Bail Petition Before a Magistrate (Non-Bailable Offence) (India) by OLL

Open Legal LibraryUpdated 19 Oct 2026

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BAIL PETITION BEFORE A MAGISTRATE

IN A NON-BAIL ABLE OFFENCE 

In the Court of ………..

Magistrate of…….Case No……….of……under section ……IPC.



The State ..................................................................................................... 

Versus



Accused …………………………..…………..….son of………………………….…… …………. 

For matter of application of ………………………………………..………… the accused for bail 

…………………………………………………….…… the accused named above humbly petition. 

Respectfully ………………….: 

1. That petitioner was arrested by the police on ……..per suspicion. That he was neither named in FIR nor he was identified by any inmate of the house, where burglary was committed during identification parade by Mr. ………………………….………………….Judicial Magistrate. 

2. That on such by police nothing incriminate found in house 

3. That petitioner being family man and can not run away. 

4. Petitioner is allowed bail as there is no legal ground for continuing detention as trial will not be completed in the near future. 

Petitioner prays that having served notice to State and hearing per bilateral Your Honourmay kind enough pleased to pass Order for releasing your petitioner on bail. 

And petitioner being duty bound, shall ever pray 

Advocate ………….. 

Verification


I, ……………………………………………………..…..son of ……………………………….…. aged …………years, by occupation business, residing at.................................................................................................................................... do hereby solemnly affirm and say as follows: 

1. I am the petitioner above-named and I know the facts and circumstances of this case. 

2. The statements in paragraphs 1 to 4 in the foregoing petition are true and correct to the best of my knowledge and belief. 

3. I sign this verification on this …. day of …………………………….. 

Solemnly affirmed by the said ……………………… 

Notary/Magistrate 

Deponent

This document is a formal legal application used to request bail for an individual accused of a non-bailable offence in an Indian Magistrate Court. It includes sections for detailing the grounds for bail, such as lack of evidence or the petitioner's ties to the community, and includes a verification section for the deponent.

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About this template

What is this template?

This is a formal court petition used to request the release of a prisoner pending trial. It is not an anticipatory bail application and it is not a bail bond. It contains specific sections for the Case Number, the sections of the IPC involved, and a formal verification section signed before a Notary or Magistrate.

When should you use it?

Use this when an individual has been arrested for a non-bailable offence and needs to apply for release through a Magistrate's court. Use an Anticipatory Bail Application instead if the arrest has not yet occurred but is feared.

What's inside

ClauseNameWhat it does
1Grounds for BailStates the petitioner was not named in the First Information Report and was not identified by house inmates during the identification parade.
2Search ResultsConfirms that the police found nothing incriminating during the search of the house belonging to the petitioner.
3Flight RiskAsserts the petitioner is a family man who cannot run away to avoid trial.
4Detention DurationArgues for release because there is no legal ground for continued detention as the trial will not finish in the near future.

Who it's for

  • an accused person in India seeking release from custody for a non-bailable offence like burglary
  • a legal practitioner filing a bail application under the Indian Penal Code before a Magistrate

How long it runs and how it's signed

How long
Used once
Signed by
Advocate, Deponent
Witness
Not required
Notarisation
Required
Also needed
Verification by solemn affirmation; Notice served to the State

Law it's drafted under

Governed by
IPC
Jurisdiction
India
Document info
MS Word. Document created on Fri Jul 24th, 2026. Last updated on Mon Oct 19th, 2026.
This document is public
Licensed under CC BY 4.0 (Attribution).
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