sir i am a law student ,can any help me how to write an application for anticipatory bail


pls help format
 
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Hi Kaustav!

There are a couple of things you need to remember in order to write a successful application for anticipatory bail. 

1. Anticipatory bail application is filed in the Code of Criminal Procedure (CRPC) under Section 438.

2. It is filed by the accused. 

4.It should be signed by the applicant, who is the accused, or anybody on the behalf of the accused. If the latter is done, complete details of the applicant must be provided. The applicant also have to include an affidavit supporting the anticipatory bail application.

5. Apart from the affidavit, a clear copy of the FIR, along with copies of all other relevant documents must be submitted with the application. The copies of the orders passed by the district courts rejecting the application must also be provided.

6. Power of attorney in favour of the counsel has to be executed and attached.

 

Find the general format of a anticipatory application below. 

 

BEFORE THE COURT OF DISTRICT AND SESSIONS JUDGE, AT (fill name of the district where the application is being filed)
IN THE MATTER OF
STATE
VS
(Name of the accused/applicant)

FIR Number: 123456
Under Section: (Mentioned in the FIR)
Police Station:  (Example: Sector 49, Noida)
APPLICATION U/S 438 CRPC FOR GRANT OF ANTICIPATORY BAIL ON BEHALF OF THE ACCUSED ( Name of the accused/applicant)
 

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.
 

<ADD THE PRAYER HERE>
 

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


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thank you so much
 
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