Made under: BNSS s.482 (CrPC s.438)
Anticipatory bail application — outline under s.482 BNSS (s.438 CrPC)
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The document
In the Court of the Learned Sessions Judge, ________________
(or: In the High Court of ................)
Criminal Miscellaneous (Anticipatory Bail) Application No. ................ of ................
________________
resident of ________________ ...... Applicant
versus
The State, through the Station House Officer, Police Station ________________ ...... Respondent
FIR No. ________________ dated ________________, Police Station ________________
Sections: bns-2023:99
APPLICATION UNDER SECTION 482 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 [SECTION 438 CrPC] FOR A DIRECTION FOR BAIL IN THE EVENT OF ARREST
Made under: Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [formerly Section 438 of the Code of Criminal Procedure, 1973].
** THIS IS AN OUTLINE FOR A LAWYER TO COMPLETE **
An anticipatory bail application is argued, not merely filed. Use this to put the facts in order before meeting a lawyer, or ask the District Legal Services Authority for free legal aid. Section 482 does not apply to an accusation under Section 65 or Section 70(2) of the Bharatiya Nyaya Sanhita, 2023.
The applicant respectfully submits:
1. The applicant has reason to believe that he / she may be arrested on an accusation of having committed a non-bailable offence in the above FIR.
2. The allegations, and the applicant's answer to them:
________________
3. Grounds (keep what applies, add the rest):
(a) The applicant is innocent and has been falsely implicated; the accusation is made to injure or humiliate the applicant.
(b) The applicant has no criminal antecedents. [Disclose every earlier case honestly — concealment is fatal.]
(c) The applicant has a fixed residence and roots in society and will not flee.
(d) The applicant will cooperate with the investigation and will not tamper with evidence or influence witnesses.
(e) Where the offence is punishable with up to seven years, Section 35(3) BNSS [s.41A CrPC] requires a notice of appearance rather than arrest (Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273).
(f) No earlier application for the same relief has been filed / an earlier application was disposed of on ................
4. Anticipatory bail need not be limited to a fixed period and can ordinarily continue till the end of the trial (Sushila Aggarwal v. State (NCT of Delhi), (2020) 5 SCC 1).
5. The applicant undertakes to abide by any condition imposed under Section 482(2) BNSS — to make himself / herself available for interrogation, not to influence witnesses, and not to leave India without permission.
PRAYER: It is prayed that this Court direct that in the event of the applicant's arrest in the above FIR, the applicant be released on bail; and pending the hearing, grant interim protection from arrest.
Applicant / through counsel
________________
Place: ________________
Date: ________________What to attach
- A copy of the FIR (from the State police website) or of the complaint.
- A list of every earlier criminal case, and the order on any earlier bail application.
- Proof of residence, job and family — to show roots in the community.
- The lawyer's vakalatnama; for a free lawyer, the District Legal Services Authority.