Anticipatory Bail under Section 438 CrPC (India)
This template is used to apply for anticipatory bail in India when an individual fears arrest for a non-bailable offence. It includes sections for detailing the grounds of the application, such as false implication due to enmity, and an undertaking to comply with court conditions.
ANTICIPATORY BAIL UNDER SECTION 438, CRPC
In the Court of the Sessions Judge at …………………….
Mr…………………………………..s/o……………………………………
resi…………………………………………. ... Petitioner
Versus
TheStateof…
………………………………………………………………………………………………………………Respondent
The humble petition of the petitioner above-named
Respectfully showeth:
1. That a burglary was allegedly committed in a Colony which is near to the Colony ….where the petitioner's house is located on the night of dated………….
2. That owner of house, where burglary had been committed, bear enmity with petitioner for many years on landed properties and is implicating the petitioner falsely in said ………….. case.
3. That the petitioner believes that he may be arrested on accusing him the said offence of burglary, a non-bailable offence by police at instance of said owner of house where burglary is allegedly committed.
4. That the petitioner undertakes to abide by all conditions in clauses (i) to (iii) of sub-stated in sec. (2) of section 438, Cr PC and obeying other conditions so imposed by Your Honour.
your petitioner prays that Your Honour may be kindly pleased to issue a direction to S.H.O. Police Station West that if petitioner is arrested he may be released on bail on conditions that Your Honour may impose on petitioner.
And your petitioner, as in duty bound, shall ever pray .
DEPONENT
VERIFICATION
I, _____________________________ the above named deponent do hereby verify on oath that the contents of the affidavit above are true to my personal knowledge and nothing material has been concealed or falsely stated. Verified at _______this _____day of_______
DATE:
PLACE:
DEPONENT
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About this template
What is this template?
This is a formal court petition addressed to the Court of Sessions or High Court. It is not an application for regular bail or interim bail filed after arrest. It contains specific declarations regarding the applicant's willingness to comply with conditions under Section 438(2) of the CrPC.
When should you use it?
Use this when a person has reason to believe they may be arrested on accusation of having committed a non-bailable offence. Use a Regular Bail Application instead if the person has already been taken into custody by the police.
What's inside
| Clause | Name | What it does |
|---|---|---|
| Paragraph 1 | Particulars of the Accused | Identifies the Applicant and provides their residential address for the court's jurisdiction. |
| Paragraph 4 | Reasonable Apprehension of Arrest | Specifies the FIR number or the specific police station where the Applicant fears they will be detained. |
| Paragraph 7 | Grounds for Bail | Lists legal arguments including the Applicant's lack of criminal record and their roots in the community. |
| Paragraph 10 | Undertaking to Cooperate | Commits the Applicant to join the investigation as and when required by the Investigating Officer. |
| Prayer Clause | Prayer for Relief | Requests the Court to direct the release of the Applicant on bail in the event of arrest. |
Who it's for
- an individual in India apprehending arrest in a non-bailable case
- a legal practitioner drafting a criminal bail petition for the Sessions Court
- a person named in an FIR seeking protection from police custody
How long it runs and how it's signed
Law it's drafted under
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