ANTICIPATORY BAIL

FORMAT TO BE FILED BEFORE THE HIGH COURT IN THE EVENT OF

THE APPLICATION FOR ANTICIPATORY BAIL BEING DISMISSED BY THE
SESSIONS COURT
BEFORE THE HIGH COURT AT
(give the name of the High Court where the anticipatory bail application format
India is being filed)
IN THE MATTER OF
STATE
VS
(Mention the name of the accused)
FIR Number: (Mention the FIR number)
Under Section: (Mention the sections under which the FIR has been filed)
Police Station: (Mention the name of the Police Station)
APPLICATION U/S 438 CRPC FOR GRANT OF ANTICIPATORY BAIL ON BEHALF
OF THE ACCUSED
( name of the applicant of the bail)
1. That the present FIR has been registered on false and bogus facts. The facts stated
in the FIR are fabricated, concocted and without any basis.
2. That the police has falsely implicated the applicant in the present case, the applicant
is a respectable citizen of the society and is not involved any criminal case.
3. That the facts stated in the complainant against the applicant are civil disputes and
does not constitute any criminal offence at all.
4. That the applicant is not required in any kind of investigation nor any kind of custodial
interrogation is required.
5. That the applicant is having very good antecedents, he belongs to good family and
there is no criminal case pending against them.
6. That the applicant is a permanent resident and there are no chances of his
absconding from the course of justice.
7. That the applicant undertakes to present himself before the police/court as and when
directed.
8. That the applicant undertakes that he will not, directly or indirectly make any
inducement, 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.
9. That the applicant further undertakes not to tamper with the evidence or the
witnesses in any manner.
10. That the applicant shall not leave India without the previous permission of the Court.
11. That the applicant is ready and willing to accept any other conditions as may be
imposed by the Court or the police in connection with the case.
12. That the Court below has failed to consider all the facts and circumstances of the
case and has wrongly dismissed the anticipatory bail application.
13. That any other anticipatory bail application has not been filed by the applicant
against the same FIR before any other court except for the present bail application.
14. That all the documents filed before the court below are being filed along with the
present application for anticipatory bail.
It is therefore prayed that the court may direct the release the applicant on bail in the
event of his arrest by the police.
Any other order which the court may deem fit and proper in the facts and circumstances
of the case may be also passed in favor of the applicant.
APPLICANT
THROUGH
COUNSEL

IMPORTANT TIPS FOR FILING OF ANTICIPATORY BAIL ?

BEFORE HIGH COURT:Bail application be signed by the accused.
Affidavit in support be also filed along with.
Power of Attorney or Vakalatnama be filed along with.
Proper court fees on anticipatory bail application as well as on the power of attorney be
affixed.
Copy of FIR be filed along with a true types and translated copy of the FIR if the same is
in vernacular.
All relevant documents be filed along with the anticipatory bail application before
sessions court.
The anticipatory application must mention about non filing of any other bail application
before any other court.
Copy of the bail order of the sessions court be filed along with the anticipatory bail
format India before the High Court.
Copy of the relevant documents and the documents filed before the Sessions court be
filed.If the charge sheet has been filed then the copies of the same need to be attached.
Anticipatory Bail Application Format download for Sessions Court. How to prepare
anticipatory bail application for Sessions Court. What are the documents required
What is the format of Anticipatory Bail Application for Sessions Court? How to prepare
anticipatory bail application for Sessions Court?
What are the documents to be attached with anticipatory bail application?
Sample format of Anticipatory Bail application is given below. Please make necessary
modification on the basis of facts of the case. This is only a draft format.

ANTICIPATORY BAIL FORMAT TO BE FILED BEFORE THE SESSION COURTS

BEFORE THE COURT OF DISTRICT AND SESSIONS JUDGE, AT
(give the name of the district where the bail application is being filed)
IN THE MATTER OF

STATE

VS

(Mention the name of the applicant)

FIR Number: (Mention the FIR number)
Under Section: (Mention the sections under which the FIR has been filed)
Police Station: (Mention the name of the Police Station)

APPLICATION U/S 438 CRPC FOR GRANT OF ANTICIPATORY BAIL ON BEHALF

OF THE ACCUSED
( name of the applicant of the bail)
 MOST RESPECTFULLY SUBMITTED AS UNDER:
1. That the present FIR has been registered on false and bogus facts. The facts stated
in the FIR are fabricated, concocted and without any basis.
2. That the police has falsely implicated the applicant in the present case, the applicant
is a respectable citizen of the society and is not involved any criminal case.
3. That the facts stated in the complainant against the applicant are civil disputes and
does not constitute any criminal offence at all.
4. That the applicant is not required in any kind of investigation nor any kind of custodial
interrogation is required.
5. That the applicant is having very good antecedents, he belongs to good family and
there is no criminal case pending against them.
6. That the applicant is a permanent resident and there are no chances of his
absconding from the course of justice.
7. That the applicant undertakes to present himself before the police/court as and when
directed.
8. That the applicant undertakes that he will not, directly or indirectly make any
inducement, 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.
9. That the applicant further undertakes not to tamper with the evidence or the
witnesses in any manner.
10. That the applicant shall not leave India without the previous permission of the Court.
11. That the applicant is ready and willing to accept any other conditions as may be
imposed by the Court or the police in connection with the case.
It is therefore prayed that the court may direct the release the applicant on bail in the
event of his arrest by the police.
Any other order which the court may deem fit and proper in the facts and circumstances
of the case may be also passed in favor of the applicant.
APPLICANT
THROUGH
COUNSEL
IMPORTANT POINTS FOR FILING OF
ANTICIPATORY BAIL APPLICATION BEFORE THE SESSIONS COURT
Bail application be signed by the accused.
Power of Attorney or Vakalatnama be filed along with.
Proper court fees on anticipatory bail application well as on the power of attorney be
affixed.
It is should be clearly mentioned whether it is the first application or any other
application if filed earlier, the copies of the orders of the earlier application along with
the copies of the earlier application be also filed.
Copy of FIR be filed along with the application for bail.
All relevant documents be filed along with the bail application before sessions court.
Affidavit in support be also filed.

