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Anticipatory Bail Application Format

IN THE COURT OF THE SESSIONS JUDGE / HON’BLE HIGH COURT OF ______________
AT ______________

Anticipatory Bail Application No. ______ of 20__

Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023

IN THE MATTER OF:

[Full Name of Applicant]
S/o / D/o / W/o ______________
Aged about ______ years
Resident of ______________
… Applicant

VERSUS

State of ______________
Through the Station House Officer / Investigating Officer
Police Station ______________
… Respondent

(FIR No. ______ dated ______ registered at Police Station ______ under Sections ______ of the Bharatiya Nyaya Sanhita, 2023 / other Acts)

APPLICATION UNDER SECTION 482 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 FOR GRANT OF ANTICIPATORY BAIL

Most Respectfully Showeth:

  1. That the Applicant is a law-abiding citizen having permanent residence at the address mentioned above and has deep roots in society. The Applicant has no criminal antecedents (or disclose if any).
  2. That the Applicant has reason to believe that he/she may be arrested in connection with the above-mentioned FIR / complaint on accusation of having committed non-bailable offences. The apprehension is genuine and based on [briefly state the basis – e.g., registration of FIR, summons received, information from reliable sources, threats of arrest, etc.].
  3. That the allegations levelled against the Applicant are false, baseless, motivated and exaggerated. The true facts are as under:
    [Briefly narrate the Applicant’s version of events in 4–6 short paragraphs without arguing the merits excessively.]
  4. That custodial interrogation of the Applicant is not necessary in the facts and circumstances of the present case. The Applicant undertakes to fully cooperate with the investigation and to join the investigation as and when required by the Investigating Officer.
  5. That the Applicant is ready and willing to abide by any condition that this Hon’ble Court may impose while granting anticipatory bail.

GROUNDS FOR GRANT OF ANTICIPATORY BAIL

A. Because the Applicant has a reasonable apprehension of arrest in a non-bailable offence and is entitled to protection under Section 482 of the BNSS, 2023.

B. Because the nature and gravity of the accusations do not warrant custodial interrogation. The investigation can be effectively conducted without the Applicant being arrested.

C. Because the Applicant has clean antecedents / no previous involvement in any cognizable offence and is not likely to abscond or flee from justice.

D. Because there is no likelihood of the Applicant tampering with evidence or influencing witnesses. The Applicant undertakes not to contact the complainant or any witness.

E. Because the accusation appears to have been made with the object of injuring or humiliating the Applicant (if applicable – e.g., matrimonial dispute, business rivalry, personal enmity).

F. Because personal liberty under Article 21 of the Constitution of India is a fundamental right and cannot be curtailed on the basis of untested and motivated allegations.

G. Because the law laid down by the Hon’ble Supreme Court supports the grant of anticipatory bail in appropriate cases.

LANDMARK SUPREME COURT JUDGMENTS (CASE LAWS)

  1. Gurbaksh Singh Sibbia v. State of Punjab (1980) 2 SCC 565
    Constitution Bench judgment laying down the foundational principles of anticipatory bail. Held that anticipatory bail is a valuable right and should be granted liberally where the court is satisfied that the applicant is not likely to abscond or misuse liberty.
  2. Sushila Aggarwal v. State (NCT of Delhi) (2020) 5 SCC 1
    Constitution Bench held that anticipatory bail should not ordinarily be limited to a fixed period. The protection normally continues till the end of the trial unless special circumstances require otherwise. Filing of charge-sheet does not automatically terminate the anticipatory bail.
  3. Siddharam Satlingappa Mhetre v. State of Maharashtra (2011) 1 SCC 694
    Emphasised that personal liberty is of utmost importance and courts should not impose unnecessary restrictions while granting anticipatory bail.
  4. Arnesh Kumar v. State of Bihar (2014) 8 SCC 273
    Directed that arrest should not be made in a routine manner in cases punishable with imprisonment up to 7 years. Police must record reasons under Section 41 CrPC (now corresponding BNSS provision).
  5. Satender Kumar Antil v. CBI (2022) 10 SCC 51
    Laid down detailed guidelines for grant of bail and categorised offences. Reinforced that bail is the rule and jail is the exception.
  6. Recent pronouncements (2024–2026) have reaffirmed that anticipatory bail is an extraordinary remedy to be exercised with caution in serious cases involving absconding accused or grave offences, while protecting genuine cases of false implication and personal liberty (as seen in various 2025–2026 decisions of the Supreme Court).

PRAYER

In view of the above facts and circumstances, it is most respectfully prayed that this Hon’ble Court may be pleased to:

a) Grant anticipatory bail to the Applicant under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, directing that in the event of arrest in connection with FIR No. ______ / the present case, the Applicant shall be released on bail on furnishing personal bond and surety of such amount as this Hon’ble Court may deem fit and proper;

b) Grant interim protection from arrest pending final disposal of this application;

c) Pass any other order(s) as this Hon’ble Court may deem fit and proper in the interest of justice.

AND FOR THIS ACT OF KINDNESS, THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.

Place: ______________
Date: ______________

Applicant
Through

Advocate
(Name, Enrolment No., Address & Contact)

VERIFICATION

I, [Full Name of Applicant], the above-named Applicant, do hereby solemnly affirm and state that the contents of paragraphs 1 to ______ of this application are true and correct to my personal knowledge and belief and nothing material has been concealed therefrom.

Verified at ______________ on this ______ day of ______________ 20__.

Deponent

Notes for use:

  • File before the Court of Session or High Court having jurisdiction.
  • Attach: Copy of FIR (if available), supporting affidavit, identity/address proof, Vakalatnama, and any documents showing false implication or alibi.
  • Under Section 482(2) BNSS, the Court may impose conditions regarding availability for interrogation, not threatening witnesses, and not leaving India without permission.
  • Anticipatory bail is not available in cases covered under Section 482(4) BNSS (certain offences under Sections 65 and 70(2) of BNS relating to rape of minors).
  • This is a standard template only. Always get it customized by a practising criminal lawyer according to the specific facts of the case and local court practice.