
IN THE COURT OF THE SESSIONS JUDGE
[DISTRICT NAME], [STATE]

BAIL APPLICATION NO. __________ OF 20__

IN THE MATTER OF:-

[Name of Applicant]
S/o [Father's Name]
R/o [Full Address]                                     ...Applicant

Versus

State of [State Name]                                  ...Respondent

---

APPLICATION UNDER SECTION 438 OF THE CODE OF CRIMINAL PROCEDURE, 1973
[SECTION 482 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023]
FOR ANTICIPATORY BAIL

TO,
THE HON'BLE SESSIONS JUDGE,
[DISTRICT NAME]

MOST RESPECTFULLY SHOWETH:

1. **Brief Background of the Applicant:** The Applicant is [occupation, age, address] and has been residing at the above-mentioned address for the past ___ years. The Applicant has no prior criminal antecedents and is a law-abiding citizen.

2. **Apprehension of Arrest:** The Applicant reasonably apprehends that he/she may be arrested in connection with [FIR No. ___ / the complaint / the case] registered at [Police Station Name], under Sections [___ of the IPC/BNS], for the following reasons:

   (a) [Explain why the apprehension exists — e.g., FIR registered naming the applicant / notice from police / statement of complainant etc.]

3. **Nature of the Accusation:** The Applicant has been accused of [briefly describe the allegation]. The Applicant denies these allegations entirely and states:

   (a) [State why the accusation is false — e.g., it arises from a civil/commercial dispute, personal enmity, etc.]

   (b) [State the specific defence of the applicant]

   (c) [If a civil dispute underlies the criminal complaint — "The entire dispute is civil in nature and the present complaint has been filed as a pressure tactic to coerce the Applicant."]

4. **Factors Under Section 438(1) CrPC:**

   **(i) Nature and Gravity of Accusation:**
   The offence alleged is [bailable / non-bailable]. The maximum punishment prescribed is [___ years]. The accusation, as described, does not disclose a serious offence warranting pre-trial incarceration.

   **(ii) Antecedents of the Applicant:**
   The Applicant has absolutely no prior criminal record. This is the Applicant's first involvement in any criminal proceeding.

   **(iii) Possibility of Fleeing Justice:**
   There is no possibility of the Applicant fleeing justice as:
   - The Applicant is a permanent resident of [District/City] since [year];
   - The Applicant has [business/employment/property/family] at [place] which ties him/her to the jurisdiction;
   - The Applicant undertakes to surrender his/her passport if so directed.

   **(iv) Whether Accusation is Made to Humiliate:**
   The present accusation has been made with the intent to humiliate and injure the Applicant because [state specific reasons — e.g., failed negotiation, dispute over property, matrimonial dispute, business rivalry etc.].

5. **Willingness to Comply with Conditions:** The Applicant undertakes to:

   (a) Make himself/herself available for interrogation whenever required by the Investigating Officer;
   (b) Not leave the country without prior permission of this Hon'ble Court;
   (c) Surrender his/her passport to the concerned authority;
   (d) Not tamper with evidence or influence any witness;
   (e) Appear before the Investigating Officer/Court as and when directed.

6. That no other application for anticipatory bail has been filed before this Hon'ble Court or any other court in connection with the present FIR/complaint.

7. This application is made bona fide and in the interest of justice.

## PRAYER

In the circumstances aforementioned, it is therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to:

(a) Direct that in the event of the arrest of the Applicant in connection with [FIR No. ___ dated ___] registered at [Police Station], [District], under Sections [___], the Applicant be released on anticipatory bail on such terms and conditions as this Hon'ble Court may deem fit and proper;

(b) Pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

AND FOR THIS ACT OF KINDNESS, THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.

FILED BY:

(Name of Advocate)
Advocate for the Applicant
Enrolment No.: ____________

Filed on: ____________
[City]

---

## AFFIDAVIT

I, [Name of Applicant], S/o [Father's Name], aged about ___ years, resident of [Address], do hereby solemnly affirm and state as under:

1. That I am the Applicant in the abovesaid matter and am fully competent to swear this affidavit.

2. That the facts stated in the accompanying application for anticipatory bail are true and correct to the best of my knowledge and belief.

3. That I am apprehending arrest in connection with [FIR No. / Complaint] and have not been arrested as of the date of swearing this affidavit.

4. That I undertake to abide by all conditions imposed by this Hon'ble Court.

**DEPONENT**

**VERIFICATION:**

Verified at ___________ on this ___ day of _______, 20__.