IMPORTANT TIPS ON FILING OF ANTICIPATORY BAIL APPLICATION FORMAT

INDIA :
Anticipatory bail application is filed under Section 438 of the Code of Criminal
Procedure by an accused person who is apprehending arrest by the police. 
Anticipatory Bail Application Format India can be filed before the court of sessions, High
Court, Supreme Court of India only. 
The Anticipatory Bail Application Format India has not been prescribed under any law
but the same should be drafted strictly in accordance with the requirements of the case
so that the person is not arrested and granted anticipatory bail by the courts. 
The anticipatory bail application should be singed by the applicant/accused or any
authorized person on behalf of the accused giving his own details.

IMPORTANT TIPS ON FILING OF

ANTICIPATORY BAIL APPLICATION FORMAT INDIA :
Anticipatory bail application is filed under Section 438 of the Code of Criminal
Procedure by an accused person who is apprehending arrest by the police. 
Anticipatory Bail Application Format India can be filed before the court of sessions, High
Court, Supreme Court of India only. 
The Anticipatory Bail Application Format India has not been prescribed under any law
but the same should be drafted strictly in accordance with the requirements of the case
so that the person is not arrested and granted anticipatory bail by the courts. 
The anticipatory bail application should be singed by the applicant/accused or any
authorized person on behalf of the accused giving his own details.
The applicant is also required to swear an affidavit in support of the anticipatory bail
application.
Power of Attorney in favour of the counsel is required to be executed and attached
along
with the anticipatory bail application.
Copy of the FIR which is readable is required to be filed along with the anticipatory bail
application.
Copies of all the relevant documents are required to be attached along with the
anticipatory bail application format India.

ANTICIPATORY BAIL APPLICATION FORMAT INDIA

BEFORE THE COURT OF DISTRICT AND SESSIONS JUDGE, AT
(give the name of the district where the bail application is being filed)

IN THE MATTER OF

STATE
VS
(Mention the name of the applicant)
FIR Number: (Mention the FIR number)

Under Section: (Mention the sections under which the FIR has been filed)
Police Station: (Mention the name of the Police Station)

APPLICATION U/S 438 CRPC

FOR GRANT OF ANTICIPATORY BAIL ON BEHALF OF THE ACCUSED
( name of the applicant of the bail)

MOST RESPECTFULLY SUBMITTED AS UNDER:

1. That the present FIR has been registered on false and bogus facts. The facts stated
in the FIR are fabricated, concocted and without any basis.

2. That the police has falsely implicated the applicant in the present case, the applicant
is a respectable citizen of the society and is not involved any criminal case.

3. That the facts stated in the complainant against the applicant are civil disputes and
does not constitute any criminal offence at all.

4. That the applicant is not required in any kind of investigation nor any kind of custodial
interrogation is required.

5. That the applicant is having very good antecedents, he belongs to good family and
there is no criminal case pending against them.

6. That the applicant is a permanent resident and there are no chances of his
absconding from the course of justice.

7. That the applicant undertakes to present himself before the police/court as and when
directed.

8. That the applicant undertakes that he will not, directly or indirectly make any
inducement, 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.
9. That the applicant further undertakes not to tamper with the evidence or the
witnesses in any manner.

10. That the applicant shall not leave India without the previous permission of the Court.
11. That the applicant is ready and willing to accept any other conditions as may be
imposed by the Court or the police in connection with the case.

PRAYER
It is therefore prayed that the court may direct the release the applicant on bail in the
event of his arrest by the police.

Any other order which the court may deem fit and proper in the facts and circumstances
of the case may be also passed in favor of the applicant.
APPLICANT
THROUGH
COUNSEL

ANTICIPATORY BAIL APPLICATION BEFORE HIGH COURT :

IMPORTANT TIPS ON FILING OF ANTICIPATORY BAIL APPLICATION BEFORE
HIGH COURT:

The anticipatory bail application should be signed by the applicant/accused.

The applicant is also required to swear an affidavit in support of the anticipatory bail
application.
Power of Attorney in favour of the council is required to be executed and attached along
with the anticipatory bail application.
Copy of the FIR with its true translation if it is in vernacular is required to be filed along
with the Anticipatory Bail Application Format India.
Copies of all the relevant documents are required to be attached alongwith the
Anticipatory Bail Application Format India.
Certified copies of the orders passed by the Sessions Court rejecting the anticipatory
bail application is to be filed along with the anticipatory bail application.
SUGGESTED FORMAT OF THE ANTICIPATORY BAIL APPLICATION TO BE FILED
BEFORE THE HIGH COURT IN THE EVENT OF THE APPLICATION FOR
ANTICIPATORY BAIL BEING DISMISSED BY THE SESSIONS COURT.

