Bail application format to file before High Court under Section 439
CRPC download. How to prepare bail application under CRPC 439 before
the High Court. What are the documents to be attached

Section 439 of Code of Criminal Procedure , 1973 contemplates that
the Sessions Court or the High Court can grant bail to a person who
has been arrested

 

 

What is the format of Bail Application
for High Court under Section 439 of CRPC? How to prepare
bail application for High Court? What are the documents to
be attached with bail application? Sample format of 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.

BAIL FORMAT INDIA TO BE FILED BEFORE THE
HIGH COURT IN THE EVENT OF THE APPLICATION FOR BAIL BEING
DISMISSED BY THE SESSIONS COURT

BEFORE THE HIGH COURT AT (give the name
of the High Court where the bail application format India is
being filed)

IN THE MATTER OF

STATE
VS
(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
Police Station)

Accused in custody since: (Give the date
since when the accused is in custody)

 

APPLICATION U/S 439 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, and has arrested him. 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
directed.

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
manner.

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.

 

APPLICANT

THROUGH

COUNSEL

 

IMPORTANT POINTS FOR FILING OF BAIL
FORMAT INDIA UNDER SECTION 439 OF THE CODE OF CRIMINAL
PROCEDURE:

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
application.

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.