Bail format India under section 438 of the code of the criminal procedure

Bail Format under section 438 | Download PDF and Docs

The Bail Format under section 438 of the code of criminal procedure for anticipatory before the sessions court is available in PDF and Docs for free download. We have also provided bail format under section 439, bail application format under section 437 (Non-bailable offense) and anticipatory bail application.

This bail format is specially drafted for India. For services of bail format drafting and vetting of legal documents, we are providing full support through our well connected legal club of lawyers and Judges.

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Different Bail Formats with PDF and Docs

  1. Bail Application Format Under Section 439 | Download PDF
  2. Bail Format under section 438 | Download PDF and Docs
  3. Bail Format India Under Section 437 | Download PDF
  4. Anticipatory Bail Application Format India with pdf & docs

Suggested Bail Format under section 438

BEFORE THE DISTRICT AND SESSIONS JUDGE COURT AT (give the name of the District Court where the anticipatory 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)
APPLICATION U/S 438 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, the applicant is a respectable citizen of the society and is not involved in any criminal case.

3. That the facts stated in the complainant against the applicant are civil disputes and does not constitute any criminal offense 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 a 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 anticipatory bail application.

It is therefore prayed that the court may direct the release the applicant on bail in the event of his arrest by the police.

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 tips for filing Bail Format under section 438

  1. The bail format under Section 438 of the Code of Criminal Procedure is filed before the Sessions Court at first.
  2. The bail format India under Section 438 of the Code of Criminal Procedure is to be signed by the accused or the applicant of the bail.
  3. An affidavit in support of the bail format India is also to be filed along with the main application.
  4. A readable copy of the FIR is also to be filed along with the bail format India.
  5. All relevant documents are also to be filed along with the bail format India by which the applicant is seeking bail from the court.
  6. 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.
  7. 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 judicial records.

Anticipatory Bail Format India under section 438 of the Code of Criminal Procedure

NOTE: This Anticipatory bail format to be filed before the High court in the venet of the application for anticipatory bail being dismissed by the session court.

BEFORE THE HIGH COURT AT (give the name of the High Court where the anticipatory 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)

APPLICATION U/S 438 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, the applicant is a respectable citizen of the society and is not involved in any criminal case.

3. That the facts stated in the complainant against the applicant are civil disputes and does not constitute any criminal offense 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 anticipatory bail application.

It is therefore prayed that the court may direct the release the applicant on bail in the event of his arrest by the police.

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

Tips for filing Bail Application Format under section 438

  1. The bail format India under Section 438 of the Code of Criminal Procedure is to be signed by the accused or the applicant of the bail.
  2. An affidavit in support of the bail format India is also to be filed along with the main application.
  3. A readable copy of the FIR is also to be filed along with the bail format India.
  4. All relevant documents are also to be filed along with the bail format India by which the applicant is seeking bail from the court.
  5. 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.
  6. 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 judicial records.
  7. A certified or true copy of the order passed by the Sessions Court be also filed along with.

Download Bail Application Formats in PDF and Word File

  1. Bail Application Format under section 438 PDF Download
  2. Bail Application Format under section 438 Word File Download

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1 thought on “Bail Format under section 438 | Download PDF and Docs”

  1. In all Bail application, it is drafted as follows:
    In The Matter Of
    Name of Police Station, FIR No etc.
    In The Matter Of
    Provisions of Law under which accused is charged.
    In The Matter of
    State……….Complainant
    Vs
    Accused Name and Address etc….Accused (These are simply the cause in the Court.
    Recently, a new type of Draft of Bail application is insisted by the Sessions Judge, and that is:- Afetr the name of the Accused, the Judge is insisting to mention as;
    Mr.XA……….Bailor
    Vs
    State of ………….Complainant.
    The question is: in any Bail application the Bailor is not battling with the State which is the Complainant, and the Bailor is only praying to the Court for the release of the Accused on Bail, and if this direction is followed the Bail application will be like this.
    In The Matter Of
    Name of Police Station, FIR No etc.
    In The Matter Of
    Provisions of Law under which accused is charged.
    In The Matter of
    State……….Complainant
    Vs
    Accused Name and Address etc….Accused
    Vs
    Mr/Ms/Smti. Name of Bailor………Applicant
    Vs
    State of …………………………………….Complainant.
    This will make the Bailor as if he/she is battling with the State the complainant.
    Kindly comment if this is the right format. I have never seen such Bail format in any states in the Country.

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