1

BAIL APPLICATION

SUBMITTED TO: MS. NEHA SINHA

(FACULTY-DPC)

SUBMITTED BY:

MR. LUCKY RAJPUROHIT

ROLL NO. - 64
SEMESTER-VIII, BATCH- XII
DATE

OF

SUBMISSION:

15TH FEBRUARY, 2016.

HIDAYATULLAH NATIONAL LAW UNIVERSITY

RAIPUR (CHHATTISGARH).

ACKNOWLEDGMENT
First, the Researcher extends his profound gratitude and thankfulness to Ms. Neha Sinha
Faculty for DPC, who gave an opportunity to the researcher to work on the given topic and limit
himself as per his comfort. She also steered the researcher in getting through this robust job of
completing this assignment.
Secondly, the Researcher would like to extend his earnest thankfulness to the IT Committee
which provided requisite material for the topic.
Lastly, the Researcher lengthens his thanks to Faculty of Library and all the students of the
seventh semester who provided useful inputs during the classroom discussion of the topic and for
the shore up and co-operation they provided with.
I also take this opportunity to thank all those people who contribute in their own small ways but
fail to get a mention.

RESEARCH METHODOLOGY

This research project is descriptive and analytical doctrinal in approach. It is largely based on
secondary and electronic sources. Thorough use of the available books has been made wherever
necessary.
In this era of cyber age the potentiality of the internet resources cannot be undermined.
Consequently, researcher has referred to the internet resources in the relevant portions of this
project.

OBJECTIVES

To understand the concept of Bail under CRPC

To learn to write a Bail Application

TABLE OF CONTENTS

SL. NO

TOPIC

PAGE NO.

1.

What is Bail?

2.

Formalities for the fulfillment of grant of bail

3.

Bail Application format

10

4.

Conclusion

15

5.

Bibliography

16

CHAPTER I: WHAT IS
BAIL?
The purpose of arrest and detention of a person is primarily to make sure that the person appears
before the court at the time of trial and if he is found guilty and is sentenced to imprisonment, he
must be made available to serve his sentence. However, if it is reasonably evident that the person
charged with an offence can be made available for the above mentioned purposes without keeping
him imprisoned, then it is unfair to keep him in custody until his guilt is proven. It is a violation of
a person's fundamental right to restrict the person's liberty without any just cause.
Bail is one such mechanism which is used to ensure the presence of an accused whenever required
by the court. CrPC does not define the term Bail, but essentially, Bail is an agreement in which a
person makes a written undertaking to the court. A person who is in custody, because he or she has
been charged with an offence or is involved in pending criminal proceedings, may apply to be
released on Bail. Normally, in signing a bail agreement a person undertakes that he will be present
every time the matter is in court until the proceedings are finished, will comply with any conditions
set out in the agreement as to conduct while on Bail, and will forfeit a specified sum of money if
the person fails, without proper excuse, to comply with any term or condition of the agreement.
Two authorities that may grant bail are the police and the courts. A person may be required to
provide a security as well. But it is not necessary. A person may also be let off on his own bond. In
the case of Moti Ram vs State of MP AIR 1978, SC held that a Bail covers both release on one's
own bond with or without surety.
An offence can be classified as a Bailable or a Non-Bailable offence. In general, a bailable offence
is an offence of relatively less severity and for which the accused has a right to be released on bail.

While a non-bailable offence is a serious offence and for it, the accused cannot demand to be
released on bail as a right. More specifically,

Section 2(a) defines Bailable Offence as well as Non-Bailable Offence as follows Section 2 (a)
Bailable offence" means an offence which is shown as bailable in the First Schedule, or which is
made bailable by any other law for the time being in force: and "non-bailable offence" means any
otheroffence.

Interesting thing is that the definition itself does not refer to seriousness of the offence. It simply
makes those offences as bailable which are listed as so in the First Schedule of Cr P C. These
offences include offences such as obstructing a public servant from discharging his duties, bribing
an election official, and providing false evidence. Non-bailable offences include offences such as
murder, threatening a person to give false evidence, and failure by a person released on bail or bond
to appeal before court. However, a quick look at the list of bailable and non-bailable offences
shows that bailable offences are of relatively less severity.

