Anticipatory Bail under Section 438 CrPC (India)
Updated 24 July 2026
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
About this template
What is this template?
Anticipatory Bail under Section 438 CrPC (India) is a free, ready-to-use Crime template you can open, customize, and download on GitLaw. It gives you a professionally structured starting point, so you never have to draft from a blank page. The wording is plain and modern, organized into clear sections that are easy to read, edit, and adapt to your own situation before you share or sign it.
When should you use it?
Reach for this Crime template whenever you need a reliable agreement quickly and want to be sure the essentials are covered. It suits individuals, freelancers, startups, and established businesses alike. Instead of paying for a document drafted from scratch, you can start here, tailor the details to your arrangement, and have a polished draft ready in minutes. This version is drafted with India in mind, though you should always review the final wording against the laws that apply to you.
What's typically included?
A well-drafted Crime usually sets out the parties involved, the scope of the agreement, and each side's rights and responsibilities. Expect sections covering key terms and definitions, how long the agreement lasts, how it can be ended, and what happens if something goes wrong. This template brings those building blocks together in a sensible order, so you can focus on the specifics rather than worrying about what to include. Open it to read the full document, then sign up to edit, negotiate, and e-sign it directly in GitLaw.