When the accused decided to file an application for anticipatory bail. Firstly he has to make the decision in which forum he will apply. After reading section 438 of CRPC, 1973  it is clear that there are two forums in which the application can be filed, i.e., High Court and Session Court.

In practice it is preferable to choose the latter forum for applying as if the session court rejects the application, the accused has a second chance to approach the High Court for anticipatory bail.

CONTENTS OF ANTICIPATORY BAIL APPLICATION:

  • An affidavit of the applicant.
  • Information of applicant like name, his address.
  • List of the documents to support the case of the applicant.
  • Copy of the first information report filed against the applicant.
  • Information related to an offence alleged against the applicant.
  • The summary of the case made out against the accused.
  • Role of the accused in offence made against him in detail.
  • The reason behind anticipating the arrest in the matter against the accused.
  • The reason to presume the applicant innocent and the case made against him false and frivolous.
  • Grounds for choosing the decision to file an anticipatory bail application.
  • Undertaking that the accused will not temper the evidence or try to threaten the witness.
  • Undertaking that the accused has no prior conviction in his name.
  • Undertaking that the applicant will comply with every condition imposed by the court on him.
  • The relief which the applicant seeks from the court.

FORMAT OF THE APPLICATION

                                                        IN THE MATTER OF….

STATE 

                               VS

APPLICANT NAME

ADDRESS

FIR NUMBER

SECTION UNDER WHICH FIR FILED

              APPLICATION UNDER SECTION 438 CRPC,1973 PRAYING FOR GRANT OF          ANTICIPATORY BAIL TO THE APPLICANT.

MOST RESPECTFULLY SHOWETH:

  1. That the FIR has been registered on the false allegation and the said facts in the FIR are fabricated and baseless.
  2. That the police falsely involved the applicant in the case.
  3. That the investigation and custodial interrogation is not required so far as the applicant is concerned.
  4. That the applicant is not absconding from India.
  5. That the applicant undertakes the following:
  • To appear before police and court whenever required.
  • That the applicant will not make inducement, threat or promise to any person acquainted with facts and circumstances of the case.
  • That he will not temper the evidence or threaten witnesses.
  • Not will India without the permission of the court.
  • The applicant is willing to accept any other condition imposed by the court or police.

                                                        PRAYER

 It is, therefore, respectfully prayed that this Hon’ble Court may kindly be pleased to:-

a)     Pass an order to grant anticipatory bail to the applicant and the SHO/IO/Arresting Officer may kindly be directed to release the applicant on bail in the event of arrest in the above-noted matter, in the interest of justice.

 b) Pass any other order(s) as this Hon’ble Court may deem fit and proper and in the interest of justice in the facts and circumstances of the case.           

                                                                                                            APPLICANT

   Dated:                                                                                             Through;

                                                                                                       ADVOCATE

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