BEFORE THE HIGH COURT AT

(give the name of the High Court where the anticipatory bail application format India is
being filed)

IN THE MATTER OF

STATE
VS
(Mention the name of the accused)

FIR Number: (Mention the FIR number)

Under Section: (Mention the sections under which the FIR has been filed)

Police Station: (Mention the name of the Police Station)

APPLICATION U/S 438 CRPC FOR GRANT OF ANTICIPATORY BAIL ON BEHALF

OF
THE ACCUSED
( name of the applicant of the bail)

MOST RESPECTFULLY SUBMITTED AS UNDER

:-
1. That the present FIR has been registered on false and bogus facts. The facts stated
in the FIR are fabricated, concocted and without any basis.

2. That the police has falsely implicated the applicant in the present case, the applicant
is a respectable citizen of the society and is not involved any criminal case.
3. That the facts stated in the complainant against the applicant are civil disputes and
does not constitute any criminal offence at all.

4. That the applicant is not required in any kind of investigation nor any kind of custodial
interrogation is required.

5. That the applicant is having very good antecedents, he belongs to good family and
there is no criminal case pending against them.

6. That the applicant is a permanent resident and there are no chances of his
absconding from the course of justice.

7. That the applicant undertakes to present himself before the police/court as and when
directed.
8. That the applicant undertakes that he will not, directly or indirectly make any
inducement, 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.
9. That the applicant further undertakes not to tamper with the evidence or the
witnesses in any manner.

10. That the applicant shall not leave India without the previous permission of the Court.
11. That the applicant is ready and willing to accept any other conditions as may be
imposed by the Court or the police in connection with the case.
12. That the Court below has failed to consider all the facts and circumstances of the
case
and has wrongly dismissed the anticipatory bail application.

PRAYER
It is therefore prayed that the court may direct the release the applicant on bail in the
event of his arrest by the police.

