CHANAKYA NATIONAL LAW UNIVERSITY

The Final draft for the fulfilment of project of “DRAFTING,

PLEADING AND CONVEYANCING”

On

“DRAFTING OF BAIL APPLICATION”

Submitted to:- Asst. Prof. B. R. N. Sarma

Faculty of Drafting Pleading and Conveyancing

Submitted by: - Harshit Gupta

Roll no.1623

4th Year B.B.A.L.L.B (Hons)

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 CONTENTS

ACKNOWLEDGEMENT.........................................................................................................3

DECLARATION.......................................................................................................................4

RESEARCH METHODOLOGY...............................................................................................5

SCOPE AND LIMITATION.....................................................................................................5

INTRODUCTION......................................................................................................................6

COMPOSITION, MEETINGS AND PROCEDURES..............................................................7

FUNCTIONS AND RESPONSIBILITIES................................................................................9

CONCLUSION........................................................................................................................12

BIBLIOGRAPHY....................................................................................................................13

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 ACKNOWLEDGEMENT

Writing a project is one of the most difficult academic challenges I have ever faced. Though this
project has been presented by me but there are many people who remained in veil, who gave
their support and helped me to complete this project.

First of all I am very grateful to my subject teacher Mr. B. R. N. Sarma without the kind support
of whom and help the completion of the project would have been a herculean task for me. She
took out time from his busy schedule to help me to complete this project and suggested me from
where and how to collect data.

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 DECLARATION

I hereby declare that the work reported in the B.B.A.LL.B (Hons.) Project Report entitled
“DRAFTING OF BAIL APPLICATION” submitted at Chanakya National Law University,
Patna is an authentic record of my work carried out under the supervision of Mr. B. R. N. Sarma
I have not submitted this work elsewhere for any other degree or diploma. I am fully responsible
for the contents of my Project Report.

Harshit Gupta

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 4th year

B.B.A.LL.B

RESEARCH METHODOLOGY
The researcher will emphasize and use the doctrinal method for this project topic.

The researcher will be collecting valuable data from library which includes the written works and
from the field. All these data will help the researcher to solve his research problem. All the
books, journals, articles published in newspapers, bodies, reports. The researcher will make use
of doctrinal. The doctrinal process includes the use of literary source.

SCOPE AND LIMITATION

This project is limited in its scope due to paucity of time, multiplicity of areas to be covered due
to inherent vastness of the subject matter and limited financial resources. However, the
reasearcher has aimed to keep a fairly broad scope in order to gain a complete picture of the
topic.

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 INTRODUCTION

The concept of bail, which is a basic part of the Indian criminal jurisprudence and it is well
recognized principle among all the judicial systems of the world. Bail, in law, means
procurement of release from prison of a person awaiting trial or an appeal, by the deposit of
security to ensure his submission at the required time to legal authority. The monetary value of
the security, known also as the bail, or, more accurately, the bail bond, is set by the court having
jurisdiction over the prisoner. The security may be cash, the papers giving title to property, or the
bond of private persons of means or of a professional bondsman or bonding company. Failure of
the person released on bail to surrender himself at the appointed time results in forfeiture of the
security. Courts have greater discretion to grant or deny bail in the case of persons under
criminal arrest.

The law lexicon1 defines bail as the security for the appearance of the accused person on which
he is released pending trial or investigation. What is contemplated by bail is to "procure the
release of a person from legal custody, by undertaking that he/she shall appear at the time and
place designated and submit him/herself to the jurisdiction and judgment of the court”.2

The Criminal Procedure Code, 1973, does not define bail, although the terms bailable offence
and non-bailable offence have been defined in section 2(a) Cr.P.C. as follows: " Bailable offence
means an offence which is shown as bailable in the First Schedule or which is made bailable by
any other law for the time being enforce, and non-bailable offence means any other offence".
Further, Sec. 436 to Sec. 450 set out the provisions for the grant of bail and bonds in criminal
cases. The amount of security that is to be paid by the accused to secure his release has not been
mentioned in the Cr.P.C. Thus, it is the discretion of the court to put a monetary cap on the bond.

1
Law lexicon by Ramanth Iyer, (3rd ed)
2
Black's Law Dictionary 177 (4th ed.)

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 TYPES OF BAILS AND THEIR CONDITION
PRECEDENT

BAIL FOR BAILABLE OFFENCES:

According to section 436 of CrPC, If the offence alleged is bailable, then, the Accused is entitled
for Bail as a matter of right, may be before Police station itself, or if forwarded to Magistrates
Court, before Magistrates court. In bailable offences bail is a right and not a favour. In such
offences there is no question of any discretion in granting bail. Bail can be claimed as of right
and there is a statutory duty imposed upon the Police Officer as well as the Court to release a
person on bail if he is prepared to give bail. Such a person can also be released on his own bond
in a fit case. It is only where the accused is unable to furnish bail then he should be kept in
detention.