CHAPTER II: - FORMALITIES FOR

THE FULFILEMENT OF GRANT OF
BAIL?
A person accused of a bailable offence can demand to be released on bail as a matter of right. This

is provided for by Section 436.

Section 436 - When any person other than a person accused of a non-bailable offence is arrested or
detained without warrant by an officer in charge of a police station, or appears or is brought before
a court, and is prepared at, any, time while-in the custody of such officer or at any stage of the
proceeding before such court to give bail, such person shall be released on bail.
Further, such officer or court, if he or it thinks fit, may, instead of taking bail from such person,
discharge him on his executing a bond without sureties for his appearance.
Section 50(2) imposes an obligation on the police officer to notify the detained person about his
right to get bail if he is detained on a bailable offence.
The right to bail cannot be nullified by imposing a very high amount for bail. Section 440(1)
specifically provides that the amount of bail cannot be unreasonably high.
An amendment to Section 436 mandates that an indigent person, who is unable to provide any bail
amount, must be released. If a person is unable to provide bail amount for a week, then he can be
considered indigent.
Section 436 A allows a person to be released on his own surety if he has already spent half the
maximum sentence provided for the alleged crime in jail. However, this does not apply if death is
one of the punishments specified for the offence.

Execution of bond by the arrested person himself. Such bond is executed without surety.
But nothing in CRPC prevents magistrate to order for execution of bond with surety. So
according to the fact and circumstances of the case, if the magistrate deems fit, he can order
to execute bond with surety.

When bond is executed by the arrested person, he is duty bond to appear before the Court as
and when required.

WHEN BAIL CAN BE REFUSED IN BAILABLE OFFENCE?

When any person is released on bail u/s 436 of CRPC, he is duty bound to appear before the
Court as and when required or directed. If he breaches the condition of bond executed by
him and does not appear before the Court, then he can be re-arrested then he cannot claim
bail as a matter of right though the offence committed by him is bailable in nature.

NON-BAILABLE OFFENCE
Section 437 - When any person accused of, or suspected of, the commission of any non-bailable
offence is arrested or detained without warrant by an officer-in-charge of a police station or appears
or is brought before a Court other than the High Court or Court of session, he may be released on
bail. If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as the
case may be, that there are no reasonable grounds for believing that the accused has committed a
non-bailable offence, but there are sufficient grounds for further inquiry into his guilt, the accused
shall be released on bail, or, at the discretion of such officer or Court, on the execution by him of a
bond without sureties for his appearance. A police officer or the court may also release a person
from custody if he feels that there are any special reasons. But he must record his reasons in writing
In Moti Ram v State of MP1
Justice Krishna Iyer held that, in non-bailable offence bail is rule and jail is exception. He further
concluded that, bail application should be rejected only when it is of utmost necessity to keep the
accused in jail in the interest of justice. This approach is based on reformative theory of
punishment.
Generally, in Non-Bailable Offences, bail is granted keeping in mind the following factors:

Gravity of the offence committed by the deceased.

Need of the accused for the purpose of investigation.

Consequences of his release.

The provisions relating to bail in case of non-bailable offence, mentioned u/s 437 and u/s 439, the
arrested person may be released on bail but he will not be released:

If the offence committed by him is punishable with death sentence, life imprisonment or
imprisonment for a period of more than 7 years

If the accused has repeated the offence, then also he shall not be released on bail

1 1978 AIR 1594

Moreover Section 437 lays down certain circumstances where the arrested person may be released
on bail even if the offence committed by him is non-bailable.
1. If the investigation is not completed within a period of 60 days (summons) and 90 days
(warrant), then accused has to release on bail.
2. When arrested person is woman or above 60 years of age.
3. When arrested person is suffering from serious disease.
4. When the trial is for non-bailable offence, but evidence shows that it is bailable offence.
5. If the circumstances, nature and facts of the case does not allow the accused to be released
on bail, then the bail application will be rejected
SPECIAL POWERS OF HIGHT COURT AND COURT OF SESSION REGARDING BAIL
Section 439 gives special powers to High Court and Court of Session regarding bails. These are as
follows
1. A High Court or Court of Sessions may direct that any person accused of an offence and in
custody be released on bail. It may also impose any condition which it considers necessary.
It may set aside or modify any condition imposed by a Magistrate when releasing any
person on bail.
2. The High Court or the Court of Sessions shall, before granting bail to a person who is
accused of an offence which is triable exclusively by the Court of Sessions 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.
3. A High Court or Court of Sessions may direct that any person who has been released on bail
under this chapter be arrested and commit him to custody.

