-DR.

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

LUCKNOW

DRAFTING, PLEADING AND CONVEYANCE

FINAL DRAFT ON:

BAIL APPLICATION: SEXUAL HARASSMENT
Submitted for the project undertaken in partial fulfilment of B.A. LL.B. (Hons.)VI Sem.
5 year integrated course at RMLNLU, Lucknow.

SUBMITTED TO: SUBMITTED BY :

MRS. SHAKUNTALA SANGAM Somya Jain
ASSISTANT PROFESSOR (LAW) B.A.LL.B. (B) VI SEM.
Dr. RMLNLU ENROLLMENT NO.- 170101142
 TABLE OF CONTENTS

CHAPTER I
1. INTRODUCTION

CHAPTER II
2. BAILABLE AND NON-BAILABLE OFFENCE

CHAPTER III
3. LEGAL POSITION IN INDIA

CHAPTER IV
4. GRANTING OF BAIL WITH CONDITION

CHAPTER V
5. CANCELLATION OF BAIL

CHAPTER VI
6. ANTICIPATORY BAIL

CHAPTER VII
7. DRAFTING OF BAIL APPLICATION

CHAPTER VIII
8. PRACTICAL PROBLEM – ANTICIPATORY BAIL IN CASE OF SEXUAL
HARASSMENT

CHAPTER IX
9. CONCLUSION
BIBLIOGRAPHY
 LIST OF CASES

Cases

Hussainara Khatoon and others v. Home Sec,State of Bihar AIR 1979 SC 1360..................10
Maneka Gandhi v Union of India AIR 1978 SC 571...............................................................10
Moti Ram and Ors. v State of M.P, AIR 1978 SC 1594..........................................................10
Public Prosecutor v. George Williams, 1951 Mad 1042.........................................................12
Rasik Lal v Kishore,(2009) 4 SCC 446......................................................................................7
State of Rajasthan v Balchand, AIR 1977 SC 2447.................................................................10
 CHAPTER I

1. INTRODUCTION

According to Criminal Procedure Code, 1973 (Cr.P.C. hereinafter), does not define bail,
although the terms bailable offense and non-bailable offense have been defined in Section
2(a) Cr.P.C. as follows: "Bailable offense means an offense which is shown as bailable in
the First Schedule or which is made bailable by any other law for the time being enforce,
and non-bailable offense means any other offense". The schedule refers to all the offenses
under the Indian Penal Code and puts them into bailable and on bailable categories. The
analysis of the relevant provisions of the schedule would show that the basis of this
categorization rests on diverse consideration. However, it can be generally stated that all
serious offenses, i.e. offenses punishable with imprisonment for three years or more have
seen considered as non bailable offenses. Further, Sections 436 to 450 set out the
provisions for the grant of bail and bonds in criminal cases. The amount of security that is
to be paid by the accused to secure his release has not been mentioned in the Cr.P.C.
Thus, it is the discretion of the court to put a monetary cap on the bond.
It must be further noted that a person accused of a bailable offenses is arrested or detained
without warrant he has a right to be released on bail. But if the offense is non-bailable that
does not mean that the person accused of such offense shall not be released on bail: but
here in such case bail is not a matter of right, but only a privilege to be granted at the
discretion of the court.
The Code of Criminal Procedure, 1973, makes provisions for release of accused persons
on bail. Section 436 of the Code provides for release on bail in cases of bailable offenses.
Section 436 provides that when person not accused of a non-bailable offense is arrested or
detained he can be detained as right to claim to be released on bail. The section covers all
cases of persons accused of bailable offences cases though not accused of any offense but
against whom security proceedings have been initiated under Chapter VIII of the Code
and other cases of arrest and detention which are not in respect of any bailable offense.
This section entitles a person other than the accused of a non-bailable offense to be
released on bail, it may be recalled that S. 50(2) makes it obligatory for a police officer
arresting such a person without a warrant to inform him his right to be released on bail.
 CHAPTER II

2. BAILABLE AND NON BAILABLE OFFENCES

BAILABLE OFFENCES

DEFINITION

Section 2(a) of CrPC defines bailable offences as the offence that has been shown in the
First Schedule as bailable or which is made bailable by any other law for the time being
in force. 

The first schedule of the CrPC is divided into two parts wherein the first part deals with
the offences given under IPC and the second part deals with the offences under other
laws. As per the last item of the First Schedule, an offence in order to be bailable would
have to be an offence which is punishable with imprisonment for less than three years or
with fine only. 

