CHANAKYA NATIONAL LAW UNIVERSITY

The Rough draft for the fulfilment of project of

“DRAFTING, PLEADING AND CONVEYANCING”

On

“DRAFTING OF BAIL APPLICATION”

Submitted to:- Asst. Prof. B.R.N. Sharma

Faculty of Drafting, Pleading and Conveyancing

Submitted by: - Harshit Gupta

Roll no.1623

4th Year B.B.A.L.L.B (Hons)

 INTRODUCTION
Bail denotes the provisional release of an accused in a criminal matter in which the court is yet
to announce a judgment. The expression 'bail' means a security deposited to appear before the
court for release. Originally, the word is derived from an old French verb ‘bailer’ which means
‘to give’ or ‘to deliver’. A ball is granted to an accused after presenting a bail bond to the court.

The primary objective of arrest is to ensure that the accused in a criminal case appears before
the court for the conveyance of justice. However, if the person’s presence can be guaranteed
for the court trial without putting the person in a jail, it would unfair and unjust to violate a
person’s liberty. Thus, bail can be granted as a conditional liberty to the accused.

There are commonly 3 types of bail in India which a person can apply depending upon the
stage of the criminal matter:

Regular Bail: A regular bail can be granted to a person who has already been arrested and kept
in police custody. A person can file a bail application for regular bail under Section 437 and
439 of the CrPC.

Interim Bail: Interim bail is a bail granted for a short period of time. Interim bail is granted to
an accused before the hearing for the grant of regular bail or anticipatory bail.

Anticipatory Bail: A person who discerns that he may be arrested by the police for a non-
bailable offence, can file an application for anticipatory bail. It is like an advance bail obtained
under Section 438 of the CrPC. A bail under Section 438 is a bail before arrest and a person
cannot be arrested by the police if the anticipatory bail has been granted by the court.

RESEARCH METHODOLOGY
The researcher will emphasize and use the doctrinal method for this project topic.

The researcher will be collecting valuable data from library which includes the written works
and from the field. All these data will help the researcher to solve his research problem. All the
books, journals, articles published in newspapers, bodies, reports. The researcher will make
use of doctrinal. The doctrinal process includes the use of literary source.

AIMS AND OBJECTIVES

 To understand the provisions of bail in law and sort out types of bail application.
 To study the differences in drafting of provisions of different bail applications.
 SCOPE AND LIMITATION
This project is limited in its scope due to paucity of time, multiplicity of areas to be covered
due to inherent vastness of the subject matter and limited financial resources. However, the
reasearcher has aimed to keep a fairly broad scope in order to gain a complete picture of the
topic.

TENTATIVE CHAPTERISATION
1. Introduction
2. Types of Bail and their condition precedent
3. Clauses in Bail Application
4. Relevant Documents
5. Conclusion

BIBLIOGRAPHY

 Criminal Procedure Code

 Criminal Procedure” Edi 8th, 2004, Indian Law House, Delhi, p.735.
 Pleadings: An Essential Guide, S.P. Aggarwal, Lexis Nexis, Nagpur, 2nd ed. 2013
 https://www.legalhelplineindia.com/legal/bail-format-india/