Bail application format under Section 437 CRPC download. How to prepare bail
application under CRPC 437 before the Magistrate. What are the documents to be
attached

Section 437 of Code of Criminal Procedure, 1973 contemplates that any person
arrested or detained in a non-bail able offence, the Court other than Sessions
Court may grant him bail

 

 

What is the format of Bail Application?
How to prepare bail application? What are the documents to
be attached with bail application? Sample format of Bail
application is given below. Please make necessary
modification on the basis of facts of the case. This is only
a draft format.

BAIL APPLICATION FORMAT INDIA UNDER
SECTION 437 OF CODE OF CRIMINAL PROCEDURE

BEFORE THE COURT OF METROPOLITAN
MAGISTRATE, AT (give the name of the police station or the
Illaka Magistrate where the bail application is being filed)

 

IN THE MATTER OF

STATE
VS
(Mention the name of the applicant)

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 under custody since: (Give the
date on which accused has been arrested)

 

APPLICATION UNDER SECTION 437 CRPC FOR
GRANT OF BAIL ON BEHALF OF THE ACCUSED (name of the
applicant of the bail along with his fathers name, address
and other details)

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 and arrested him in the present case, 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, nor any recovery is to be made at
the instance of the applicant.

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.

PRAYER
It is therefore prayed that the court may order for the
release of 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 437 OF THE CODE OF CRIMINAL
PROCEDURE:

The bail format India under Section 437
of the Code of Criminal Procedure is filed before the court
of the concerned Magistrate first who is also called the
Ilaka Magistrate.

The bail format India under Section 437
of the Code of Criminal Procedure is filed after the arrest
of the accused by the police.

The bail format India under Section 437
of Code of Criminal Procedure can be filed by any close
relative or Parokar on behalf of the accused if the bail
application is being moved when the accused is not before
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.

No court fee is to be paid on the bail
format India when the accused is in custody.

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 Jail
authorities are able to identify him properly after the
release order from the Court.