BAILABLE OFFENCES NON-BAILABLE OFFENCE

Bailable offence means an offence which is

shown as bailable in the First Schedule or
which is made bailable by any other Law
for the time being in force[1].
Bailable offences are regarded as less
grave and less serious.
Under bailable offences, bail is claimed as
a matter of right.
Non-Bailable Offence means any other
offence[2].
Bailable offences are grave and serious
offences, For example- offence of murder.
Under Non-bailable offences, bail is a
matter of discretion.

Some of the common bailable offences are: Simple Hurt (Section 337; IPC), Bribery
(Section 171E; IPC), Public Nuisance (Section 290; IPC), Death by Rash or Negligent
Act (Section 304A; IPC).

RIGHT TO BE RELEASED ON BAIL

As per Section 50 of CrPC, 

“Whenever a person is arrested without warrant, it is the duty of the police officer to

communicate the full detail of the offence for which the person is arrested. Also, if the
 offence for which the person is arrested is a bailable one, it is the duty of the police to
inform that he is entitled to be released on bail after giving surety.”

As per Section 436 of CrPC,

“Whenever a  person accused of a bailable offence is  arrested without warrant and

is  prepared to give bail, such person shall be released on bail. The discretion to decide
the bail amount is with the Court or with the officer, as the case may be.”

In the case of Rasik Lal v Kishore1, Supreme Court held that, in case a person is arrested
for any bailable offence, his right to claim bail is absolute and indefeasible and if the
person accused is prepared, the court or the police as the case may be will be bound to
release him on bail.

PROCEDURE

In order to apply for a bail in the case of a bailable offence, the person needs to fill a form
of bail i.e. Form No. 45 which is given in the first schedule and apply for bail and the
Court will have to grant bail.

NON-BAILABLE OFFENCES

DEFINITION
As per Section 2(a) of CrPC, non-bailable offence includes all those offences which are
not included in bailable offence in the First Schedule. Further, the First Schedule in its
Second part at its end has defined non-bailable offence as the offences which are
punishable with death, imprisonment of life or imprisonment for more than seven years.
RIGHT TO BE RELEASED ON BAIL
A person accused of a non-bailable offence doesn’t have right to be released on bail but
the bail can be granted at the discretion of the court, subject to certain conditions given in
Section 437 of CrPC. If a person is arrested on accusation of commission of any non-
bailable offence, then the person will not be released on bail if there appears a reasonable
ground that the person is guilty of an offence punishable with death or imprisonment of
life. A person accused with an offence punishable with death or imprisonment of life can
be released on bail if the person is:
 Below the age of sixteen years
 A woman

1
Rasik Lal v Kishore,(2009) 4 SCC 446.
  Sick
 Infirm
Further, if at any stage of investigation it appears to the Court that there are reasonable
grounds for believing that the person has not committed a non-bailable offence, the
person may be released on bail at the discretion of Court on execution of a bond.

In a case a person is accused with commission or abetment or conspiracy or attempt to

commit any offence against state or with offences affecting human body or with offences
against property may be released on bail but the Court may impose conditions that it
deems necessary in order to ensure that the person shall
Attend the Court in accordance with the conditions of the bond executed.
Not commit any offence similar to the offence of which he is accused or suspected.
In the case triable by Magistrate, if the trial of a person accused with a non-bailable
offence is not concluded within a period of sixty days, such person will be released on
bail. The condition for granting the bail is that the person needs to be in custody during
whole period. If the bail is not granted to such a person, the reason for not granting the
bail will be recorded in writing by the Magistrate. Further, if the person accused of non
bailable offence is granted bail because of any of the conditions mentioned above,
the authority granting the bail will have to record the reason in writing.
 CHAPTER III

3. LEGAL POSITION IN INDIA

The Criminal Procedure Code, 1973 (Cr.P.C. hereinafter), does not define bail, although
the terms bailable offence and non-bailable offence have been defined in section 2(a)
Cr.P.C. as follows: " Bailable offence means an offence which is shown as bailable in the
First Schedule or which is made bailable by any other law for the time being enforce, and
non-bailable offence means any other offence". Further, ss. 436 to 450 set out the
provisions for the grant of bail and bonds in criminal cases. The amount of security that is
to be paid by the accused to secure his release has not been mentioned in the Cr.P.C..
Thus, it is the discretion of the court to put a monetary cap on the bond. Unfortunately, it
has been seen that courts have not been sensitive to the economic plight of the weaker
sections of society. The unreasonable and exorbitant amounts demanded by the courts as
bail bonds clearly show their callous attitude towards the poor.
One of the reasons for this is, as already mentioned above, is the large scale poverty
amongst the majority of the population in our country. Fragmentation of land holdings is
a common phenomenon in rural India. A family consisting of around 8 out of 10 members
depends on a small piece of land for their subsistence, which also is a reason for disguised
unemployment. When one of the members of such a family gets charged with an offence,
the only way they can secure his release and paying the bail is by either selling off the
land or giving it on mortgage. This would further push them more into the jaws of
poverty. This is the precise reason why most of the under trials languish in jail instead of
being out on bail.
JUDICIAL TREND
An overview of the following cases highlight the adverse condition of the poor with
regard to the unjust bail system in India. In the State of Rajasthan v Balchand2, the
accused was convicted by the trial court. When he went on appeal the High Court, it
acquitted him. The State went on appeal to the Hon'ble Supreme Court under Art. 136 of
the Constitution through a special leave petition. The accused was directed to surrender
by the court. He then filed for bail. It was then for the first time that Justice Krishna Iyer
raised his voice against this unfair system of bail administration. He said that though