**DEPONENT**


IN THE COURT OF THE SESSIONS JUDGE
[DISTRICT NAME], [STATE]
BAIL APPLICATION NO. __________ OF 20__
IN THE MATTER OF:-
[Name of Applicant]
S/o [Father's Name]
R/o [Full Address] ...Applicant
Versus
State of [State Name] ...Respondent
<hr>
APPLICATION UNDER SECTION 438 OF THE CODE OF CRIMINAL PROCEDURE, 1973
[SECTION 482 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023]
FOR ANTICIPATORY BAIL
TO,
THE HON'BLE SESSIONS JUDGE,
[DISTRICT NAME]
MOST RESPECTFULLY SHOWETH:
<ol>
<li>
Brief Background of the Applicant: The Applicant is [occupation, age, address] and has been residing at the above-mentioned address for the past ___ years. The Applicant has no prior criminal antecedents and is a law-abiding citizen.
</li>
<li>
Apprehension of Arrest: The Applicant reasonably apprehends that he/she may be arrested in connection with [FIR No. ___ / the complaint / the case] registered at [Police Station Name], under Sections [___ of the IPC/BNS], for the following reasons:
(a) [Explain why the apprehension exists — e.g., FIR registered naming the applicant / notice from police / statement of complainant etc.]
</li>
<li>
Nature of the Accusation: The Applicant has been accused of [briefly describe the allegation]. The Applicant denies these allegations entirely and states:
(a) [State why the accusation is false — e.g., it arises from a civil/commercial dispute, personal enmity, etc.]
(b) [State the specific defence of the applicant]
(c) [If a civil dispute underlies the criminal complaint — "The entire dispute is civil in nature and the present complaint has been filed as a pressure tactic to coerce the Applicant."]
</li>
<li>
Factors Under Section 438(1) CrPC:
(i) Nature and Gravity of Accusation:
The offence alleged is [bailable / non-bailable]. The maximum punishment prescribed is [___ years]. The accusation, as described, does not disclose a serious offence warranting pre-trial incarceration.
(ii) Antecedents of the Applicant:
The Applicant has absolutely no prior criminal record. This is the Applicant's first involvement in any criminal proceeding.
(iii) Possibility of Fleeing Justice:
There is no possibility of the Applicant fleeing justice as:
<ul>
<li>The Applicant is a permanent resident of [District/City] since [year];</li>
<li>The Applicant has [business/employment/property/family] at [place] which ties him/her to the jurisdiction;</li>
<li>The Applicant undertakes to surrender his/her passport if so directed.</li>
</ul>
(iv) Whether Accusation is Made to Humiliate:
The present accusation has been made with the intent to humiliate and injure the Applicant because [state specific reasons — e.g., failed negotiation, dispute over property, matrimonial dispute, business rivalry etc.].
</li>
<li>
Willingness to Comply with Conditions: The Applicant undertakes to:
(a) Make himself/herself available for interrogation whenever required by the Investigating Officer;
(b) Not leave the country without prior permission of this Hon'ble Court;
(c) Surrender his/her passport to the concerned authority;
(d) Not tamper with evidence or influence any witness;
(e) Appear before the Investigating Officer/Court as and when directed.
</li>
<li>
That no other application for anticipatory bail has been filed before this Hon'ble Court or any other court in connection with the present FIR/complaint.
</li>
<li>
This application is made bona fide and in the interest of justice.
</li>
</ol>
<h2>PRAYER</h2>
In the circumstances aforementioned, it is therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to:
(a) Direct that in the event of the arrest of the Applicant in connection with [FIR No. ___ dated ] registered at [Police Station], [District], under Sections [], the Applicant be released on anticipatory bail on such terms and conditions as this Hon'ble Court may deem fit and proper;
(b) Pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
AND FOR THIS ACT OF KINDNESS, THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.
FILED BY:
(Name of Advocate)
Advocate for the Applicant
Enrolment No.: ____________
Filed on: ____________
[City]
<hr>
<h2>AFFIDAVIT</h2>
I, [Name of Applicant], S/o [Father's Name], aged about ___ years, resident of [Address], do hereby solemnly affirm and state as under:
<ol>
<li>
That I am the Applicant in the abovesaid matter and am fully competent to swear this affidavit.
</li>
<li>
That the facts stated in the accompanying application for anticipatory bail are true and correct to the best of my knowledge and belief.
</li>
<li>
That I am apprehending arrest in connection with [FIR No. / Complaint] and have not been arrested as of the date of swearing this affidavit.
</li>
<li>
That I undertake to abide by all conditions imposed by this Hon'ble Court.
</li>
</ol>
DEPONENT
VERIFICATION:
Verified at ___________ on this ___ day of _____, 20.
DEPONENT

Application under Section 438 CrPC (Section 482 BNSS) seeking anticipatory bail from the Sessions Court in anticipation of arrest in a non-bailable offence.

Application for Anticipatory Bail — Sessions Court