The Hon'ble Supreme Court in a case3 held that: “As soon as it appears that the accused person
is prepared to give bail, the police officer or the court before whom he offers to give bail, is
bound to release him on such terms as to bail as may appear to the officer or the court to be
reasonable. It would even be open to the officer or the court to discharge such person on his
executing a bond as provided in the Section instead of taking bail from him”.

However, where the offences alleged are both Bailable and Non-Bailable, the offence would be
tried as Non Bailable offence, and benefit of securing Bail on the premise of Bailable offence
would not be available to the accused.

BAIL U/S 436-A :

There had been instances where under trial prisoners were detained in jail for periods beyond the
maximum period of imprisonment provided for the alleged offence. A new section 436A4 is
inserted in the Code to provide that where an under trial prisoner other than the offence for

3
Rasiklal V/s Kishore Khanchand Wadhwani (AIR 2009 1341)
4
cr.p.c 2005 Amendment

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which death has been prescribed as one of the punishments, has been under detention fora period
extending to one half of the maximum period of imprisonment provided for the alleged offence,
he should be released on his personal bond, with or without sureties. It is also provided that in no
case the under trial be detained beyond the maximum period of imprisonment for which he can
be convicted for the alleged offence.

BAIL FOR NON-BAILABLE OFFENCES:

The provisions of section 437 empower two authorities to consider the question of bail, namely
(1) a court and (2) an officer-in-charge of the police station who has arrested or detained without
warrant a person accused or suspected of the commission of a non-bailable offence. Although
this section deals with the power or discretion of a court as well as a police officer in charge of
police station to grant bail in non- bailable offences it has also laid down certain restrictions on
the power of a police officer to grant bail and certain rights of an accused person to obtain bail
when he is being tried by a Magistrate. Section 437, Criminal Procedure Code, deals with the
powers of the trial court and of the Magistrate to whom the offender is produced by the police or
the accused surrenders or appears, to grant or refuse bail to person accused of,or suspected of the
commission of any non-bailable offence.

The power to release on bail a person accused of a non-bailable offence is conferred upon only
one class of police officers, namely an officer-in-charge of the Police Station under section 437
sub Section (I). Since the power to grant bail is permissive and not obligatory, it has to be
exercised with great caution because of the risk and stakes involved. Before exercising his
power, a station officer ought to satisfy himself that the release on bail would not prejudice the
prosecution in bringing home the guilt of the accused. In case the officer in charge admits an
accused to bail, it is mandatory for him to record the reasons or special reasons in the case diary
and preserve the bail bonds until they are discharged either by the appearance of the accused in
court or by the order of a competent court.

For the purpose of bail in non-bailable offence, the Legislature has classified them under two
heads:

(1) those which are punishable with death or imprisonment for life;

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(2)those which are not so punishable.

In case of an offence punishable with death or imprisonment for life a station officer cannot
enlarge a person on bail, if there appears reasonable grounds for believing that he has been guilty
of such offence. The age or sex or sickness or infirmity of the accused cannot be considered by a
police officer for the purpose of granting bail. These matters may be taken in view by a court
only. An officer- in-charge of the police station may grant bail only when there are no reasonable
grounds for believing that the accused has committed a non bailable offence or when the non-
bailable offence complained of is not punishable with death or life imprisonment.

POWERS OF THE HIGH COURT OR COURT OF SESSION IN GRANTING BAIL

(SECTION 439 OF THE CODE OF CRIMINAL PROCEDURE, 1973):

According to Section 439(1) of the Code of Criminal Procedure, a High Court or Court of
Session may direct,—

(a) That any person accused of an offence and in custody be released on bail, and if the offence is
of the nature specified in sub-section (3) of Section 437, may impose any condition which it
considers necessary for the purposes mentioned in that sub-section;

(b) That any condition imposed by a Magistrate when releasing any person on bail be set aside or
modified.

However, the High Court or the Court of Sessions shall, before granting bail to a person who is
accused of an offence which is triable exclusively by the Court of Sessions or which, though not
so triable, is punishable with imprisonment for life, give notice of the application for bail to the
public prosecutor unless it is, for reasons to be recorded in writing of opinion that it is not
practicable to give such notice.

