How to Draft Bail Petition Filed Under Section 438 CrPC
first, you decide which court you are filing in. since it’s anticipatory bail (Sec. 438 CrPC), normally it goes to Sessions or High Court, So include the court name like Sessions Court, Husnabad. so you begin with “In the Court of the Hon’ble..”.
then you put the case details. one number is the crime number from the FIR, and the other is the Cr.MP number (miscellaneous petition number the court gives for this bail petition).
after that, write who is filing (the accused → name, father’s name, age, address) and against whom (State of Telangana through the local police station).
give a title: “Bail Petition under Section 438 CrPC.” that line itself tells the judge this is about anticipatory bail.
body of the petition is written in small numbered paras. these usually cover:
say the accused is innocent and did not commit the offense.
mention that he came to know about the FIR and fears arrest.
briefly repeat what the complaint says (the prosecution version), but only so the court knows what the case is about.
explain why the complaint is not true or exaggerated.
add a personal ground — like “if I’m arrested, my life and career will be ruined.”
assure the court you’re ready to give sureties and you won’t abscond.
mention it’s the first bail petition, no other court has been approached.
once grounds are written, end with a short “prayer” line asking the court to grant anticipatory bail and protect you from arrest.
finally, close with date, place, petitioner/advocate signature.
add a small verification at the end where the accused says he appointed this advocate and confirms this is his first bail petition.
IN THE COURT OF THE HON’BLE PRL SESSIONS COURT
AT HUSNABAD
Cr.MP No. 1280/2016
in
Crime no. 169/2016
BETWEEN:
Ch. Abhishek s/o Nagaraju, age: 27 years
R/o Husnabad village and Mandal of
Siddipet District
– – – – – – – – – – – – Petitioner /Accused
AND
The State of Telangana, through the SHO of Ps. Husnabad
– – – – – – – – – – – – Respondent/ Complainant
Offense v/s 448,35A-A,35A-0,509 IPC
BAIL PETITION FILED UNDER SECTION 438 Cr.P.C
1) The petitioner /accused is an innocent person, and he never committed any offense as alleged by the de facto complainant.
2) That on 03/1/2016 the petitioner /accused came to know through the village assistant that a crime was registered against him by the respondent/complainant, and they might arrest him anytime and will produce him before this Hon’ble Court.
3) that as per the complainant and the prosecutor’s story, on 24/10/2016 at 18:00 hrs, the complainant ABC came to the P.s and logged a telugu written complaint stating that she is a resident of Karimnagar, completed degree presently staying at home Intimacy with her and developed intimacy with her and moved closely for the last few days said Petitioner/Accused started conversing in warning to change his attitude. He continued the same, then forced her to have a friendship with him, and further threatened her to upload the photos which were taken by him when they were in a good relationship. Hence, the petition accused knows the above contents.
4)It is to state that if the concerned police arrest the petitioner/accused, my life will be spoiled and nobody will provide for my job. The petitioners/accused submit that the Hon’ble Court has got wide powers to direct the respondent to not arrest the petitioner /accused with allowing the petitioner/accused to allow this petition to prevent the arrest of the accused.
5) That the rest of the grounds would be urged at the time of the arguments.
6) The petitioner/accused is ready to furnish sureties for his Anticipatory Bail to the satisfaction of the Hon’ble Court.
7) This is the first bail petition. Hence, there is no other bail petition filed by him in any other court through any other Advocate.
PRAYER
Therefore, it is prayed that this Hon’ble Court may be pleased to grant the Anticipatory Bail to the Petitioner/Accused, directing the respondent/Complainant not to arrest the accused at the end of justice by allowing this petition. For which act of justice the petitioner/accused shall ever pray.
Date: 15/11/2016
sd/-
Counsel for Petitioner/Accused
VERIFICATION
I, the above-mentioned petitioner/accused, do hereby appoint **** , Advocate, to file this petition on behalf of the petitioner/accused. except him, no other person was appointed by me to appoint counsel on
behalf of the petitioner/accused. Further to submit that, this is the first bail petition filed by me on behalf of the petitioner accused. Prior to this, no petition for bail was filed in my name in any court by any other Advocate.
Place: Husnabad
Date: 15/4/2016
Sd/-
Verified by
