What is the format of Bail Application
under Section 439 of CRPC? How to prepare bail application
for Sessions Court? What are the documents to be attached
with bail application? Sample format of Bail application for
Sessions Court is given below. Please make necessary
modification on the basis of facts of the case. This is only
a draft format.
BAIL FORMAT INDIA UNDER SECTION 439 OF
THE CODE OF CRIMINAL PROCEDURE FOR BAIL BEFORE THE SESSIONS
BEFORE THE DISTRICT AND SESSIONS JUDGE
COURT AT (give the name of the District Court where the 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
Accused under custody since (Give the
date from when the accused is in custody)
APPLICATION U/S 439 CRPC FOR GRANT OF
BAIL ON BEHALF OF THE ACCUSED (name of the applicant of the
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, and arrested him although
the applicant is a respectable citizen of the society and is
not involved any criminal case.
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 bail application.
It is therefore prayed that the court may direct the release
the applicant on bail in the interest of justice.
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 POINTS FOR FILING OF BAIL
FORMAT INDIA UNDER SECTION 439 OF THE CODE OF CRIMINAL
The bail format India under Section 439
of the Code of Criminal Procedure can be signed by any close
relative or Parokar of the accused.
An affidavit in support of the bail
format India is also to be filed alongwith the main
A readable copy of the FIR is also to be
filed alongwith the bail format India.
All relevant documents are also to be
filed alongwith the bail format India on the basis of which
the applicant is seeking bail from the court.
The bail format India is also to be
signed by the Counsel who is filing the bail format India
either through his memo of appearance or power of attorney.
The details of the FIR, name of the
accused, fathers name of the accused should be properly
mentioned in the bail format India so that the said contents
are properly mentioned in the release order and the Jail
authorities are able to identify the accused properly.