The following things have to be kept in mind before applying for an anticipatory bail:
- The bail application should be signed by the accused.
- Power of Attorney or Vakalatnama is filed along with proper court fees on anticipatory bail application as well as on a power of attorney be affixed.
- It should be specifically stated whether it is the first application or any other application has been filed earlier. If another application had been filed before then, the copy of those applications also needs to be filed.
- A copy of FIR should be filed with the bail application.
- All the relevant documents should be filed along with the bail application before the sessions court.
- Affidavit in support also needs to be filed.
Anticipatory Bail Format Before the Sessions Court
BEFORE THE COURT OF DISTRICT AND SESSIONS JUDGE, AT (name of the district where the bail application is being filed)
IN THE MATTER OF
(Name of the applicant)
FIR Number: (Mention the FIR number)
Under Section: (Sections under which the FIR has been filed)
Police Station: (Name of the Police Station)
APPLICATION U/S 438 CRPC FOR GRANT OF ANTICIPATORY BAIL ON BEHALF OF THE ACCUSED ( name of the applicant)
MOST RESPECTFULLY SUBMITTED AS UNDER:
- That the present FIR has been registered on false and unsubstantial facts and the said facts stated in the FIR are fabricated, concocted and are baseless.
- That the police has falsely drawn in the applicant in the present case as the applicant is a respectable citizen of the society and is not involved in any criminal case, and the applicant has very good antecedents, he belongs to a good family, and there is no criminal case pending against them.
- That the investigation or any kind of custodial interrogation is required is not required as far as the applicant is concerned.
- That being the permanent resident of India, the applicant will not be absconding from the course of justice
- That the applicant undertakes the following:
a. To present himself before the police/court as and when directed.
b. That he will not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case to dissuade him from disclosing such facts to the Court or any police officer.
c. That he will not tamper with the evidence or the witnesses in any manner.
d. He shall not leave India without the previous permission of the Court.
e. That the applicant is willing to accept any other conditions as may be imposed by the Court or the police in connection with the case.
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 also be passed in favor of the applicant.