Any other order which the court may deem fit and proper in the facts and circumstances
of the case may be also passed in favor of the applicant.
APPLICANT
THROUGH
COUNSEL
Anticipatory Bail application
ATTENTION:
For online services on Anticipatory Bail Application, send us the copy of FIR on
mail. We have in house experts for all online legal services on criminal matters.
The provisions of bail under the Indian laws are contained in Section 437, 438 and 439
of the Code of Criminal Procedure. Anticipatory bail application can be filed under
Section 438 of CrPC seeking the release of the applicant in the event of his arrest.
Anticipatory Bail Application can be filed before the Court of Session, High Court but not
before the court below the court of the session or before the court of Magistrate. The
provisions of Section 438 of the CrPC are as under:
438. Direction for grant of bail to person apprehending arrest:
When any person has reason to believe that he may be arrested on an accusation of
having committed a non- bailable offence, he may apply to the High Court or the Court
of Session for a direction under this section; and that Court may, if it thinks fit, direct that
in the event of such arrest, he shall be released on bail.
When the High Court or the Court of Session makes a direction under sub- section (1),
it may include such conditions in such directions in the light of the facts of the particular
case, as it may think fit, including:
a condition that the person shall make himself available for interrogation by a police
officer as and when required;
a condition that the person shall not, directly or indirectly, make any inducement, 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;
The condition that the person shall not leave India without the previous permission of
the Court;
such other condition as may be imposed under sub- section (3) of section 437, as if the
bail were granted under that section.
If such person is thereafter arrested without warrant by an officer in charge of a police
station on such accusation, and is prepared either at the time of arrest or at any time
while in the custody of such officer to give bail, be shall be released on bail; and if a
Magistrate taking cognizance of such offence decides that a warrant should issue in the
first instance against that person, he shall issue a bailable warrant in conformity with the
direction of the Court under sub- section (1).
Anticipatory bail and regular bail are two different legal prepositions. The landmark
judgment on the distinction is the famous case of Gurbaksh Singh Sibbia v. State of
Punjab, the relevant observations made by the Supreme Court of India are as under:
“The distinction between an ordinary order of bail and an order of anticipatory bail is that
whereas the former is granted after arrest and therefore means release from the
custody of the police, the latter is granted in anticipation of arrest and is therefore
effective at the very moment of arrest. Police custody is an inevitable concomitant of
arrest for non-bailable offences.  An order of anticipatory bail constitutes, so to say, an
insurance against police custody following upon arrest for offence or offences in respect
of which the order is issued. In other words, unlike a post-arrest  order of bail, it  is a 
pre-arrest  legal process which directs that if the person in whose favor it is issued  is 
thereafter  arrested  on  the  accusation  in respect of  which the  direction  is  issued, 
he  shall  be released on  bail.”
It is not necessary that an FIR is registered before the filing of the Anticipatory Bail
Application, the apprehension of arrest or detention can be a ground of anticipatory bail
application. The court can consider and pass orders in this regard. An anticipatory bail
application can be filed and anticipatory bail granted even after the FIR is registered but
the applicant has not been arrested. The provisions of Section 438 cannot be invoked
after the arrest of the accused. After arrest, the accused has to seek the remedy under
Section 437 or Section 439 of the Code of Criminal Procedure.
INTERIM BAIL
An interim bail order can be passed under Section 438 of the Code without notice to the
Public Prosecutor under very urgent circumstances. The notice should be issued to the
Public Prosecutor or to the Government advocate simultaneously. In such event  the
question of bail should be re-examined in the light of respective contentions of the
parties.
The ad-interim order too must conform to the requirements of the Section and suitable
conditions can be imposed on the applicant even at that stage. The provisions of
Section 437 and 438 are different and distinct as the court of Magistrate exercises its
powers under Section 437 at the first instance.
It has been held in several cases that if the anticipatory bail application is made to the
High Court or the Court of Session, it must apply its own mind to the question and
decide whether a case has been made out for granting such relief. While considering
the anticipatory bail application, the court of the session or High Court cannot leave the
question for the decision of the Magistrate concerned under Section 437  of the  Code.
Such a course will defeat the very object of Section 438. In a way, Anticipatory bail
application is on a better legal footing as compared to the bail application under Section
437 of CrPC.
The Supreme Court has defined the anticipatory bail application and the import of the
same under Indian laws. Supreme Court has explained that Anticipatory bail is the
temporary release of the accused from the custody of police either with or without
surety. The words anticipatory bail has not been defined in the CrPC. The expression
“anticipatory bail” is a misnomer and the order of anticipatory bail becomes operative
after the arrest of the accused. The anticipatory bail under crpc provides that a person
who has a reasonable belief that he may get arrested for a non-bailable offense then he
may apply to sessions court or the high court to get a direction for grant of anticipatory
bail under section 438 of Code of Criminal Procedure.
The court while considering the Anticipatory Bail Application may consider the following
factors –
Nature and gravity of accusation,
The antecedents of the applicant including the fact as to whether he has previously
undergone imprisonment on conviction by a Court in respect of any cognizable offence,
The possibility of the applicant to flee from justice, and
Where the accusation has been made with the object of injuring or humiliating the
applicant by having him so arrested.
After considering all these aspects and the facts of the case, the court may either reject
the application forthwith or issue an interim order for the grant of anticipatory bail.
If the sessions court or the high court does not pass any interim order under Section
438 of CrPC on the anticipatory bail application or does not grant the anticipatory bail
then the police officer has the authority to arrest such person without a warrant on the
basis of the accusation apprehended in such application.
Post amendments of 2005 in the criminal laws, it is mandatory to hear Public Prosecutor
in the case of Anticipatory Bail. If the sessions court rejects the anticipatory bail
application, then the application for anticipatory bail can be filed in High Court.
While considering the anticipatory bail application, the court can put certain conditions
and restrictions while granting anticipatory bail. These conditions and restrictions are as
follows:
i) The applicant of the Anticipatory bail application shall join the investigation and attend
the investigation proceedings as and when directed by the investigating agency, the
police or the court. 
ii) Applicant of the anticipatory bail application shall not tamper with the evidence in any
manner.
iii) Applicant would not intimidate the witnesses of the case.
iv) The applicant of the anticipatory bail shall not run away from the jurisdiction of the
court or leave the country. In such circumstances, the court may impose the condition of
depositing the passport of the accused person.
Anticipatory bail application can be filed when the FIR has been registered. If a notice of
arrest has been issued by the Investigation Officer of the case, then the Anticipatory
Bail Application may be filed before the court of Sessions. 
If no FIR registered, still Anticipatory Bail Application can be filed and the court after
seeking the version of police and Public Prosecutor may pass appropriate orders even
granting anticipatory bail to the applicant or the accused persons or even the suspected
persons. Such bail can be on several conditions to be imposed by the court of Sessions
or the High Court. 
CANCELLATION OF ANTICIPATORY BAIL:
Section 439(2)of CrPC deals with cancellation of anticipatory bail. Though there is a
specific provision in the code of criminal procedure but under law the court which has
the power to grant the anticipatory is also empowered to cancel bail or recall the order
related to bail upon appropriate consideration of facts. Anticipatory bail should not be
abused in any manner as it is a special privilege given to a person who is under
reasonable apprehension of his arrest. The power to cancel the regular or anticipatory
bail can be invoked only when the court is satisfied that the ends of justice will be
defeated unless the accused is committed to custody.
Though the power conferred under Section 438 of the Code can be described as an
extraordinary in character, but this does not justify the conclusion that the power must
be exercised in exceptional cases only because it is of an extraordinary character.
Nonetheless, the discretion under the Section has to be exercised with due care and
circumspection depending on circumstances.
Before power under sub-section (1) of Section 438 of the Code is exercised, the Court
must be satisfied that the applicant invoking the provision has reason to believe that he
is likely to be arrested for a non-bailable offence and that belief must be founded on
reasonable grounds. Mere “fear” is not belief, for which reason, it is not enough for the
applicant to show that he has some sort of vague apprehension that some one is going
to make an accusation against him, in pursuance of which he may be arrested. The
grounds on which the belief of the applicant is based that he may be arrested for a non-
bailable offence, must be capable of being examined by the Court objectively. Specific
events and facts must be disclosed by the applicant in order to enable the Court to
judge of the reasonableness of his belief, the existence of which is the sine qua non of
the exercise of power conferred by the Section.
The grounds which can be taken in Anticipatory Bail Application besides the merits of
the FIR can be other grounds which may mainly contain the following:
• Arrest being for ulterior motives such as humiliation and unjustified harassment.
• Irreparable injury to reputation & liberty.
• Otherwise a fit case for bail before arrest.
• Physically surrender before the court.
• Motivation of police on police on political consideration.
No blanket order of bail should be passed and the Court which grants anticipatory bail
must take care to specify the offence or the offences in respect of which alone the order
will be effective. While granting relief under Section 438(1) of the Code, appropriate
conditions can be imposed under Section 438(2) so as to ensure an uninterrupted
investigation. One such condition can even be that in the event of the police making out
a case of a likely discovery under Section 27 of the Evidence Act, the person released
on bail shall be liable to be taken in police custody for facilitating the recovery.
Otherwise, such an order can become a charter of lawlessness and a weapon to stifle
prompt investigation into offences which could not possibly be predicated when the
order was passed.
Though it is not necessary that the operation of an order passed under Section 438(1)
of the Code be limited in point of time but the Court may, if there are reasons for doing
so, limit the operation of the order to a short period until after the filing of FIR in respect
of the matter covered by the order. The applicant may, in such cases, be directed to
obtain an order of bail under Section 437 or 439 of the Code within a reasonable short
period after the filing of the FIR. The court in its wisdom can also impose other
conditions and eventualities in the interest of justice.
While considering all these aspects, we may sum up that society has a vital stake in
both of the interests, namely, personal liberty of an individual and the investigational
power of the police. The Court is to strike a balance between the two while deciding
anticipatory bail application under section 438 of the Code of Criminal Procedure, 1973.

