Petition under Section 439 CrPC (India)
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
5.0 out of 5 on Google
Read reviewsAs seen in
About this template
What is this template?
This document is a formal legal application for regular bail filed before a Sessions Court or High Court in India. It is not an anticipatory bail application (Section 438) or a statutory bail application. It specifically includes sections for FIR details, the nature of the alleged offence, and the grounds for challenging the necessity of continued detention.
When should you use it?
Use this template when an individual has already been arrested and is currently in custody, and you need to apply for bail from a superior court. If the person has not yet been arrested, use an Anticipatory Bail Application instead.
What's inside
| Clause | Name | What it does |
|---|---|---|
| Prayer | Prayer for Bail | Requests the Court to release the Accused/Applicant on bail under Section 439 CrPC for the offences registered under the specified FIR number. |
| Grounds | Grounds for Bail | Lists specific legal and factual arguments for release, including the assertion that the Accused has been falsely implicated and will not abscond. |
| Conditions | Undertaking to Comply | Obliges the Applicant to join the investigation as required and appear before the Court on every date of hearing. |
| Verification | Verification | Contains the Applicant's sworn statement that the contents of the petition are true to their personal knowledge. |
Who it's for
- an accused person in judicial custody seeking release in India
- a legal practitioner filing a bail application under Section 439 CrPC
- individuals facing charges under the Indian Penal Code awaiting trial
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.