Bail Application

Form No 45 In the Court of Shri _______________________________________ Police Station: Next date of

hearing _____________ F.I.R. No.: Under Section: Sent to Jail on _____________ Bail Bond I,
_________________________ son of Shri ___________________________________; Resident of
______________________________________________________________ having been arrested or detained
without warrant by the officer incharge of________________________ Police Station for having been
brought before this Hon’ble Court charged with the offence of ________________________ and required
to give surety for my attendance before such Officer or Court on condition that I shall attend such
officer or Court on every day on which any investigation or trial is held with regard to such charge
and in case of my making default there in I hereby bind my self to forfeit to Government the sum of
Rs _______________ . I ___________________________ son of Shri _____________________________Resident of
_________________________________________________________hereby declare myself for the above said Shri
________________________________that he shall attend the officer-in-charge of
__________________________________Police Station or the Court of Shri
________________________________________every day on which any investigation in the charge is made or
any trial on such charge is held that he shall be and reappear before such officer or Court for the
purpose of such investigation to answer the charge against him (as the case may be) and in the case
of his making default herein I have bind myself to forfeit to Government the sum of Rs. __________
Dated this _______________ day of _____________ 200___. Witnesses: 1. __________________ 2.
__________________ Signature However, the format for a bail application depends upon the nature of
offence and circumstances under which an accused person seeks the grant of bail. Under Section
436 any person, other than a person accused of a non-bailable offence, is arrested or detained
without warrant by an officer in charge of a police station, or appears or is brought before the court
and is prepared to give bail, such person shall be released on bail as a matter of right. Under this
section the court cannot exercise any discretion in granting bail. Under Section 437 a court (other
than a High Court or a Court of Sessions) or a police officer possesses the power to release an
accused on bail in a non-bailable case, unless there appear reasonable grounds that the accused
has been guilty of an offence punishable with death or with imprisonment for life. Under Section
438 any person who apprehends or has reason to believe that he/she is likely to be arrested on false
or trumped up charges, due to enmity with someone, or in connection with a false case lodged or
likely to be lodged against him, may approach a Court of Sessions or High Court for grant of bail in
the event of his arrest, and the court may, if it thinks fit, direct that in the event of such arrest, he
shall be released on Anticipatory bail. Under Section 439 a High Court or a Court of Sessions
possesses special powers to direct the release on bail of an accused person. These special powers
are entirely discretionary and also apply to the discretionary power of a High Court or Court of
Sessions to cancel the bail of an accused person.