IN THE COURT OF SESSIONS FOR GREATER BOMBAY CRIMINAL APPELLATE

JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. _______ OF 20…
ABC S/o PQR
Indian inhabitant
residing at ___________ ........ Petitioner
V/s

1. State of Maharashtra at the instance of

The Inspector of Police In-charge of ________Police Station ........ Respondent

CRIMINAL ANTICIPATORY BAIL APPLICATION UNDER SECTION 438 OF THE
CRIMINAL PROCEDURE CODE, 1973.
To
THE HON’BLE PRINCIPAL JUDGE AND HIS COMPANION JUDGES OF THIS
HON’BLE COURT.THE HUMBLE PETITION OF THE PETITIONER
ABOVENAMED:MOST RESPECTFULLY SHEWETH:
1.     The petitioner is a citizen of India. The petitioner is about ___years old and is
unmarried. The petitioner is a permanent resident of --------, residing at the address as
mentioned in the cause title since birth. The petitioner is the son of ____________, who
is the co-owner of the aforesaid premises. The petitioner’s father shares the said
premises amongst others with one of the petitioner’s uncle named ----. The petitioner’s
father and the said ---- are also partners in a firm called M/s. _____________ situated at
_______________________.
2.     The petitioner’s father and the said ----- are involved in various civil disputes
relating to the said partnership firm, the residential premises and other commonly held
properties. There are many cases and proceedings pending in different courts in
Mumbai relating to the same. The said ---- has also time and again dragged the
petitioner’s father and his family to the Criminal courts and/or police station. However on
each of the occasions the said ----- has met with no success but continues to harass the
petitioner, his parents and other family members by lodging false, frivolous and
mischievous complaints one after the other.
3.     The petitioner understands that the said ----- has filed a complaint on or around
_________ in the ____________ under Sections _____________ of the Indian Penal
Code against the petitioner’s father and six of his family members including the
petitioner and two female and one male staff working for the petitioner’s father at the
aforesaid premises. The petitioner says and submits that the said complaint has been
filed by the said ---------- as a continuation of the process of harassment and vendetta
against the petitioner’s father and with a view to coerce and threaten the petitioner into
submission in relation to the civil disputes pending between the petitioner and the said
---------. The petitioner states that on the said date of __________, the said --------had
stolen the petitioner’s mobile phone and the petitioner had lodged an N.C. complaint
(being complaint No._________ of 20…) at the _________ police station. The
complaint by …… is merely a counter blast.
4.     The petitioner apprehends that on the basis of the allegations contained in the said
counter complaint of LMN the police authorities are likely to arrest / detain him. The
petitioner is a respectable citizen of India and is well known in the locality where he
stays. The petitioner is an educated youth being _________ (mention the educational
qualifications). The petitioner is an Income-tax assessee. The petitioner has acquired
his reputation which would be tarnished if he is arrested and/or detained. The petitioner
has done nothing to warrant that his reputation to be harmed at the behest of his
disgruntled uncle, i.e. said Mr. ---------
5.     The petitioner says that the nature of disputes between his father and his uncle are
civil and the courts are fully seized of the same and as a law abiding citizen of the
country the petitioner shall abide by the verdict of the Honorable courts.
6.     The petitioner says and submits that there is no allegation against him requiring
custodial interrogation and therefore prays that in the event of the petitioner’s arrest by
the _____________Police Station on the basis of the aforesaid allegations made by
-------, this Honorable court be pleased to release him on Bail on such terms and
conditions and on such amount as this Honorable court may deem fit and proper. The
petitioner undertakes to extend his fullest co-operation to the police and report at the
police station as and when required for any investigation. The petitioner has his roots in
Mumbai and is living in Mumbai since his birth. The petitioner’s father is the co-owner of
immovable property _________________________ (describe the immovable property
and give its address in detail). The petitioner, his brother and his parents are all residing
together at ______________________ (Give residential address in full). There is no
apprehension of the petitioner absconding. There is no threat of the petitioner tampering
with the evidence in any manner whatsoever.
The petitioner therefore prays:
a.     that in the event of the arrest of the petitioner by the __________ Police station on
charges arising out of the complaint made by -------, the Inspector of Police be directed
to release the petitioner on bail of such amount and on such terms and conditions as
this Honorable court may deem fit and proper;
b.    for such other and further reliefs as may be deemed fit and proper in the facts and
circumstances of the case.
Mumbai dated this ________ day of _________, 20….
Petition drawn by: Petitioner
Advocate for the Petitioner
VERIFICATION
      I. ---- S/o ----------, the petitioner above-mentioned, do solemnly affirm that what is
stated in this petition save and except legal submissions is true to my personal
knowledge.
Solemnly affirmed at ----on) this ______ day…… of , 20…)
Petitioner
Before me
Advocate for the petitioner.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY 
CRIMINAL APPELLATE JURISDICTION 
CRIMINAL ANTICIPATORY BAIL APPLICATION NO.: - OF 20--
DISTRICT:  
First Application for Anticipatory bail, in Hon’ble High Court 
u / s. 438 of Cr.P.C. in connection with -------
Police Station C. R. No.------ /---/---/--- registered under Section -------------
ABC , ) 
Age ------------- years, Occ. ------------ ) 
-------------- ) 
-----, Dist. ----- ) Applicant 
Versus 
THE STATE OF MAHARASHTRA ) 
[----Police Station] ) Respondent 
TO, 
THE HONORABLE CHIEF JUSTICE AND THE 
OTHER HONORABLE COMPANION JUDGES OF 

