Bail Application

Introduction
In general, the term bail means the temporary release of an accused person on a temporary basis.
The provisions regarding the bail and bonds have been specified from section 436 to 450 of the
Criminal Procedure Code. These provisions envisaged in the code gives the brief regarding the
provisions of the bail.
The concept of bail is that it acts as security lodged by the accused person on the basis of which
he can be released on a temporary basis but needs to appear in court whenever required by the
court. The process of bail takes place while the trial of the accused person is still pending.
Generally, a person seeks this option in order to get himself released from the police custody.
The process of bail is a legitimate process.

Types of offences

Bailable offence
The bailable offence is the type of offence in which an accused person is granted bail. This type
of offences is generally punishable by the court with less than three years of imprisonment. In the
case of bailable offence the chances of getting bail are much higher.
Under section 2(a) of the code, the term bailable offence has been described as the offence which
has been specified in the first schedule of the code or if the offence is considered to be bailable
by the law in force during the time.

Non-bailable offence

The non-bailable offence is the type of offence for which an accused person is not entitled to get
bail. These are the offences which are non-bailable nature and are not shown as bailable under
the first schedule of the code. These offences are grievous in nature when compared to bailable
offences. In the case of non-bailable offences the punishment is three years or more.

In the case of bailable offence it is mandatory to grant bail to the arrested person and in case of
non-bailable offence it depends upon the discretion of the court. Section 436 of the code talks
about the cases in which bail can be taken and section 437 of the code talks about the cases in
which the bail may be taken in case of non-bailable cases.

Bail Application

IN THE COURT OF ADDITIONAL DISTRICT AND SESSION JUDGE, RAIPUR DISTRICT

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

Most Respectfully Show:

1. That the present application under section 437 of the Code of Criminal Procedure 1973 is being
filed by the Petitioner for seeking grant of bail in FIR No. registered at Police
Station . The present petition is being moved as the Petitioner has been arrested on
(give date) in connection with the said FIR. The petitioner is now in judicial/police
custody.

2. That the Petitioner is innocent and is being falsely implicated in the above said case as he has
nothing to do with the matter.

3. That the Petitioner is a law abiding citizen of India. The petitioner is gainfully carrying on the
business of at . (Give details).

4. That the Petitioner is a responsible person and is living at the above mentioned address.

5. (Give all other relevant facts, which have led to the arrest or which show the
petitioner's innocence or disassociation with the alleged offence supposed to have been
committed)

6. That the Petitioner is innocent and no useful purpose would be served by keeping him under
custody and this is a fit case for grant of bail. (It would be pertinent to mention as to the stage of
investigation or in case the charge sheet has been filed, whether charges have been imposed, evidence
has started, the length of the list of witnesses cited by the prosecution etc. as these would all be
mitigating circumstances)

7. That the Petitioner undertakes to abide by the conditions that this Honorable Court may
impose at the time of granting bail to the Petitioner and further undertakes to attend the trial on
every date of hearing.

8. That the Petitioner has not filed any other similar petition before this or any other Honorable
Court for grant of bail in case of the present FIR. (Or give details and results of earlier
applications)

PRAYER:

In view of the above stated facts and circumstances it is most respectfully prayed that this Honorable
Court may be pleased to

a. Grant bail to the Petitioner in connection with FIR No. registered under section
, for the offence of (give sections) at Police Station (give place).

b. Pass any other such order as this Honorable Court may deem fit and proper in the interest
of justice.

LMN........Petitioner

Through

ABC.........Counsel

Place:

Dated