Anticipatory Bail Application Under Section 482 of BNSS
When a person anticipates arrest in a false criminal case, they have the right to approach the court for the protection of their liberty as per the Constitution. This anticipatory bail application is a preventive and legal remedy designed for these kinds of situations. Why it is necessary? Section 482 of BNSS provides a provision by which anticipatory bail is sought, which replaces Section 438 of the CrPC, which allows the person to seek bail in anticipation of arrest in a non-bailable offence.
When this kind of application is required?
This is required before the arrest of a person in situations like when a person is falsely implicated in a case due to personal enmity, rivalry, business dispute, or any other issue, and when there is an apprehension of arrest by the police without any sufficient grounds, and when the offence is non-bailable and the person who is going to get arrested wants to avoid unnecessary harassment or custody, or when the case is of a civil nature but given a criminal colour as in business and property disputes, anticipatory bail can be applied.
What is the purpose of this application?
It protects the personal liberty which is guaranteed under Article 21 of the Indian Constitution and to avoid unnecessary detention or arrest during the investigation by police, and to assure the court that the applicant will not misuse the bail and will cooperate with the investigation, to maintain reputation, profession, and family life which can be damaged by the arrest even before the trial begins.
Conditions for granting bail:
The court will generally consider the following while granting anticipatory bail: whether the FIR is genuine or motivated, and whether the applicant is cooperating with the investigation by the police, and the gravity of the offence and past criminal history, or will check the likelihood of absconding or tampering with the evidence or the witnesses.
How to Draft?
Include a brief summary of the registered FIR or the Complaint which is filed against the applicant
Will go as per the hierarchy in the bail application, first you need to include the facts of the case which should have a brief summary of the registered FIR or the complaint which is filed against the applicant.
Then state the nuisance and false implication on the applicant, it should include the innocence showing the enmity, rivalry, or any kind of motive involved if the applicant does not involve in the case, so include that there is no specific role has been attributed or he is not involved in that case and only his name is included in the FIR.
Include that there is no incriminating material has been found or recovered from the applicant and he has been falsely implicated on mere suspicion without any direct evidence involved in the case.
Include the applicant has a clean record and has never been involved in any criminal case prior to this incident.
If required, include the investigation officer is likely to arrest the applicant without any proper investigation or evidence and has moved for the issuance of arrest warrant and for police remand.
Undertaking of cooperation, include that the applicant undertakes that he will fully cooperate with the investigation and will abide by all the conditions that may be imposed by the honourable court, we can also further undertake not to misuse the liberty after the bail.
Sample Draft
BEFORE THE HON’BLE COURT OF THE DISTRICT AND SESSIONS JUDGE
AT: HYDERABAD, TELANGANA
Anticipatory Bail Application No. ___ of 2025
(Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023)
DISTRICT: HYDERABAD
IN THE MATTER OF:
Sri. RAMESH KUMAR,
S/o Late D. Laxman Rao,
R/o H. No. 5-3-29, Sai Nagar Colony,
Bahadurpalli, Dundigal,
Hyderabad – 500043, Telangana,
… Applicant
VERSUS
The State of Telangana
(Through Station House Officer, P.S – Dundigal)
Crime No: 198/2025
Under Sections: 420, 406 of the Bharatiya Nyaya Sanhita, 2023
Village: Bahadurpalli
P.S: Dundigal
District: Medchal – Malkajgiri
… Respondent
TO
THE HON’BLE JUDGE OF THE AFORESAID COURT
The humble applicant above-named most respectfully submits this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and states as follows:
1. That the applicant is a law-abiding citizen and is a resident of Bahadurpally, Hyderabad. The applicant has been falsely implicated in the above case due to a business dispute which is purely civil in nature.
2. That the applicant is not named in the FIR and no specific role has been attributed to him. The inclusion of the applicant’s name is purely based on suspicion and presumption.
3. That no incriminating article or evidence has been recovered from the applicant’s possession. The entire case is based on documentary disputes and there is no direct evidence against the applicant.
4. That the applicant has no prior criminal antecedents and has never been involved in any kind of unlawful activity.
5. That the applicant has reason to believe that he may be arrested by the police on the basis of the aforementioned false allegations, which would cause irreparable injury to his personal and professional reputation.
6. That the applicant is willing to cooperate fully with the investigation and shall comply with all conditions imposed by the Hon’ble Court. The applicant undertakes not to tamper with evidence or influence witnesses.
PRAYER
In view of the facts and circumstances stated above, it is most respectfully prayed that this Hon’ble Court may graciously be pleased to:
a) Grant anticipatory bail to the applicant in the event of his arrest in connection with Crime No. 198/2025 of P.S. Dundigal, or
b) Direct that in the event of his surrender, the applicant shall be released on bail, and
c) Pass such other and further order(s) as deemed fit and proper in the interest of justice.
It is certified that this is the first anticipatory bail application filed by the applicant and no such application has been filed before any other court.
Filed on: 01/06/2025
Place: Hyderabad
Filed By:
(M. xxx)
Advocate for the Applicant
Telangana State Bar Council Enrl. No: TS/1023/2016
Ph: +91 99890XXXXX
Email: advocate.xxx@lawion.com