THE HONORABLE HIGH COURT OF JUDICATURE 

AT BOMBAY. 
THE HUMBLE APPLICATION OF THE 
APPLICANT ABOVENAMED 

MOST RESPECTIFULLY SHEWETH: 

1. The Applicants approaches this Hon’ble Court with the prayer that this Hon’ble 
Court may be pleased to exercised its jurisdiction under section 438 of Cr. P. C. 
and this Hon’ble court may be pleased to release the Applicant above named on 
bail on any suitable terms and conditions, as this Hon’ble Court may deem fit and 
proper, in the event of his arrest in connection with the ------------Police 
Station C. R. No. I – 123 / 2022 registered under Section------------
. 
2. The brief facts of the prosecution case as revels from F.I.R. are as under: 
The complainant----------, R/o. ------- has lodged FIR against the 
applicant and others on 15/9/2022 at 4:30 a.m. in respect of the incident that 
allegedly took place on ---/---/20.. at a.m/pm. 
The complainant has alleged that he was having love affair with one Ashu, 
i.e. the daughter of the present applicant since last --- month and when her 
parents came to know about the same, they stopped her college and tuitions 
since three month and therefore the complainant could not meet her and they 
were communicating on phone or through SMS. It is alleged that prior to –  
days the said Ashu asked the complainant to meet her on --/---/---- at 2:00 a.m. /pm
It is alleged that accordingly the complainant went near the house of said 
Ashu and was waiting for her; however she did not came. It is alleged that while 
the complainant was proceedings towards the house of the said ------ i.e. 
Applicant’s house, he was given blows by sharp edged weapon on his head and 
back and thereafter he fell down and he was assaulted by fist blows and at that 
time he saw the faces of the assailants. It is alleged that at that time his gold 
chain and mobile was snatched. The complainant has alleged that 1) ABC, 2) 
DEF, 3) GHI, 4) JKL, 5) MNO, 6) PQR, 7) STU, 8) UWX and 9) YZA and some 
others were the person who assaulted him. 
The complainant further alleged that the accused thereafter took him near 
the house of ABC / Applicant and he was thrown there and thereafter Police 
came to the spot and he was taken to the Rural Hospital. The statement of 
complainant was recorded and offence was registered against the Applicant and 
others vide ------Police Station C. R. No. I –----------registered under 
Section -----------
Here to annexed and marked as “Exhibit – A ” is the Copy of the said 
F.I.R. in ------------Police Station C. R. No. I – --------
3. The Applicant states that the FIR lodge by the complainant is absolutely false and 
on the contrary the complainant tried to outrage the modesty of one Ms. YZA i.e. 
the niece of the present applicant. She has contended that she slept in her house 
along with her family members on that day and she wake up at about a.m. 
on -------- for answering natures call and while she was proceeding to 
bathroom, which is at a distance of 50 feet from her residence, one person i.e. 
Ramesh Rai hugged her from behind in indecent manner and she started 
shouting and her family members gathered and caught him. At that time while he 
was trying to escape, he felled down and sustained injuries on his head. At that 
time the Applicant made phone call to police and they took Ramesh along with 
them and the complainant thereafter lodged FIR against said Ramesh Rai and on 
the basis of said complaint offence came to be registered against said ----
whatsoever in respect of averments made therein. For the purpose of maintaining
privacy the names of the parties / village / police station have been changed. 
---- vide East Police Station C. R. No. I – 456 / 2022 under Section 
354 of I.P.C. Here to annexed and marked as “Exhibit – B” is the Copy of the 
said F.I.R. in ----- Police Station C. R. No. I – 456 / 2022 
4. The Applicant states that after the said incident one YZA (sister in law of the 
Applicant) called the police to the said spot and she immediately went to the 
Police Station; however instead of recording complaint of YZA, the Police first 
recorded the complaint of said Ramesh Rai and initially the YZA was made to sit 
in the Police Station and then she was arrested and some other accused were 
also came to be arrested 
5. The Applicant states that the Applicant was a councilor ------ in the last term and
presently his wife is the councilor of said Council. 
The Applicant states that the Applicant is a active worker of ------ and 
he is also associated with various social and welfare activities in -------. The 
Applicant is falsely implicated in the alleged office on account of political motive. 
6. The Applicant states that in the circumstances the Applicant preferred an 
Application for Anticipatory bail bearing No. ----- and after hearing both the 
side the Ld. Addl. Sessions Judge, -----by an Order dated ----- rejected 
the said Application. The Copy of the said Order dated 30/9/2022 passed by the 
Ld. Addl. Sessions Judge, ------ below Exh. 1 in Cri. Anticipatory Bail Appln. 
No. ---- is annexed herewith and marked as “Exhibit – B”. 
7. The Applicant states that the investigation of the offence has been practically 
completed considering the facts and circumstance it cannot be said that any 
offence u/s. 307 has been made out by the complainant. The applicant states that 
for the reasons stated above the applicant above named has reasons to believe 
that he may be arrested by the police on the accusation of having committed a 
non-bailable offence and therefore the Applicant approaches this Hon’ble Court 
for releasing him on bail in the event of his arrest (anticipatory bail) on the 
following amongst many others grounds, which are pleaded without prejudice to 
one another: 
GROUNDS 
1. That the Applicant is innocent and he is falsely implicated in the alleged 
offence. He has nothing to do with the alleged offence. 
2. That assuming the allegations made by the prosecution true for the sake of 
argument, the incident occurred in such situation that it can be seen that there 
was neither any motive nor intention to -----the complainant and as such the 
present applicant cannot said to have committed an offence punishable u/s. 
---- of I.P.C. 
3. That the Complainant is residing at ------ and where as the accused 
Applicant are residing at ------and considering the distance, 
there was no reason for the complainant to come near the residence of the 
Applicant at about a.m./p.m and that itself show the mala fide intentions of 
the complainant. 
4. That the complainant was admitted in hospital from 15/9/2022 to 26/9/2022 
and he has been discharged from the hospital and even injuries sustained by 
him are not serious. That apart the alleged weapons of assault and the mobile 
has been recovered and as such the presence of the applicant for custodial 
interrogation is not necessary. 
6. That taking in to consideration the totality of the circumstance by no stretch 
of imagination it can be said that the applicant can be held guilty of the offence
punishable u/s. --- of I.P.C. punishable with death or imprisonment for life. 
7. That the Applicant is residing at the address mentioned herein above, along 
with his family and as such he will not abscond anywhere if he is released on bail. 
8. The Applicant undertakes that he shall make himself available for interrogation by the
police officer, in connection with this offence as and when 
required. 
9. That the Applicant was elected as councilor of ---------------
and he has been implicated in the said offence with some mala fide political 
motive; 
10. That offence u/s. 354 of IPC is registered against the Complainant and it was 
the Applicant’s sister in law, who made a phone call to the Police for informing 
the said incident to police and only on the basis of phone call made by her, 
the Police visited the spot. 
11. That as per the observation of medical officer, the complainant sustained the 
injury due to blunt object and it falsifies the allegation of the complainant that 
the injury was caused by a sharp edged weapon and considering the nature 
and place of injury the allegations made by the complainant that he was 
assaulted from the back side are apparently false and on the contrary it 
support the story narrated by ----
12. That the Applicants craves leave to add, alter or amend any of the ground 
aforesaid. 
13. That the accused Applicants are ready and willing to furnish reasonable 
surety that this Hon’ble court deem fit. 
14. That the Applicant is ready and willing to abide by the terms and conditions 
put by this Hon’ble court, if he is released on anticipatory bail. 
15. That the accused Applicant will not misuse the liberty and will not tamper the 
evidence. 
16. That there are no criminal antecedents against the Applicant. 
17. No other application is filed in Supreme Court or any other Court regarding 
the Subject matter. 
In the circumstances aforesaid the Applicants prays that, 
a) The Accused Applicants above named may please be released on bail in the 
event of his arrest in connection with------ Police ------
registered under Section -------
on such terms and condition as this Honourable Court may deem fit and proper. 
b) That pending the hearing and final disposal of this application the applicant be 
released on interim bail in the event of his arrest, in connection with the 
Police Station -----registered under Section -------
on such terms & conditions as this Hon’ble court deem fit and proper; 
c) Ad-interim relief, in terms of prayer clause (b) above, 
d) And for such other and further relief as the nature and circumstance of the case may
require. 

