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
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

Using this format

This is a reference draft reproduced for study and adaptation. Court rules, court fees and the correct forum vary with the facts and the value of the claim, so have the document checked and filed by an advocate. A defective application can be returned or dismissed even when the case itself is good.

Our Criminal Law team drafts and files these documents before the Calcutta High Court, city civil courts, magistrate, family and consumer courts in Kolkata. Our criminal defence team handles bail, trial and pre-trial applications in Kolkata courts.

Disclaimer: this page is a sample format reproduced for reference and study. It is not legal advice and does not create an advocate–client relationship.

Bail Application Format of Posco Act: Format & Sample

Using this format

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