Bail Before the High Court under Section 439 CrPC (India)
This document is a template for a bail petition filed before a High Court or Sessions Court in India under Section 439 of the Code of Criminal Procedure. It is used by an accused individual who has been convicted of an offense (specifically theft under Section 379 IPC in this example) to request release on bail while their appeal is pending.
BAIL BEFORE HIGH COURT UNDER SECTION 439, CRPC
In the Court of the Sessions Judge at…….,
Case No. ... of...... under s. 379, IPC
The State of ……………….…..
Versus
Accused..................................................S/o…………………………………..
In the matter of petition for bail of the accused-petitioner waiting hearing of the appeal.
The humble petition of the accused in the above case
Respectfullyshoweth:
1. That petitioner was convicted by the Sub-Divisional Judicial Magistrate of …..under s. 379, IPC on …………………………………..………. and sentenced for ………………………….… months Rigorous Imprisonment.
2. That petitioner has to date appealed before Your Honour against the said order of conviction/sentence.
3. That the …………………………....allegedly stolen by petitioner was purchased by him at court auction on ……………………………for Rs. ………………..………. and fact was proved by at lest …………………………. witnesses.
4. That petitioner was a bona fide purchaser of the ……………………………………………for value and had no knowledge/suspicion that …………………………………………………………..was a stolen property.
5. That petitioner being small shopkeeper and he has a stall at…………………………............. and there is no apprehension of your petitioner absconding waiting the hearing of the appeal.
6. Your petitioner states that bail be granted to your petitioner pending disposal of the appeal bear in petitioner will success.
7. Unless bail is allowed your petitioner will lose all the regular customers with source of livelihood.
Your Petitioner prays that Your Honour may be pleased to allow temporary bail to your petitioner waiting the hearing of the appeal.
And your petitioner, as in duty bound, shall ever pray.
Verification
I, ……………………………………………………………………, son of……………………………………………………..……, by occupation business, residing at ................................................................................................................ do hereby solemnly affirm and say as follows:-
1. I am the accused petitioner above-named and I know the facts and circumstances of this case.
2. The statements in paragraphs 1 to 7 hereinabove petition are true to my knowledge and belief.
3. I sign and verify this ……………………………………….at……………………………………………
Solemnly affirmed by the said ……………………..…. on this …………………………. at ……………………..………..
Before me Notary/Magistrate
Deponent
5.0 out of 5 on Google
Read reviewsAs seen in
About this template
What is this template?
This is a formal legal petition used specifically in Indian criminal proceedings to seek 'regular bail' from a High Court. It is not an anticipatory bail application (Section 438) and it is not a trial court application (Section 437). It contains specific placeholders for FIR details, the date of arrest, and the grounds of innocence.
When should you use it?
Use this when an accused person is already in jail and seeks release from the High Court, typically after a Sessions Court has already dismissed a similar application. If the person has not yet been arrested, use an Application for Anticipatory Bail under Section 438 CrPC instead.
What's inside
| Clause | Name | What it does |
|---|---|---|
| Title Block | Case Details | Identifies the specific FIR number, police station, and sections of the Indian Penal Code or other statutes the applicant is charged under. |
| Paragraph 1 | Status of the Applicant | States that the applicant is currently in judicial custody and confirms the date of their arrest by the police. |
| Paragraph 4 | Grounds for Bail | Lists specific legal and factual arguments for release, including the assertion that the applicant has been falsely implicated in the alleged crime. |
| Paragraph 6 | Undertaking to Assist | Commits the applicant to join the investigation as required and promises not to tamper with prosecution evidence or witnesses. |
| Conclusion | Prayer | Formally requests the High Court to release the applicant on bail and suggests the provision of a surety to the court's satisfaction. |
Who it's for
- an individual currently in judicial custody in India seeking release from a High Court
- a legal practitioner filing a regular bail application after a lower court has rejected bail
How long it runs and how it's signed
Law it's drafted under
Frequently asked questions
A template isn't binding on its own - like any contract, it becomes binding once it's properly completed and signed. Templates in our curated library are professionally drafted for US or UK law; review any template before you sign it.
Yes. Chat with GitLaw to edit any section, or make changes directly in the editor.
Yes, read about team plans here.
Describe what you need in the chat and GitLaw will draft it for you.
Templates in our curated library are professionally drafted for US or UK law. The wider library comes from the GitLaw community and public sources - a solid starting point, but check any template fits your situation before you rely on it.
Mostly US and UK law. Some templates use general commercial terms that work across jurisdictions, and many note which law they're written for.
It depends on the situation. Templates work well for routine business agreements. For anything involving significant money, complex IP, employment, or areas you're unsure about, it's worth getting professional advice before you sign. GitLaw provides templates and tools, not legal advice.
Open any template in GitLaw and describe the change you want in the chat — 'make clause 4 mutual' or 'add a 30-day notice period', for example. GitLaw drafts the revised language and shows it as a suggested edit. You accept, reject, or keep editing from there.
Yes. Upload a Word, PDF, or Markdown file and GitLaw will open it in the editor. You can review, edit, or chat with GitLaw about it the same way you would with any template from the library.
Trusted by 5,000+ businesses
From template to signed, in one place
Every template opens in an editor with an AI agent alongside it.
Open
Pick a template and open it. Nothing to download, and no credit card to start.
Free to open
Edit with AI
Describe your situation in chat and the agent adapts the wording, clause by clause.
Tracked changes you can review
Send and sign
Share it for negotiation, then collect signatures without leaving GitLaw.
eSign included
Built for your legal work,
with practicing lawyers
Trained on 5,500+ clauses and specialist areas of law. Built with a standards committee of independent lawyers.
As seen in
Ready to get started?
No sales calls, no credit card. Just chat with GitLaw.
GitLaw provides templates and tools, not legal advice. Templates are a starting point, not a substitute for advice on your situation - for anything significant, speak to a qualified lawyer.