AND FOR WHICH ACT OF KINDNESS AND JUSTICE,

THE APPLICANT SHALL AS IN DUTYBOUND EVER PRAY. 
MUMBAI DATED:----- /---- / 20… 
Applicant -------------------Advocate for the Applicant 
VERIFICATION 
I Shri. ------, Age - years, the Applicant above named, residing at village ----
-----------Dist. Thane do hereby state on solemn affirmation that what is stated in 
the above paragraphs is true & correct to the best of my knowledge & information, 
which I believe to be true. 
------Date:---- /---- / 20…. 
Applicant I know the deponent. 
Advocate for Applicant 

DRAFT REPLY BY RESPONDENT 

IN THE HIGH COURT OF JUDICATURE AT BOMBAY 
CRIMINAL APPELLATE JURISDICTION 
CRIMINAL ANTICIPATORY BAIL APPLICATION NO.: - OF----
DISTRICT:----) Applicant 
Versus 
THE STATE OF MAHARASHTRA ) 
------Police Station] ) Respondent 

AFFIDAVIT IN REPLY ON BEHALF OF ----THE ORI. COMPLAINANT 

I, Smt. -----, Aged ---- years, residing at xxx, the original complainant, do 
hereby state on solemn affirmation as under: 
1) I say that I am the original complainant in the offence registered vide C. R. 
No. I – 123/2022 by Ramnagar Police Station against the accused / applicant 
u/s. Section 307, 392, 323, 143, 323, 143, 144, 147, 148, 149 of I.P.C. and 
37(1)135 of B. P. Act. I say that I have gone through the applications for 

