Made under: BNSS s.480 / s.483 (CrPC s.437 / s.439)
Application for regular bail — s.480 / s.483 BNSS (s.437 / s.439 CrPC)
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For example: Chief Judicial Magistrate; Sessions Judge; Additional Principal Judge, Family Court.
Exactly as written — '318(4), 61(2) BNS'.
The day the Magistrate first ordered custody. That day counts as day one.
Write it in the order it happened. Do not guess at anything you cannot remember.
The document
In the Court of the Learned ________________ (Chief Judicial Magistrate / Sessions Judge), ________________
Bail Application No. ........ of ........
________________ ...... Applicant / Accused
versus
The State, through the Station House Officer, Police Station ________________ ...... Respondent
FIR No. ________________ dated ________________, Police Station ________________
Sections: ________________
APPLICATION FOR BAIL UNDER SECTION 480 / 483 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
Made under: Section 480 (before a Magistrate) or Section 483 (before the Court of Session / High Court) of the Bharatiya Nagarik Suraksha Sanhita, 2023 [Section 437 / 439 of the Code of Criminal Procedure, 1973, for cases pending on 1 July 2024]; Article 21 of the Constitution.
The applicant respectfully submits:
1. The applicant was remanded to judicial custody in the above FIR on ________________ and has been in custody since.
2. The applicant is innocent and has been falsely implicated. The facts in brief:
________________
3. Grounds for bail:
(a) The applicant's custody is no longer required for investigation; the evidence is chiefly documentary and with the police.
(b) The applicant lives permanently at ________________; there is no risk of flight.
(c) The applicant has no criminal antecedents / antecedents: ........
(d) The applicant will not influence witnesses and will abide by every condition the Court imposes.
(e) Bail is the rule and jail the exception (Satender Kumar Antil v. CBI, (2022) 10 SCC 51).
4. No other bail application of the applicant in this case is pending or has been rejected in any court / particulars: ........
PRAYER: It is prayed that the applicant be released on bail on such terms as this Court thinks fit.
Applicant / through counsel
________________
Place: ________________
Date: ________________What to attach
- Copies of the FIR and the remand order.
- If the Magistrate refused bail, a certified copy of that order — the s.483 application to the Sessions Court goes with it.
- A list of earlier cases and earlier bail applications — concealing one is a ground to cancel bail.
- Proof of residence, work and family; have sureties ready.
