Regular bail application

Model format for general reference only. Not legal advice. Adapt to the facts and the court's current rules. Source: masterlegalwork.com

IN THE COURT OF [SESSIONS JUDGE / ADDITIONAL SESSIONS JUDGE], [PLACE] [or: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH]

Bail Application No. ____ of 20__

Versus

In: [FIR No. __ dated __, under Sections __ of the Bharatiya Nyaya Sanhita, 2023 (or the corresponding IPC sections for offences before 01.07.2024), Police Station __, District __]

APPLICATION UNDER SECTION 483 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 [SECTION 439 CrPC] FOR THE GRANT OF REGULAR BAIL TO THE APPLICANT

Respectfully showeth:

1. That the above-noted FIR was registered on the statement of [COMPLAINANT / INFORMANT] alleging that [BRIEF ALLEGATIONS AS PER FIR, neutrally stated].
2. That the applicant was arrested on [DATE] and has been in judicial custody since [DATE], i.e. for about [__] [days / months].
3. That the applicant has been falsely implicated. [STATE GROUNDS — e.g. role attributed, delay in lodging FIR, nature of evidence, recovery or no recovery, medical evidence, parity with co-accused already granted bail].
4. That the investigation is [complete and the final report under Section 193 BNSS was filed on __ / at the stage of __]. The trial is likely to take considerable time, and no useful purpose will be served by keeping the applicant in custody.
5. That the applicant has [no criminal antecedents / the following cases: __, with their status].
6. That the applicant is a permanent resident of [ADDRESS], has deep roots in society, and there is no likelihood of the applicant absconding or tampering with evidence or influencing witnesses.
7. That [no other bail application has been filed / a bail application was dismissed by __ on __, and the present application is filed on the changed circumstances stated above].
8. That the applicant undertakes to abide by all terms and conditions imposed by this Hon'ble Court, to join the trial, and to furnish adequate bail and surety bonds.
9. That the applicant’s precise alleged role is [FIR and prosecution account], while the material relied on against the applicant is [statements / recovery / medical / digital evidence]. The applicant’s answer, without inviting a full trial at this stage, is [specific supported circumstance].
10. That custody began on [date], the latest remand is dated [ ], investigation is [stage], and the police report was [filed / not filed] on [ ]. The witnesses examined and remaining are [numbers]; the next date and likely impediment to trial are [recorded facts].
11. That any recovery or interrogation still said to be required is [particulars]. Continued detention is opposed because [case-specific reason]; completion of investigation is not treated as a universal entitlement to bail.
12. That antecedents, earlier bail applications and orders, abscondence or proclamation proceedings are fully disclosed in [schedule]. [If parity is sought: identify the co-accused’s order, comparable role and material differences.]
13. That risks of flight, witness influence and repetition can be addressed by [verified residence, attendance undertaking, no-contact condition, passport or other proportionate condition]. Financial circumstances and ability to furnish surety are [particulars].
14. That [no special statutory restriction applies / Section 37 NDPS, Section 45 PMLA, Section 43D(5) UAPA or another restriction applies and is addressed by the following material: ___]. [For default bail: use a distinct time calculation, extension-order analysis and willingness to furnish bail rather than assume merits bail and default bail are identical.]
15. That [OPTIONAL: retain only after verifying the cited rule and these facts] the applicant’s [cooperation, custody duration and antecedent position] is supported by [records]. Applying the discretionary approach in Dataram Singh, the identified risks can be managed by [conditions]; the contrary prosecution material and any special bail restriction are answered by [specific reasons].

PRAYER

It is, therefore, respectfully prayed that the applicant may kindly be released on regular bail in the above-noted FIR, on such terms and conditions as this Hon'ble Court deems fit, in the interest of justice.

Note: Before the High Court, an affidavit, a custody certificate and the list of previous bail applications are usually required. Before a Magistrate, regular bail is sought under Section 480 BNSS [Section 437 CrPC].

IN THE COURT OF [SESSIONS JUDGE / ADDITIONAL SESSIONS JUDGE], [PLACE] [or: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH]

Bail Application No. ____ of 20__

Versus

AFFIDAVIT

Affidavit of [NAME OF DEPONENT], [S/o / D/o / W/o] [NAME], aged about [__] years, resident of [FULL ADDRESS WITH PIN CODE].

I, the above-named deponent, do hereby solemnly affirm and declare as under:

1. That the deponent is competent to swear this affidavit and the accompanying [suit / petition / application] has been drafted by counsel on the deponent’s instructions. Its contents have been read over and explained in [LANGUAGE], understood by the deponent, and are incorporated as part and parcel of this affidavit; the factual statements are true to the deponent’s knowledge or identified records, and legal submissions are based on advice believed to be true.
2. That [no same or similar suit / petition / application on the same cause of action has been filed / the following prior or pending proceedings, outcomes and orders are fully disclosed: ___]. Nothing material has been concealed.

DEPONENT

VERIFICATION

Verified at [PLACE] on [DATE] that paragraphs 1 and 2 above are true and correct to my knowledge and identified records, with legal submissions based on advice believed true. Nothing material has been concealed.

DEPONENT

Note: To be sworn before an Oath Commissioner / Notary Public and stamped as required by the applicable rules.