Anticipatory bail filed by the Applicant / accused and I am filing the present 
affidavit in reply for the purpose of opposing the said applications and also for 
the purpose of narrating few necessary facts, which are suppressed and/or 
falsely narrated by the Applicant in his Application. 
This Draft was actually filed in the Court which is shown in the title clause and same is
authored by Mr. Shreekant V. Gavand, Advocate High Court. This draft is uploaded only
for the information of Students in Oriental College of Law, Navi Mumbai. The
Management or the Law College authorities owes no responsibility whatsoever in
respect of averments made therein. For the purpose of maintaining privacy the names
of the parties / village / police station have been changed. 
2) I say that the true facts of the present case are as under: 
a) b) c) .............................. 
3) I say that in the circumstances I have lodged FIR against the accused. I say 
that the averments made in the FIR are true and correct and same may be treated as
part and parcel of the present affidavit. 
4) Add - Grounds Justifying how the offence falls within the four corners of the sections 
5) I say that accused has committed offence punishable u/s. 999 of IPC and other 
sections as stated in FIR and relief of pre-arrest bail cannot be granted to the accused. 
6) I say that there is prima facie case against the accused and as such benefit of 
pre-arrest bail cannot be given to the accused and therefore in the facts and 
circumstances of the case the applications for anticipatory bail filed by the 
Accused may kindly be rejected. 
AND FOR WHICH ACT OF KINDNESS AND JUSTICE, THE APPLICANT SHALL 
AS IN DUTYBOUND EVER PRAY. 
DATED: / / 20 Respondent 
Advocate for the Applicant 
VERIFICATION 
I Shri.------, Age -----years, the Applicant above named, residing at village -----Dist.
Thane do hereby state on solemn affirmation that what is stated in the above
paragraphs is true & correct to the best of my knowledge & information, which I believe
to be true. 
Date: / / 20 
Respondent I know the deponent. 
Advocate for Applicant 
Format of Application for surrender of the accused
of Application for surrender of the accused
IN THE COURT OF _______, SESSIONS JUDGE, ____
In the matter of :
____ Versus ______
FIR No. ______
U/S : ____ IPC
P.S. ____ District ____
Next Date of Hearing – ____

APPLICATION FOR SURRENDER OF THE ACCUSED/APPLICANT ______

RESPECTFULLY SHOWETH:
1- That the above noted case is pending adjudication in this Hon’ble court and is fixed
for ____.
2- That the applicant/accused moved an application for interim bail on _____ before this
Hon’ble court and this Hon’ble court was pleased to release the accused on interim bail
vide order dated _____ for the period upto ____.
3- That the ___ of the ____ of the applicant/accused namely ____ is _____. The copy of
the medical certificate issued by ____ has already been placed on record on ____. It is
further submitted that the applicant/accused appeared before this Hon’ble court on____
and the case was adjourned for ____.
4- That now the applicant is surrendering herself today before this Hon’ble court.
PRAYER
It is, therefore, most respectfully prayed that the surrender of the accused may kindly be
accepted and she may kindly be taken into custody.
Dated ______ APPLICANT/ACCUED
_____ S/o ____ R/o ______
Through counsel
ANTICIPATORY BAIL FORMAT TO BE FILED BEFORE THE HIGH COURT IN THE
EVENT OF THE APPLICATION FOR ANTICIPATORY BAIL BEING DISMISSED BY
THE SESSIONS COURT

BEFORE THE HIGH COURT AT

(give the name of the High Court where the anticipatory bail application format India is
being filed)

IN THE MATTER OF
STATE
VS
(Mention the name of the accused)
FIR Number: (Mention the FIR number)
Under Section: (Mention the sections under which the FIR has been filed)
Police Station: (Mention the name of the Police Station)

APPLICATION U/S 438 CRPC FOR GRANT OF ANTICIPATORY BAIL ON BEHALF

OF THE ACCUSED
( name of the applicant of the bail)
MOST RESPECTFULLY SUBMITTED AS UNDER :-
1. That the present FIR has been registered on false and bogus facts. The facts stated
in the FIR are fabricated, concocted and without any basis.
2. That the police has falsely implicated the applicant in the present case, the applicant
is a respectable citizen of the society and is not involved any criminal case.
3. That the facts stated in the complainant against the applicant are civil disputes and
does not constitute any criminal offence at all.
4. That the applicant is not required in any kind of investigation nor any kind of custodial
interrogation is required.
5. That the applicant is having very good antecedents, he belongs to good family and
there is no criminal case pending against them.
6. That the applicant is a permanent resident and there are no chances of his
absconding from the course of justice.
7. That the applicant undertakes to present himself before the police/court as and when
directed.
8. That the applicant undertakes that he will not, directly or indirectly make any
inducement, 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.
9. That the applicant further undertakes not to tamper with the evidence or the
witnesses in any manner.
10. That the applicant shall not leave India without the previous permission of the Court.
11. That the applicant is ready and willing to accept any other conditions as may be
imposed by the Court or the police in connection with the case.
12. That the Court below has failed to consider all the facts and circumstances of the
case and has wrongly dismissed the anticipatory bail application.
13. That any other anticipatory bail application has not been filed by the applicant
against the same FIR before any other court except for the present bail application.
14. That all the documents filed before the court below are being filed along with the
present application for anticipatory bail.
It is therefore prayed that the court may direct the release the applicant on bail in the
event of his arrest by the police.
Any other order which the court may deem fit and proper in the facts and circumstances
of the case may be also passed in favor of the applicant.
APPLICANT
THROUGH
COUNSEL

IMPORTANT TIPS FOR FILING OF ANTICIPATORY BAIL BEFORE HIGH COURT:

Bail application be signed by the accused.
Affidavit in support be also filed along with.
Power of Attorney or Vakalatnama be filed along with.
Proper court fees on anticipatory bail application as well as on the power of attorney be
affixed.
Copy of FIR be filed along with a true types and translated copy of the FIR if the same is
in vernacular.
All relevant documents be filed along with the anticipatory bail application before
sessions court.
The anticipatory application must mention about non filing of any other bail application
before any other court.
Copy of the bail order of the sessions court be filed along with the anticipatory bail
format India before the High Court.
Copy of the relevant documents and the documents filed before the Sessions court be
filed.
If the charge sheet has been filed then the copies of the same need to be attached.