What is the format of Anticipatory Bail
Application for High Court? How to prepare anticipatory bail
application under section 438 of CRPC? What are the
documents to be attached with anticipatory bail application?
Sample format of Anticipatory Bail application for High
Court is given below. Please make necessary modification on
the basis of facts of the case. This is only a draft format.
ANTICIPATORY BAIL FORMAT TO BE FILED
BEFORE THE HIGH COURT IN THE EVENT OF THE APPLICATION FOR
ANTICIPATORY BAIL BEING DISMISSED BY THE SESSIONS COURT
BEFORE THE HIGH COURT AT (give the name
of the High Court where the anticipatory bail application
format India is being filed)
IN THE MATTER OF
(Mention the name of the accused)
FIR Number: (Mention the FIR number)
Under Section: (Mention the sections
under which the FIR has been filed)
Police Station: (Mention the name of the
APPLICATION U/S 438 CRPC FOR GRANT OF
ANTICIPATORY BAIL ON BEHALF OF THE ACCUSED ( name of the
applicant of the bail)
MOST RESPECTFULLY SUBMITTED AS UNDER :-
1. That the present FIR has been
registered on false and bogus facts. The facts stated in the
FIR are fabricated, concocted and without any basis.
2. That the police has falsely implicated
the applicant in the present case, the applicant is a
respectable citizen of the society and is not involved any
3. That the facts stated in the
complainant against the applicant are civil disputes and
does not constitute any criminal offence at all.
4. That the applicant is not required in
any kind of investigation nor any kind of custodial
interrogation is required.
5. That the applicant is having very good
antecedents, he belongs to good family and there is no
criminal case pending against them.
6. That the applicant is a permanent
resident and there are no chances of his absconding from the
course of justice.
7. That the applicant undertakes to
present himself before the police/court as and when
8. That the applicant undertakes that he
will not, directly or indirectly make any inducement, threat
or promise to any person acquainted with the facts of the
case so as to dissuade him from disclosing such facts to the
Court or to any police officer.
9. That the applicant further undertakes
not to tamper with the evidence or the witnesses in any
10. That the applicant shall not leave
India without the previous permission of the Court.
11. That the applicant is ready and
willing to accept any other conditions as may be imposed by
the Court or the police in connection with the case.
12. That the Court below has failed to
consider all the facts and circumstances of the case and has
wrongly dismissed the anticipatory bail application.
13. That any other anticipatory bail
application has not been filed by the applicant against the
same FIR before any other court except for the present bail
14. That all the documents filed before
the court below are being filed along with the present
application for anticipatory bail.
It is therefore prayed that the court may
direct the release the applicant on bail in the event of his
arrest by the police.
Any other order which the court may deem
fit and proper in the facts and circumstances of the case
may be also passed in favor of the applicant.
IMPORTANT TIPS FOR FILING OF
ANTICIPATORY BAIL ?BEFORE HIGH COURT:
Bail application be signed by the
Affidavit in support be also filed along
Power of Attorney or Vakalatnama be filed
Proper court fees on anticipatory bail
application as well as on the power of attorney be affixed.
Copy of FIR be filed along with a true
types and translated copy of the FIR if the same is in
All relevant documents be filed along
with the anticipatory bail application before sessions
The anticipatory application must mention
about non filing of any other bail application before any
Copy of the bail order of the sessions
court be filed along with the anticipatory bail format India
before the High Court.
Copy of the relevant documents and the
documents filed before the Sessions court be filed.
If the charge sheet has been filed then
the copies of the same need to be attached.