Section 439 – Special powers of High Court or Court of
Session regarding bail
1. A High Court or Court of Session may direct
a. that any person accused of an offence and in custody be
released on bail, and if the offence is of the nature specified in Sub-Section
(3) of section 437, may impose any condition which it considers necessary for
the purposes mentioned in that Sub-Section;
b. that any condition imposed by a Magistrate when releasing
any person on bail be set aside or modified:
Provided that the High Court or the Court of Session shall,
before granting bail to a person who is accused of an offence which is triable
exclusively by the Court of Session or which, though not so triable, is
punishable with imprisonment for life, give notice of the application for bail
to the Public Prosecutor unless it is, for reasons to be recorded in writing,
of opinion that it is not practicable to give such notice.
2. A High Court or Court of Session may direct that any
person who has been released on bail under this Chapter be arrested and commit
him to custody.
____________________________
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 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, 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.
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 REPRESENTATIVE
Place
Date