How to Draft an Anticipatory Bail Petition in the High Court
First, the case details are written at the top – this includes:
Case number (Cr.MP or CRM(A) etc.)
Date of filing
Police Station & Crime Number
Court where it is being filed (High Court / Sessions Court)
Then, the cause title is set up:
Name, parentage, age, occupation, and address of the Petitioner/Accused
Name of the Respondent/State through the SHO of the concerned Police Station
Next comes the heading of the petition:
For example: “APPLICATION FOR ANTICIPATORY BAIL UNDER SECTION 438 Cr.P.C”
After that, the body of the petition begins with a respectful opening line like:
“The humble petition of the petitioner above named most respectfully sheweth as under:”
Grounds are then narrated in numbered paragraphs:
(1) Assertion that the petitioner is innocent and falsely implicated
(2) Mention that an FIR/Crime number has been registered and that arrest is apprehended
(3) Short narration of prosecution’s version / complainant’s allegations
(4) Explanation why the allegations are false / fabricated / delayed complaint / motivated
(5) Grounds why custodial interrogation is not needed and why bail should be granted
(6) Readiness to provide sureties, permanent residence, law-abiding conduct, no chance of absconding, etc.
(7) Assurance of cooperating with investigation, not tampering evidence, not threatening witnesses
Then comes the Prayer Clause:
A humble request to the Court to grant anticipatory bail in the event of arrest in the said crime number
At the end:
Date, Place, Signature of Petitioner and Counsel
After the petition, an Affidavit is attached:
Petitioner affirms that he is filing the application, he knows the facts, and this is the first such bail petition filed.
Verification statement is included with signature of Petitioner and Advocate.
Sometimes, Annexures (copy of FIR, medical papers, earlier bail orders) are attached with proper marking (Annexure P-1, P-2, etc.).
Sample Draft
IN THE HIGH COURT FOR THE STATE OF TELANGANA
CRIMINAL MISCELLANEOUS JURISDICTION (APPELLATE SIDE)
C.R.M. (A) No. 1030 of 2024
District: Siddipet
Date of Filing: 19.03.2024
Received for Hearing On: 19.03.2024
In the matter of:
An application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973;
And
In the matter of apprehension of arrest of the petitioner in connection with Husnabad Police Station Case No. 107 of 2024 dated 06.02.2024 under Sections 341, 323, 325, 354B, 307, 379 and 34 of the Indian Penal Code, 1860; G.R. Case No. 618/2024 pending in the Court of the Learned C.J.M., Siddipet.
Kasarla Ramesh,
Son of Sri Anjaiah,
Aged about 29 years,
By faith – Hindu,
By occupation – Private Employee,
Residing at Husnabad Village & Mandal,
District – Siddipet, Telangana.
… Petitioner
Versus
The State of Telangana
through the Station House Officer, P.S. Husnabad.
… Opposite Party
To
The Hon’ble The Chief Justice and His Companion Justices of the Hon’ble High Court of Telangana.
The humble petition of the petitioner above named most respectfully SHEWETH:
- That your petitioner is a peace-loving, law-abiding, innocent citizen of India, having no prior criminal precedent, residing at the address so mentioned in the above cause title, has been purposely and falsely implicated in the instant criminal case due to enmity and personal grudge. Your petitioner together with his parents moved an application under Section 438 of the Code of Criminal Procedure, 1973, being Criminal Miscellaneous Case No. 390 of 2024 before the Learned District & Sessions Judge, Siddipet in connection with Husnabad Police Station Case No. 107 of 2024 dated 06/02/2024 under sections 341/323/325/354B/307/379/34 of the Indian Penal Code, 1860. By an order dated 11th March, 2024 the Learned District & Sessions Judge, Siddipet was graciously pleased to allow the anticipatory bail to the parents of the petitioner and rejected the prayer of the petitioner for anticipatory bail. Thereafter your petitioner is moving this application for anticipatory bail before this Hon’ble High Court for the first time.
