023.

2

Gather Case Details

Obtain FIR copy, arrest memo, remand orders, and any chargesheet filed. Note the BNS sections applied.

3

Draft the Application

Prepare the bail application citing relevant BNSS provisions (Section 478-484), grounds for bail, and personal circumstances.

4

File Before Appropriate Court

File before the Magistrate (for offences up to 3 years) or Sessions Court (for offences above 3 years).

5

Serve Copy to Prosecution

Provide advance copy of the bail application to the Public Prosecutor as required under BNSS.

6

Attend Hearing

Present arguments on the bail hearing date. Be prepared with grounds and case law supporting the bail application.

Important Notes

  • Post July 2024: Bail provisions are now governed by BNSS 2023 (Sections 478-484), replacing CrPC 1973 (Sections 436-439).
  • Section 479 BNSS provides for default bail if investigation is not completed within the prescribed period (60/90 days).
  • Section 480 BNSS deals with bail in non-bailable offences, replacing Section 437 CrPC.
  • For offences under BNS 2023, always cite the new section numbers. Example: Section 103 BNS (Murder) replaces Section 302 IPC.
  • First-time offenders facing up to 7 years imprisonment have enhanced bail rights under BNSS 2023.

Frequently Asked Questions

What is the difference between regular bail and anticipatory bail?

Regular bail (Section 480 BNSS) is sought after arrest, while anticipatory bail (Section 482 BNSS) is sought in apprehension of arrest before it happens. Regular bail is filed before the Magistrate or Sessions Court, while anticipatory bail is typically filed before the Sessions Court or High Court.

What is default bail under BNSS 2023?

Under Section 479 BNSS (replacing Section 167 CrPC), if the investigation is not completed within 60 days (for offences up to 3 years) or 90 days (for offences above 3 years), the accused has an indefeasible right to be released on bail.

Can bail be cancelled after being granted?

Yes, under Section 483 BNSS, bail can be cancelled if the accused misuses the liberty, tampers with evidence, threatens witnesses, or is likely to abscond. The prosecution or complainant can file an application for cancellation of bail.

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.

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