CHAPTER III:
BAIL APPLICATION FORMAT
Application under Section 436 of Cr PC for the grant of Bail

IN THE COURT OF ___

In Re:
Petitioner
Versus
Respondents
FIR No. : ______ Dated ______ Police Station: ______
Offence Under Section: ______
Application under Section 436 of Cr PC for the grant of Bail
Respectfully Sheweth:
1. That the applicant has been involved in a false and frivolous case by one Sh. ________ by
lodging a complaint with the SHOPS _______ on ________ for offence under sections ________
of the IPC. The applicant/accused has been arrested by the Police of Police Station: ________
subsequent to the above complaint.
2. That it is submitted that the allegations made against the applicant/accused are false, frivolous
and vexatious and lack in the material substance. The applicant belongs to a very reputed family in
his locality. The allegations are that ________
3. That the applicant/accused is a permanent resident of ________ and earning livelihood by
________. The applicant has his old parents dependent upon him and the applicant is the only
bread earner for the family.
4. That the applicant/accused is innocent and has been involved falsely due to the personal grudge
to settle the score against the applicant/accused________ OR due to enmity and family feud. It is
submitted that the complainant is an influential and high-handed person. ________
5. That by getting the applicant/accused arrested the applicant has been deprived of his valuable
fundamental right of liberty by abuse of powers and process of law by the complainant. ________

6. That the applicant is willing to furnish surety and bail bonds to the satisfaction of this learned
court in case he is ordered to be released on bail. The applicant is also willing to join the
investigations and bind himself by the terms and conditions laid down by the law or by this Hon'ble
court. It is further submitted that the applicant is not at all required for the investigations. However,
if the applicant is required for investigation, the applicant/accused undertakes to be present as and
when required in accordance with the law.
7. That neither any recovery is to be effected from the applicant nor the applicant is in a position to
temper with the prosecution evidence. The applicant will associate with the investigation whenever
required to do so.
It is, therefore, most respectfully prayed that:(a) That the applicant may be ordered to be released on bail and this application for bail may kindly
be allowed;
(b) That till the decision of this application interim bail may be granted to the applicant; _____
(c) That the directions may be issued to the police to get the applicant/accused medically examined
at the immediately; _____
(d) Such other orders be also passed in favour of the applicant as deemed fit and proper in the facts
and circumstances of the case and in the interest of justice.
Coimbatore Applicant
______ Through, Advocate
Note:1. This application is filed through the _____ father and next friend of the applicant/accused, Sh.
______ . It is, therefore, prayed that the application of the applicant/accused may kindly be allowed
and the applicant/accused may kindly be released on interim bail in the interest of Justice.
2. That the applicant/accused is under police custody. Therefore, the requirement of affidavit and
signature may kindly be dispensed with.
Coimbatore Applicant
_______ Through, Advocate
IN THE COURT OF ___
Applicant
Versus

Respondent
Affidavit in support of the application under Section 436 of CrPC
I, _______, do hereby solemnly affirms and declare as under:1. That the accompanying application under section 436 CrPC has been drafted at my instance and
under my instructions.
2. That the contents of paras 1 to ______ are true and correct to the best of my knowledge.
3. That I further solemnly affirm and declare that this affidavit of mine is correct and true, no part
of it is false and nothing material has been concealed therein.
Affirmed here at Coimbatore on ______.
Deponent
Application under Section 437 of Cr PC for the grant of Bail.

IN THE COURT OF ___

In Re:
Petitioner _______
Versus
Respondents ________
Application under Section 437 of CrPC for the grant of Bail
Respectfully Sheweth:
1. That the applicant is facing trial before this Hon'ble Court in case titled as _____ Vs ______ for
the offence under Sections ______ of IPC.
2. That the said case was fixed for ______ on ______. The applicant could not put in his presence
on _____ due to reasons that _____. This Hon'ble court was pleased to issue Non-Bailable
Warrants and the Police has accordingly arrested the applicant/accused. That non-appearance of the
applicant on _____ was neither willful nor intentional but due to reasons beyond the control of the
applicant.
3. That the applicant/accused is a permanent resident of _____ and earning livelihood by _____.
The applicant has his old parents dependent upon him and the applicant is the only bread earner for