As per Section 439(2) of the Code of Criminal Procedure, a High Court or Court of Sessions may
direct that any person who has been released on bail under Chapter XXXIII (i.e., relating to bail)
be arrested and commit him to custody. The powers of the High Court in granting bail are very
wide; even so where the offence is non-bailable, various considerations will have to be taken into
account before bail is granted in case of non-bailable offence. Under Section 439(1) of the Code,

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the High Court can only release the accused in cases pending anywhere in the State on bail or
reduce the amount of bail, but cannot order the arrest or commitment to custody of any person
who has been released on bail by the lower Court but it can order to arrest the person who had
been released on bail under Section 439(2) of the Code. In a recent judgment 5, Hon’ble Supreme
Court has held that there are no restrictions on the High Court or Sessions Court to entertain an
application for bail, provided, accused is in custody. The judgment has put an to end the decades
old practice of first filing a regular Bail Application before a Magistrate having jurisdiction, and
get it rejected for the purpose of approaching the Sessions Court or High Court for bail.

ANTICIPATORY BAIL

Section 438 of Criminal Procedure Code provides for conditions under which a person
apprehending arrest on an accusation of having committed a non-bailable offence may apply for
bail. The order of Anticipatory bail is the grant of bail in anticipation of arrest and is, therefore,
effective at the very moment of arrest. It is different from an ordinary order of bail. This section
provides for an Anticipatory bail is an extraordinary remedy and should be reported to only in
special cases.

In the old code of 1898 Criminal Procedure Code there was no provision for granting of
Anticipatory Bail. It was included in the code in 1973 only after the Law Commission of India in
its 41st Report, recommended that there was a need for such a provision. Before such a provision
was in corporated there were a lot of discrepancies as regards the power- of the courts in the
absence of an express provision to grant Bail when an application of such nature was made.

The Law Commission report observed “the necessity for granting Anticipatory bail arises mainly
because sometimes influential persons try to implicate their rivals into false cases for the
purposes of disgracing them. Apart from false cases, where there are reasonable grounds for
holding that a person accused of an offence is not likely to abscond, or otherwise misuse his
liberty while on bail, there seems to be no justification to require him to first submit to custody,
remain in prison for some days and then apply for bail.6

5
Sundeep kumar bafna vs. State of maharashtra & anr Criminal appeal no. 689 of 2014 dt.27.03.2014.
6
Law Commission of India, 41st Report 1969.

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Therefore, pursuant to this recommendation, Section 438 was put into the code in order to ensure
that the life and liberty of an innocent person was not jeopardized on flimsy and frivolous
grounds at the instance of an irresponsible and unscrupulous person or an officer who may be in
charge of the prosecution.

Age old controversy over the grant of Anticipatory bail with conflicting judicial pronouncements
has been set at rest. But in its enactment, the parliament seems to have had in its view capital
offences triable by Sessions Court and the High Court, while conferring jurisdiction on those
courts only.. But, the majority of offences under various enactments are cognizable and dealt
with by the lower courts, which should have been made forum for seeking Anticipatory bail in
the interests of convenience financial and otherwise capacity of the litigant.

The High Court or the court of the session may include such conditions in the light of the facts of
the particular case, including:

 a condition that the person shall make himself available for interrogation by the police
officer as and when required;

 a condition that the person shall 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;

 a condition that the person shall not leave India without the previous permission of the
court.

Hon’ble Supreme Court while dealing the case of Siddharam Satlingappa Mhetre 7 held certain
conditions imposed by High Court to be not required & contrary to provisions of anticipatory
bail.

An accused is free on bail as long as the same is not cancelled. The High Court or Court of
Session may direct that any person who has been released on bail to be arrested and commit him
to custody on an application moved by the complainant or the prosecution. In Gurbaksh Singh

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(2011) 1 SCC 694

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Sibbia v. State of Punjab8, the Hon’ble Supreme Court held that “The distinction between an
ordinary order of bail and an order of anticipatory bail is that where the former is granted after
arrest and therefore means release from the custody of the police, the latter is granted in
anticipation of arrest and is, therefore, effective at the very moment of arrest”.

No Regular Bail shall be granted When Interim Anticipatory Bail Is Granted By Higher Courts
And Matter Is Pending:

Recently, Hon’ble Supreme Court, in the case9 has directed Trial Courts to not grant regular bail
to an accused, if he/she has already obtained an interim anticipatory bail by a superior Court and
the matter is still pending before the higher Court. The Court held that: “Once a regular bail is
granted by a subordinate Court on the strength of the interim/pre-arrest bail granted by the
superior Court, even if the superior Court is to dismiss the plea of anticipatory bail upon fuller
consideration of the matter, the regular bail granted by the subordinate Court would continue to
hold the field, rendering the ultimate rejection of the pre-arrest bail by the superior Court
meaningless,” a Bench comprising Justice Ranjan Gogoi and Justice Navin Sinha explained.

