Bail bond / surety substitution

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 [DESIGNATION OF THE PRESIDING OFFICER], [PLACE]

[CASE TYPE] No. ____ of 20__

Versus

Next date of hearing: [DATE]

APPLICATION FOR SUBSTITUTION OF SURETY / ACCEPTANCE OF FRESH BAIL BONDS AND DISCHARGE OF THE EARLIER SURETY [SECTION 489 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 (SECTION 444 CrPC)]

Respectfully showeth:

1. That the applicant / accused was granted bail vide order dated [DATE] passed by [COURT], and furnished bail bonds with [NAME OF EXISTING SURETY] as surety.
2. That the existing surety [has applied for discharge / is unable to continue as surety because __ / has died on __].
3. That the applicant offers [NAME OF NEW SURETY], [PARTICULARS], as fresh surety, who owns [PROPERTY / FIXED DEPOSIT / VEHICLE — details] and is solvent for the bond amount. The documents are annexed.
4. That the applicant undertakes to appear on every date of hearing and to abide by all the conditions of bail.
5. That bail was granted on [date] with bond amount ₹[ ], surety requirement [ ] and conditions [ ]; the operative order and accepted bond are annexed.
6. That substitution is sought because [existing surety’s reason and supporting record]. The applicant requests release/discharge of the former surety only by the Court’s order and after acceptance of the replacement as required.
7. That the proposed surety is [name, relationship, address and means], with identity and solvency/other documents [ ]. Any restriction in the original order is disclosed and modification, where needed, is sought expressly.
8. That attendance and bail compliance to date are [details]. Any breach or pending discharge request is disclosed, and the proposed transition avoids a lapse in the security required by the Court.
9. That financial hardship or inability to produce a particular local surety is [supported facts]; reasonable alternative security or proportionate modification is requested as [precise terms], subject to applicable law.
10. That [OPTIONAL: retain only after verifying the cited rule and these facts] the applicant’s means and existing security burden are evidenced by [records]. Applying Moti Ram, the proposed security [terms] is proportionate and practicable; discharge of the former surety and acceptance of the replacement remain subject to this Court’s order.

PRAYER

It is, therefore, respectfully prayed that the fresh bail / surety bonds of [NAME OF NEW SURETY] may kindly be accepted, and the earlier surety discharged, in accordance with law.

IN THE COURT OF [DESIGNATION OF THE PRESIDING OFFICER], [PLACE]

[CASE TYPE] 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.