the family.
4. That by getting the applicant/accused arrested the applicant has been deprived of his valuable
fundamental right of liberty by abuse of powers and process of law by the complainant. _____
5. That the applicant is willing to furnish surety and bail bonds to the satisfaction of this learned
court in case he is ordered to be released on bail.
It is, therefore, most respectfully prayed that the applicant may kindly be ordered to be released on
bail and this application for bail may kindly be allowed in the interest of justice. Such other orders
be also passed in favour of the applicant as deemed fit and proper in the facts and circumstances of
the case and in the interest of justice.
Coimbatore Applicant
______ Through, Advocate

Note:1. This application is filed through the _____ father and next friend of the applicant/accused, Sh.
_____. It is, therefore, prayed that the application of the applicant/accused may kindly be allowed
and the applicant/accused may kindly be released on interim bail in the interest of Justice.
2. That the applicant/accused is under police custody. Therefore, the requirement of affidavit and
signature may kindly be dispensed with.
Coimbatore Applicant
______ Through, Advocate
IN THE COURT OF ______
Applicant
Versus
Respondent
Affidavit in support of the application under Section 437 of Cr. P. C.
I, ______, do hereby solemnly affirms and declare as under:-

1. That the accompanying application under section 437 Cr.P.C. has been drafted at my instance
and under my instructions.
2. That the contents of paras 1 to _____ are true and correct to the best of my knowledge.
3. That I further solemnly affirm and declare that this affidavit of mine is correct and true, no part
of it is false and nothing material has been concealed therein.
Affirmed here at Coimbatore on ______.
Deponent

CHAPTER IV: CONCLUSION

It is of prime significance to note that the very concept of bail arises from a presumption, of the
accusatorial system, of innocent till proven guilty. As such an individuals personal liberty which
is a fundamental right under Article 21 of the Constitution, cannot be compromised until he/she is
convicted and thus proven guilty. Thus he/she is allowed to furnish security (in the form of bail) to
secure the accuseds presence for trial while enabling him/her to retain his/her personal liberty.
However, as was brought to light, in famous Hussainara Khatoon case, personal liberty as
operating within the domain of the criminal justice system remains the cherished prerogative of the
rich. While those who can ill afford legal counsel to inform them to their right to bail. (i.e. in nonbailable offences- section 2(a) Cr.P.C.) and consequently are unable to pay the amount, are
relegated to languish in prisons, often for terms longer than the period of punishment prescribed
for the offence they are charged with. Thus in order to extend the fundamental right of personal
liberty under Article 21 of the Constitution, to even the economically weaker sections of the
population (who form a majority of the prison population), the right to free legal aid must be made
a constitutional right. Thus the decision in the same case, also in M. H. Hoskot v. State of
Maharashtra making legal aid a constitutional mandate under Article 21 is welcome in paving the
way towards upholding human rights in criminal jurisprudence.
However in order to ensure ones right to a speedy trial-and thus consequently minimum
infringement on the accuseds right to personal liberty an overhaul of the criminal justice system in
its entirely is called for. A mere emphasis on investigation machinery by prescribing a time limit as
per section 167(2) Cr.P.C. will not suffice to attain the desired object. Moreover it is interesting to
note that on lapse of the prescribed period bail as of right accrues to the accused, even if he is a
accused of a grave, heinous non-bailable offence and in other circumstances would have definitely
been refused to bail. Thus the backlash of section 167(2) as well as its possible effectiveness ought
to be considered in the light of its object of ensuring a right to speedy trial under Article 21 of the
Constitution.
Thus the law of bails must continue to allow for sufficient discretion, in all cases, to prevent a
miscarriage of justice and to give way to the humanization of criminal justice system and to
sensitise the same to the needs of those who must otherwise be condemned to languish in prisons

for no more fault other than their inability to pay for legal counsel to advise them on bail matters or
to furnish the bail amount itself.

BIBLIOGRAPHY
CODE OF CRIMINAL PROCEDURE 1973

WEBLIOGRAPHY
HTTP://DEVGAN.IN/CRIMINAL_PROCEDURE_CODE/CHAPTER_33.PHP
HTTP://HANUMANT.COM/CRPC-UNIT6-OFFENCEBAIL.HTML