Petition under Section 439 CrPC (India)
Updated 24 July 2026
This is a legal template for filing a petition in an Indian High Court to cancel bail previously granted to a respondent. It includes the necessary memo of parties, the formal petition under Section 439(2) of the Code of Criminal Procedure, a supporting affidavit, and an index for filing.
Petition under Section 439 (2) of Cr. P. C.
IN THE HON'BLE HIGH COURT OF …………………….
Cr. M. P. (M): ______ of 20..
MEMO OF PARTIES
………………………………………………………………………………….……………….Petitioner
VERSUS
…………………………………………………………………………………….…………….Respondents
Petition under Section 439 (2) of Cr. P. C. read with Section 482 of Criminal Procedure Code for cancellation of bail granted to the respondent No. ______________________ by the Ld. ____________ in Bail Application No. _____________________________________.
………………… Petitioner
______ Through, Advocate
Respectfully
1. That ________
IN THE HON'BLE HIGH COURT OF ……………………….
Cr. M. P. (M) No. :______ of 20..
………………………………………………………………….…………………………………..Petitioner
VERSUS
………………………………………………………………………………………………………Respondents
Affidavit in support of Petition under Section 439 (2) read with Section 482 of Cr. P. C.
I, ____________________________________ , do hereby solemnly affirm and declare as under:-
1. That the accompanying petition has been prepared under my instructions.
2. That the contents of paras 1 to ________________ of the accompanying petition are correct and true to the best of my knowledge.
3. That I further solemnly affirm and declare that this affidavit of mine is correct and true, no part of it is false and nothing material has been concealed therein.
Affirmed at ………………………………………….….. this the &__________________._ . Deponent
IN THE HON'BLE HIGH COURT OF …………………………….
Cr. M. P. (M) No. : ______ of 20……….
…………………………………………………………………………………….…………………..Petitioner
Versus
………………………………………………………………………………………………………...Respondents
INDEX
Sl No Annx Particulars of Documents Pages
1 Opening Sheet 1
2 Memo of Parties 2
3 Grounds of Appeal 3
4 Impugned Order
5 Power of AttornePetitioner
______ Through, Advocate
About this template
What is this template?
Petition under Section 439 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.