2
State of Rajasthan v Balchand, AIR 1977 SC 2447.
 while the system of pecuniary bail has a tradition behind it, a time for rethinking has
come. It may well be that in most cases an undertaking would serve the purpose.
In Moti Ram and Ors. v State of M.P3, the accused who was a poor mason was convicted.
The apex court had passed a sketchy order, referring it to the Chief Judicial Magistrate to
enlarge him on bail, without making any specifications as to sureties, bonds etc. The CJM
assumed full authority on the matter and fixed Rs. 10,000 as surety and bond and further
refused to allow his brother to become a surety as his property was in the adjoining
village. MR went on appeal once more to the apex court and Justice Krishna Iyer
condemned the act of the CJM, and said that the judges should be more inclined towards
bail and not jail.
In Maneka Gandhi v Union of India4, Justice Krishna Iyer once again spoke against the
unfair system of bail that was prevailing in India. No definition of bail has been given in
the code, although the offences are classified as bailable and non-bailable. Further Justice
P.N.Bhagwati also spoke about how unfair and discriminatory the bail system is when
looked at from the economic criteria of a person this discrimination arises even if the
amount of bail fixed by the magistrates isn't high for some, but a large majority of those
who are brought before the courts in criminal cases are so poor that they would find it
difficult to furnish bail even if it's a small amount.
Further, in Hussainara Khatoon and others v. Home Sec, State of Bihar 5 , the Court laid
down the ratio that when the man is in jail for a period longer than the sentence he is
liable for then he should be released.

3
Moti Ram and Ors. v State of M.P, AIR 1978 SC 1594
4
Maneka Gandhi v Union of India AIR 1978 SC 571.
5
Hussainara Khatoon and others v. Home Sec,State of Bihar AIR 1979 SC 1360.
 CHAPTER IV

4. GRANTING OF BAIL WITH CONDITIONS

Section 437 of the Code provides for release on bail in cases of non-bailable offenses. In
such cases, bail is not a matter of right. Court has sufficient discretion to deny or to grant
bail. First Schedule to the Code provides the list of bailable and non-bailable offenses.
Further cases often arise under S. 437, where though the court regards the case as fit for
the grant of bail, it regards imposition of certain conditions as necessary in the
circumstances. To meet this need sub-section (3) of S. 437 provides:
When a person accused or suspected of the commission of an offense punishable with
imprisonment which may extend to seven years or more or of an offense under Chapter
VI, Chapter XVI or Chapter XVII of the Indian Penal Code (45 of 1860) or abatement of,
or conspiracy or attempt to commit, any such offense, is released on bail under sub-
section (1), the Court may impose any condition which the Court considers necessary: -
(a) In order to ensure that such person shall attend in accordance with the conditions of
the bond executed under this Chapter, or (b) In order to ensure that such person shall not
commit an offence similar to the offence of which he is accused or of the commission of
which he is suspected, or (c) Otherwise in the interests of Justice.
It will be noticed that: -
1) The power to impose conditions has been given to the court and not to any police
officer
2) The power to impose conditions can only be exercised –
 Where the offence is punishable with the imprisonment which may extend to
seven years or more or,
 Where the offence is one under Chapter VI (Offences against the State),
Chapter XVI (offences against the human body), or Chapter XVII (offences
against the property) of I.P.C, or
 Where the offence is one of the abetment of or conspiracy to or attempt to
commit any such offence as mentioned above in (i) and (ii).
 CHAPTER V