- That the prosecution case in brief is that on 28/01/2024 at about 9:30 pm the FIR named all accused persons were suddenly assaulted the de facto complainant near Ambedkar Chowk, Husnabad with iron rod, chopper (katari) and other weapons and the petitioner took away her gold chain and assaulted her, as a result she sustained injury with her left hand and got treated at Government Hospital, Husnabad and later shifted to Siddipet Hospital. Photocopy of the written complaint is annexed herewith and marked as annexure “P-2” to this petition.
- That based on a complaint lodged by the de facto complainant against the petitioner and his parents, the Husnabad Police Station Case No. 107 of 06/02/2024 was registered and the investigating agency started the above case and proceeded investigation against the accused including your petitioner alleging the commission of offence punishable under sections 341/323/325/354B/307/379/34 of the Indian Penal Code, 1860.
- That it is clearly reflected from the FIR itself that the entire allegation against your petitioner is totally false, concocted and fabricated, made only with an intent to purposely put your petitioner into the legal clutches for his harassment and suffering and also for lowering his dignity in the society.
- It appears from the FIR itself that the alleged incident took place on 28th day of January, 2024 at 9.30 pm but long thereafter waiting for nine days to fabricate the above false story, the de facto complainant lodged the computer typed written complaint with the Husnabad Police Station on 6th day of February, 2024 at 9.55 pm sans explaining the reason of delay in any way. So it seems to be a case of afterthought – a fake and fabricated FIR was made out of concoctions to fulfill the ulterior motive and personal grudge of the de facto complainant due to enmity.
- That there is no cogent evidence as against your petitioner so far to prove and substantiate the allegations so made in the written complaint by the de facto complainant purely on the basis of her inference and guess.
- That there is no specific allegation at all against your petitioner in the written complaint under sections 341/323/325/354B/307/379/34 of the Indian Penal Code, 1860 and your petitioner highly apprehends that he might be anytime arrested by the concerned police to harass and torture him and/or to cause him to face the cumbersome and tortuous labyrinth of law and its time-consuming process, for no valid ground at all.
- That in the above case the parents of the petitioner have been enlarged on bail although the petitioner stands on the same footings.
- That there is no cogent medical evidence of any injury whatsoever against your petitioner supporting the prosecution case.
- That no such incriminating article has ever been seized in connection with this case from the exclusive possession of the alleged accused persons.
- That your petitioner has neither been previously convicted nor arrested before in any offence and has not committed any offence at all as alleged by the prosecution.
- Your petitioner submits that all the allegations made in the said complaint are totally false, fabricated, motivated and completely a cock and bull story with an intent to suffer and harass your petitioner, nothing else. Your petitioner has been falsely implicated in the instant case to satisfy pent-up anger and personal grudge of the de facto complainant.
- Your petitioner submits that he is residing permanently at the address so stated in the cause title, so there is no least chance of absconsion and/or tampering with the evidences and hampering the process of trial. The petitioner has no desire to evade the due process of law and shall face the trial to vindicate his innocence and his detention in the custody will be extremely prejudicial/highly detrimental to him in the present facts and circumstances of the case so stated above.
- Your petitioner submits that he is all along ready and willing to abide by the conditions, whatsoever, so imposed on him by this Hon’ble Court for allowing this application for anticipatory bail. The petitioner hereby undertakes not to misuse the privilege of bail and shall make himself always available before the investigating agency for further interrogation and before the court as well, as and when required and will not directly or indirectly make any inducement, threat, promise to any person acquainted with the facts of the present case to dissuade from disclosing such facts to the court or to any police officer.
- That this application is made bona fide and for the ends of justice.
PRAYER
In the above facts and circumstances your petitioner most humbly prays that Your Lordships may be graciously pleased to allow this application with a direction upon the arresting authority, in the event of arrest, your petitioner shall be released on bail in connection with Husnabad Police Station Case No. 107 of 2024 dated 6th February, 2024 under sections 341/323/325/354B/307/379/34 of the Indian Penal Code, 1860 and/or to pass such other or further order or orders as Your Lordships may think fit and proper for the ends of justice.
And for this act of kindness, your petitioner, as in duty bound, shall ever pray.
Date: 19.03.2024
Place: Hyderabad
Sd/-
Petitioner
Sd/-
Counsel for the Petitioner