8
AIR 1980 SC 1632
9
Rukmani mahato vs. state of jharkhand (S.L.P Criminal no.2411 of 2016 dt.03-08-2017)

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 FORMAT OF BAIL APPLICATION

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.

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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

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 BAIL APPLICATION UNDER SEC. 436 CRPC
FACTS IN BRIEF

 Mr. Priyank Verma, who is originally from Champaran, Bihar, lived in Delhi with his
wife, Kalpana Verma and his father in law Puneet Verma. Mr. Priyank is at the post of
Marketing Head at the Central Head office of Infosys situated in Delhi.
 Mr. Priyank Verma has been allotted a flat from his Company which is located in Anand
Vihar Colony in Delhi. On the eventful night of 31 st December 2016, a theft had taken
place in the locality where Mr. Priyank had been allotted and the thieves were hiding in
the terrace of Mr. Priyank’s apartment.
 Since it was New Year’s Night, quite a few people of the locality were awake and they
gathered around the building to as to stop the thieves from escaping from the Terrace.
Mr. Sharma, a resident of the locality, called the police.
 Inspector Indranath Tripathi came in around 15 minutes after the call had been made. He,
along with two sub inspectors tried to go to the terrace but were resisted by Mr. Priyank
for the reason that he didn’t see the thieves going and hiding at the terrace.
 Upon this an FIR was filed against Mr. Priyank on 1 st January and he was charged under
section 186 of the Indian Penal Code and after the due orders of arrest from the
competent Magistrate, Mr. Priyank was arrested by Police on 3 January 2017.

APPLICATION

IN THE COURT OF Sessions Judge

In Re: 
Priyank Verma
SO Mr. Puneet Verma
Galaxy Apartment, Anand Vihar Colony
Delhi …. Applicant
Versus

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State ….Respondent

FIR No. : 73/2017 Dated 1st January 2017 Police Station: Anand Vihar

Offence Under Section: Section 186 of the Indian Penal Code

Application under Section 436 of Cr PC for the grant of Bail 

Respectfully Showeth: 

1. That the applicant has been involved in a false and frivolous case by one Sh. Priyank Verma
by lodging a complaint with the Anand Vihar Police Staion on 1st January 2017 for offence
under section 186 of the IPC. The applicant/accused has been arrested by the Police of Police
Station: Anand Vihar subsequent to the above complaint. 

2. That it is submitted that the allegations made against the applicant are false, frivolous and
vexatious and lack in the material substance. The applicant belongs to a very reputed family in
his locality. The allegations are that the applicant voluntarily resisted the entry of the Inspector
Indrajeet Tripathi and two sub-inspectors Sharma and Verma in the terrace of the apartment
where the thieves were hiding.

3. That the applicant is a permanent resident of Galaxy Apartments, Anand Vihar Colony, Delhi
and earning livelihood by working as marketing head in the central headoffice of Infosys
situated in Delhi. The applicant has his old father dependent upon him and the applicant is the
only bread earner for the family. 

4. That the applicant is innocent and had a reason to believe that the thieves were not hiding in
the terrace as he was there and didn’t see them enter the terrace.

5. That by getting the applicant arrested the applicant has been deprived of his valuable
fundamental right of liberty by abuse of powers and process of law by the complainant.

6. That the applicant is willing to furnish surety and bail bonds to the satisfaction of this learned
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court in case he is ordered to be released on bail. The applicant is also willing to join the
investigations and bind himself by the terms and conditions laid down by the law or by this
Hon'ble court. It is further submitted that the applicant is not at all required for the investigations.
However, if the applicant is required for investigation, the applicant/accused undertakes to be
present as and when required in accordance with the law. 

7. That neither any recovery is to be effected from the applicant nor the applicant is in a position
to temper with the prosecution evidence. The applicant will associate with the investigation
whenever required to do so. 

It is, therefore, most respectfully prayed that:- 

(a) That the applicant may be ordered to be released on bail and this application for bail may
kindly be allowed; 

(b) That the directions may be issued to the police to get the applicant medically examined at the
immediately 
(c) Such other orders be also passed in favour of the applicant as deemed fit and proper in the
facts and circumstances of the case and in the interest of justice. 

Applicant

Through Advocate 

[Kanjarwala and Co.]

Advocates For the Applicant
12th floor, Hindustan Times House
Delhi

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 BIBLIOGRAPHY
 Criminal Procedure Code
 Criminal Procedure” Edi 8th, 2004, Indian Law House, Delhi, p.735.
 Pleadings: An Essential Guide, S.P. Aggarwal, Lexis Nexis, Nagpur, 2nd ed. 2013
 https://www.legalhelplineindia.com/legal/bail-format-india/
 https://www.legalbites.in/application-for-bail/

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