5. CANCELLATION OF BAIL

According to S. 437(5), any court which has released a person on bail under (1) or sub sec
(2) of S. 437 may if considers it necessary so to do, direct that such person be arrested and
committed to custody.
The power to cancel bail has been given to the court and not to a police officer. Secondly,
the court which granted the bail can alone cancel it. The bail granted by a police officer
cannot be cancelled by the court of a magistrate. For cancellation of bail in such a
situation, the powers of the High Court or Court of Session under S. 439 will have to
invoke. Rejection of bail when bails applied for is one thing; cancellation of bail already
granted is quite another. It is easier to reject a bail application in a non-bailable cases than
to cancel a bail granted in such case. Cancellation of bail necessary involves the review of
a decision already made and can large be permitted only if , by reason of supervening
circumstances it would be no longer conducive to a fair trial to allow the accused to retain
his freedom during the trial. However, bail granted illegal or improperly by a wrong
arbitrary exercise of judicial discretion can be cancelled even if there is absence of
supervening circumstances. If there is no material to prove that the accused abused his
freedom court may not cancel the bail.
In Public Prosecutor v. George Williams 6, the Madras High Court pointed out five cases
where a person granted bail may have the bail cancelled and is recommitted to jail:
(a) Where the person on bail, during the period of the bail, commits the very same offence
for which is being tried or has been convicted, and thereby proves his utter unfitness to be
on bail;
(b) If he hampers the investigation as will be the case if he, when on bail; forcibly
prevents the search of place under his control for the corpus delicti or other incriminating
things;
(c) If he tampers with the evidence, as by intimidating the prosecution witness, interfering
with scene of the offence in order to remove traces or proofs of crime, etc.
(d) If he runs away to a foreign country, or goes underground, or beyond the control of
his sureties; and (e) If he commits acts of violence, in revenge, against the police and the
prosecution witnessed & those who have booked him or are trying to book him.

6
Public Prosecutor v. George Williams, 1951 Mad 1042.
 CHAPTER VI

6. ANTICIPATORY BAIL

Section 438 of the Code of Criminal Procedure, 1973 deals with the provisions regarding the
Anticipatory Bail. The words “anticipatory bail” have not been defined in the code. The
expression “anticipatory bail” is a misnomer and the order becomes operative only on arrest.

Section 438 of the Code reads as under:-

“Direction for grant of bail to person apprehending arrest”

Where any person has reason to believe that he may be arrested on accusation of having
committed a non-bailable offence, he may apply to the High Court or the Court of Session for
a direction under this section that in the event of such arrest he shall be released on bail; and
that Court may, after taking into consideration, inter-alia, the following factors, namely-

 The nature and gravity of the accusation;

 The antecedents of the applicant including the fact as to whether he has previously
undergone imprisonment on conviction by a Court in respect of any cognizable
offence;
 The possibility of the applicant to flee from justice; and.
 Where the accusation has been made with the object of injuring or humiliating the
applicant by having him so arrested, Either reject the application forthwith or issue
an interim order for the grant of anticipatory bail:

Provided that, where the High Court or, as the case may be, the Court of Session, has not
passed any interim order under this Sub-Section or has rejected the application for grant of
anticipatory bail, it shall be open to an officer in-charge of a police station to arrest, without
warrant the applicant on the basis of the accusation apprehended in such application.
 CHAPTER VII

7. FRAMING OF BAIL APPLICATION

A person may be accused of a Bailable or a Non Bailable offence. In case of a bailable

offence, the accused has a right to secure his release by applying for bail under S. 436(1)
of Cr P C, while in case of non-bailable offence, the accused may be released by the court
on its discretion after he applied for bail under S. 437(1) of Cr P C. In case of a bailable
offence, if the accused in indigent, he may be released my executing a personal bond
without sureties.
The application for bail is made to the court in which the accused is tried (that depends on
the offence). However, S. 439 gives special powers to HC and Court of Session to release
a person on bail (after imposing certain conditions), and so an application may be made
to HC or Court of Session as well if the person is under arrest. No Verification, Notary,
and Affidavit required.
Bail laws in India are described under Section 437, 438, 439 of Code of Criminal
Procedure, 1973. A brief description of the aforesaid sections is given hereunder for ready
reference:

 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.
 Section 438 of Code of Criminal Procedure, 1973 contemplates that the Session
Court or the High Court may grant anticipatory bail to a person apprehending
arrest.
 Section 439 of Code of Criminal Procedure, 1973 contemplates that the Sessions
Court or the High Court can grant bail to a person who has been arrested.

Bail laws in India are very complicated as the bail to any accused person is at the
discretion of the court which considers the facts of the case, the conduct of the accused,
and the background of the accused, the law and several other factors. The role of a lawyer
in getting bail from the court becomes very important as the accused can be confined to
judicial custody if the case is not properly presented and contested before the court by a
competent lawyer.
BAIL FORMAT INDIA UNDER SECTION 437 OF CODE OF CRIMINAL
PROCEDURE

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 or any kind of custodial
interrogation is required, nor is any recovery 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

BAIL FORMAT INDIA UNDER SECTION 438 OF THE CODE OF CRIMINAL

PROCEDURE FOR ANTICIPATORY BEFORE THE SESSIONS COURT

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 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.

