Bail Bond format under 441 CrPC - Bond of accused and sureties read with 436 CrPC - In what cases bail to be taken, 437 CrPC - When bail may be taken in case of non bailable offence, 438 CrPC - Direction for grant of bail to person apprehending arrest, 438 (3) (3) Where the Court grants an interim order under sub-section (1), it shall forthwith cause a notice, being not less than seven days' notice, together with a copy of such order to be served on the Public Prosecutor and the Commissioner of Police, or as the case may be, the concerned Superintendent of Police, with a view to give the Public Prosecutor a reasonable opportunity of being heard when the application shall be finally heard by the Court.
Sample Format of Form No. 45 Bond and Bail Bond for Attendance Before Office Incharge of Police Station of Court (Section 436, 437, 438 (3) and 441) is given below.
FORM NO. 45
Bond and Bail Bond for Attendance Before
Office Incharge of Police Station of Court
(Section 436, 437, 438 (3) and 441)
In the court of Shri _____________________________________
Police Station __________________ Next date of hearing __________________
Under Section __________________ Sent to Jail on __________________
F.I.R. No. __________________
I __________________ __________________ Son of Shri__________________
Residence __________________ __________________ __________________ having been arrested or detained without warrant by the Officer In charge of ______________
Police Station for having been brought before this Honorable Court charged with the offence of __________________ __________________ and required to give surety for my attendance before such Officer of Court on condition that I shall attend such Officer Officer or Court on every day on which any investigation or trial is held with regard to such charge and in case of my making default here in myself to forfeit to Government the sum of Rs. __________________
I __________________ __________________ Son of Shri __________________
Residence __________________ __________________ __________________ hereby declare myself for the above said Shri__________________ __________________
That he shall attend the Officer-in-charge of __________________ _______________
Police Station or the Court of Shri __________________ __________________
every day on which any investigation in the charge is made or any trial on such charge is held that he shall be and re-appear before such officer or court for the purpose of such investigation to answer the charge against him ( as the case may be ) and in the case or his making default herein I have blind myself to forefeit to Govt. the sum of Rs. __________________.
Dated _____ this ____ Day __ of ___20__
Section 441 of CRPC "Bond of accused and sureties"
(1) Before any person is released on bail or released on his own bond, a bond for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed by such person, and, when he is released on bail, by one or more sufficient sureties conditioned that such person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the police officer or Court, as the case may be.
(2) Where any condition is imposed for the release of any person on bail, the bond shall also contain that condition.
(3) If the case so requires, the bond shall also bind the person released on bail to appear when called upon at the High Court, Court of Sessions or other Court to answer the charge.
(4) For the purpose of determining whether the sureties are fit or sufficient, the Court may accept affidavits in proof of the facts contained therein relating to the sufficiency or fitness of the sureties, or, if it considers necessary, may either hold an enquiry itself or cause an inquiry to be made by a Magistrate subordinate to the Court, as to such sufficiency or fitness.
Other Relevant Sections
Section 436 of CRPC "In what cases bail to be taken"
Section 437 of CRPC "When bail may be taken in case of non bailable offence"
Section 438 of CRPC "Direction for grant of bail to person apprehending arrest"