Section 438 The Code of Criminal Procedure, 1973 - Anticipatory Bail - Sample Application

Anticipatory Bail

Section 438 of the Code of Criminal Procedure, 1973 provides that when any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Sessions for a direction under this section, and that Court may, if it.

Full Explanation of Section 438  Cr.P.C

Points of Consideration:-

1. A person may be accused of a Bailable or a Non Bailable offence. But the Application U/s 438 Cr.P.C. can be made for every offense, even U/s 302 IPC.
2. Affidavit required by the accused/applicant.
3. You may give reference to any FIR or can make application in general form.

SAMPLE:-

BEFORE THE COURT OF SESSIONS JUDGE 

IN THE MATTER OF 

STATE 

VS 

(Mention the name of the applicant) 

FIR Number: (Mention the FIR number & DATE)

 Under Section: (Mention the sections under which the FIR has been filed)

 Police Station: (Mention the name of the Police Station)

First bail application U/S 438 Cr. P.C. on behalf of accused/applicant for

issuing the directions to the SHO/ I.O./ A.O. of Police Station: (Mention the name of the Police Station) to release the accused/applicant on bail, in event of his arrest, in the above noted case 

Hon’ble Sir,

It is respectfully submitted as under:-

1. That the accused/ applicant is law abiding and peace loving citizen and belongs to respectful family.

2. That the accused/ applicant has not committed any offence and is totally innocent.

3.  That the accused/ applicant is falsely implicated in this case and false case has been registered by the Police Station: (Mention the name of the Police Station) against the accused/ applicant.

4.  That on the bare perusal of the FIR nothing is against the accused/ applicant and no offence is made out against the accused/ applicant.

5.  That the accused/ applicant is falsely implicated in the above noted case and has not committed any offence as alleged.

6. That accused/ applicant undertakes that he will not abscond or leave the territorial jurisdiction of this Hon’ble Court without prior permission and he will also not tamper with prosecution evidence in any manner, if he is admitted to bail.

7.  That the accused/ applicant undertakes that he will not misuse the concession of bail if he admitted to bail.

8.  That accused/ applicant is ready to join the investigation as and when required.

9.  That accused/ applicant further undertakes that he will abide by all terms and conditions imposed by this Hon’ble court while granting concession of bail.      

          It is therefore prayed that necessary directions to the SHO/ I.O./ A.O. of Police Station: (Mention the name of the Police Station) to release the accused/applicants on bail, in event of his arrest, in the above noted case, may kindly be issued, in the interest of justice.

                                                     And

        It is further prayed that the applicant/ accused may also be admitted to the interim anticipatory bail till the final decision of this bail application.

Dated:

 APPLICANT 

 THROUGH COUNSEL

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