Anticipatory Bail Before Sessions Judge: Draft & Format
Reference draft used in Indian courts — replace the blanks with your own case details.
In the Court of Sessions Judge at.......................................................
Criminal Misc. Case No. ................................................ of
……………………………….......
In the matter of:
An application for anticipatory bail under section 438 of the Code of
Criminal Procedure 1973
And
In the matter of:
................................................................... Petitioner
versus
The State of………………................................... Respondent
The humble petition of the petitioner above-named
Respectfully showeth:-
1. That petitioner being a …………………….…………………………..
working at………………………………………..
2. That relating with his sovereign duties he has to raid against
criminals/anti-socials.
3. That some criminals of area,
namely,……………………...............conspired to malign/harass your
petitioner publicly by implicating him and lodging an FIR at the Police
Station at………………….........
4. That petitioner being a …………………………… can not hide and if
compulsory he shall co-operate in police investigation. Anticipatory bail be
granted to petitioner. :
5. That if anticipatory bail is not allowed petitioner suffer irreparable injury.
6. That petitioner undertakes to obey all terms/conditions on passing order
of bail.
Hence prayed that Your Honour will be pleased to allow the petitioner
anticipatory bail and other order /orders as Your Honour deem fit and
proper.
And for this act of kindness your petitioner shall ever pray.
Advocate of ………………………………….
Verification I ………………………………….., son of
…………………………………….….., resi………… .......................................
do hereby solemnly affirm and say as follows:
1. I am the petitioner above-named. I know the facts and circumstances of
this case.
2. The statements in paragraphs 1 to 6 hereinabove in the petition are true
to ray knowledge and belief.
3. I sign this verification on this …………………............ at
……………………..
Solemnly affirmed by the said …………. on
this………………..at…………….. .
Notary/Magistrate
Deponent
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.
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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.