Assignment No.

13

ANTICIPATORY BAIL

Bail is the conditional/provisional release of a person held under legal custody (in matters which
are yet to be pronounced by the Court), by undertaking a promise to appear in the Court as and
when required. It signifies a security/collateral deposited before the Court for release.

Anticipatory Bail is a direction issued to release a person on Bail even before the person is
arrested. In this situation, there is apprehension of arrest and the person is not arrested before
the Bail is granted. For such Bail, a person can file an application under Sec. 438 of the Code
of Criminal Procedure (CrPC). It is issued only by the Sessions Court and High Court.

Anticipatory Bail became part of the CrPC in 1973 after the 41st Law Commission Report (1969)
recommended for the inclusion of such provision. It was included to protect the arbitrary
violation of the right to personal liberty of the person. As arbitrary arrests (often leading to
harassment and humiliation of citizens) continue to be a pervasive phenomenon in the country,
therefore, the protection to people should be given. And this was the underlying reason for the
enactment of Sec. 438 in the CrPC, which even received the Parliamentary acceptance as
“crucial underpinning to shield an individual's personal liberty in a free and democratic country.”

The Supreme Court in Sushila Aggarwal v. State of NCT of Delhi (2020) case delivered a
significant verdict, ruling that no time limit can be set while granting anticipatory bail and it can
continue even until the end of the trial. The Court made reference to India's freedom movement
claiming that arbitrary arrests, indefinite detentions, and lack of institutional safeguards played
an important role in rallying the people to raise the demand for Independence. The Court also
ruled in this case that an application for anticipatory bail could be filed by a person before the
FIR (First Information Report) as soon as the facts make clear there is a substantial reason for
the arrest.

Conditions Imposed by Court for granting anticipatory bail

● Person shall not leave the country and travel abroad without the prior permission of the Court.
● If a Court rejects the anticipatory bail a person, he/she can be arrested by the police without a
warrant.

● Person shall make himself available for interrogation by a police officer (as and when
required).

● Person shall not (directly or indirectly) make any inducement, interference, threat or promise to
any person acquainted with the facts of the case so as to dissuade him from disclosing such
facts to the Court or to any police officer.

Over the years, anticipatory Bail has acted as the protection (granted under Sec. 438 of CrPC)
to safeguard a person against whom false accusation or charges have been made. It ensures
the release of such falsely accused persons even before they are arrested.

The present assignment deals with drafting an application in the Session’s Court for grant of
anticipatory bail.
 IN THE COURT OF SESSIONS JUDGE (CENTRAL DISTRICT, DELHI)
TIS HAZARI COURTS, DELHI

ANTICIPATORY BAIL APPLICATION NO. ________ OF 2020

IN THE MATTER OF:-

Mr. SURINDER SINGH

Aged:- 30 (Thirty) Years
S/O Late Shri. Pritam Singh
R/O C-12, Kamla Nagar
New Delhi- 110007 ….ACCUSED/APPELLANT
VERSUS

THE STATE (NCT DELHI) ….COMPLAINANT

FIR NO. _______ OF 2020

UNDER SECTION:____________
POLICE STATION:____________
D.O.A:______________

APPLICATION FOR THE GRANT OF ANTICIPATORY BAIL UNDER SECTION 438 OF THE
CODE OF CRIMINAL PROCEDURE, 1973

The Applicant above named most respectfully submits as under:-

1. That the Applicant is a young man aged 30 (Thirty) years residing at C-12, Kamala
Nagar,New Delhi-07. He is also a Director of M/s. ABC Ltd. which is a very leading
company engaged in the manufacture of electrical appliances.
2. The Applicant is a very respectable person of his locality and is a peace loving citizen.

3. That the Applicant was on friendly terms with Ms. Yamini, a major daughter of the
Complainant. However, the relationship of the Applicant with Ms. Yamini was not liked
by her family members so much that they had stopped Yamini from meeting the
Applicant and had threatened her that in case she met the Applicant, they would
implicate the Applicant in some false criminal case.

4. That Ms.Yamini had also written number of letters to the Applicant calling upon him to
marry her as she had feared that her family members may sabotage her relationship
with the Applicant, which shows that family members of Ms. Yamini was deadly set
against the Applicant and were looking for some opportunity to falsely implicated him in
some false criminal case in order to pressurize him to severe his relationship with Ms.
Yamini.

5. That on the 5th (Fifth) of January, 2020 (Two Thousand and Twenty), the Applicant had
gone to meet his friend, who is residing in the neighborhood of Miss. Yamini. When the
Applicant reached the house of his friend, he was suddenly attacked by father, uncle
and brother of Ms. Yamini as a result of which he fell down and sustained
abrasion/injuries. The Applicant’s friend came to the rescue of the Applicant and with
great difficulty, the Applicant was saved from the clutches of Ms. Yamini’s family
members by other neighbors and passersby.

6. That the police have registered a false FIR against the Applicant. A bare on perusal of
the said FIR reveals that the brother of Ms. Yamini attacked the Applicant and not vice
versa. As a matter of fact, the aggressor has manipulated the police and has falsely
implicated the Applicant. The Applicant is in fact the victim at the hands of the
Complainants who have conspired with the police and got this case registered against
them. The Photostat copies of the letters written by Ms. Yamini to the Applicant are
annexed herewith.

7. That the FIR registered against the Applicant is absolutely false and incorrect. The
Applicant is not at all involved in the alleged offence and has been falsely implicated by
the police
 8. That the Applicant apprehends that he may be arrested in pursuance of the aforesaid
false and fictitious complaint.

9. That the police officials have visited the premises of the Applicant in his absence and
there is every likelihood of his being arrested in the instant case.

10. That the Applicant undertakes to join the investigation as and when directed to do so.

11. That the Applicant is a permanent resident of Delhi and there is no chance of his
absconding in case he is granted anticipatory bail.

12. That the Applicant has never been involved in any criminal case except the present one.

PRAYER

It is, therefore most respectfully prayed that the Applicant be released on bail in the
event of his arrest and appropriate directions in this regard may please be sent to the
concerned Investigating officer/S.H.O. Any other order/orders which this Hon’ble Court
may be deemed fit and proper on the facts and circumstances of this case may also be.

APPLICANT
THROUGH
New Delhi.
Dated :______________
ADVOCATE
 IN THE COURT OF SESSIONS JUDGE (CENTRAL DISTRICT, DELHI)
TIS HAZARI COURTS, DELHI

ANTICIPATORY BAIL APPLICATION NO. ________ OF 2020

IN THE MATTER OF:-

Mr. SURINDER SINGH

Aged:- 30 (Thirty) Years
S/O Late Shri. Pritam Singh
R/O C-12, Kamla Nagar
New Delhi- 110007 ….ACCUSED/APPELLANT
VERSUS

THE STATE (NCT DELHI) ….COMPLAINANT

AFFIDAVIT

I, Surinder Singh, do hereby solemnly affirm and declare as follows :-

1. I am the applicant in the above matter and as such acquainted with the facts of
the above case.
2. That the contents of paras _____ to _____ are true and correct to the best of my
knowledge.
3. That the contents of this application have been drafted by my counsel under my
instructions and the contents of the same have been read over and understood
by me and are true as well as correct to my knowledge.

DEPONENT
 VERIFICATION

Verified at New Delhi on this XXth day of May, 2020 that the contents of this affidavit are
true and correct to my knowledge. No material part is false or concealed therefrom.

DEPONENT