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

ANTICIPATORY BAIL FORMAT INDIA UNDER SECTION 438 OF CODE OF

CRIMINAL PROCEDURE TO BE FILED BEFORE THE HIGH COURT IN THE
EVENT OF THE APPLICATION FOR ANTICIPATORY BAIL BEING
DISMISSED BY THE SESSIONS 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 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.

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

BAIL FORMAT INDIA UNDER SECTION 439 OF THE CODE OF CRIMINAL

PROCEDURE FOR BAIL BEFORE THE SESSIONS COURT
BEFORE THE DISTRICT AND SESSIONS JUDGE COURT AT (give the name of the
District Court where the 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)

Accused under custody since (Give the date from when the accused is in custody)

APPLICATION U/S 439 CRPC FOR GRANT OF 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, and arrested
him although 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.
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 bail application.
13. It is therefore prayed that the court may direct the release the applicant on bail in the
interest of justice.
14. 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

BAIL FORMAT INDIA TO BE FILED BEFORE THE HIGH COURT IN THE

EVENT OF THE APPLICATION FOR BAIL BEING DISMISSED BY THE
SESSIONS COURT

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

Accused in custody since: (Give the date since when the accused is in custody)
APPLICATION U/S 439 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, and has arrested

him. 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.

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 bail application.
It is therefore prayed that the court may direct the release 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
 CHAPTER IX

PRACTICAL PROBLEM – ANTICIPATORY BAIL IN A CASE OF SEXUAL

HARASSMENT under Section 438 of CrPC.
'X', Research Analyst in the office of the accused at ABC & Co. since September, 2018 filed
a complaint with the Internal Complaints Committee on 09.02.2020 complaining sexual
harassment by him. After that, she was subjected to even more harassment; there were
repeated attempts by the accused to call her to his office; meet her alone and talk to her. She
lodged complaint with the police on 13.02.2020 against the accused for having committed
various offences including that of sexual harassment but it did not register the FIR promptly.
After the article regarding her complaint was carried out by the Daily Times, New Delhi on
18.02.2020, the police lodged the FIR registered under Sections 354/354A/354D/506 of IPC.
The accused filed for anticipatory bail but the same was rejected in Court of Sessions, which
is why the accused has filed for the bail in the High Court.

BAIL APPLICATION

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. The complaint has been lodged to malign his impeccable credibility
3. He has neither influenced any witness nor has interfered in the investigation. 

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 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.

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.

13. That apart, it is put forth that in the absence of any failure on his part to respect the
conditions, his liberty should not be put to jeopardy at the instance of an interested party
who is bent upon to harass him.
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
 CHAPTER VIII

8. CONCLUSION

A perusal of the above cases highlights the strong anti-poor bias of the Indian criminal
justice system. Even though the courts in some cases have tried to intervene and also have
laid down certain guidelines to be followed but unfortunately nothing has been done
about it. There is also a strong need felt for a complete review of the bail system keeping
in mind the socio-economic condition of the majority of our population. While granting
bail the court must also look at the socio-economic plight of the accused and must also
have a compassionate attitude towards them. A proper scrutiny may be done to determine
whether the accused has his roots in the community which would deter him from fleeing
from the court. The court can take into account the following facts concerning the
accused before granting him bail:
 The nature of the offence committed by the accused.
 The length of his residence in the community.
 His employment status history and his financial condition.
 His family ties and relationships.
 His reputation character and monetary conditions.
 His prior criminal records, including any record or prior release on recognizance
or on bail.
 Identity of responsible members of the community who would vouch for his
reliability.
 The nature of the offence charged and the apparent probability of conviction and
the likely sentence in so far as these factors are relevant to the risk of non-
appearance.
 Any other factors indicating the ties of the accused to the community or barring on
the risk of willful failure to appear.
 BIBLIOGRAPHY

1. BOOKS REFERRED
 Jus. C.K. Takwani, Code of Civil Procedure (7th Edition).
 Jus. C.K. Thakker, Commentaries on Code of Civil Procedure, 1908 (2nd
Edition).
 Mulla, Code of Civil Procedure (14th Edition).

2. WEBSITES REFERRED
 www.manupatra.com
 www.scconline.com

3. LEGISLATIONS REFERRED
 Code Civil Procedure, 1908.