How to file Regular Bail and Anticipatory Bail Applications in Delhi?

What is Bail?

Bail is the tentative release of a person accused in a criminal case in a court where the trial is pending and the judgment is yet to be announced.

Types of Bail

A person accused in a criminal case can apply for the following types of bail:

1. Regular bail: If a person who has committed a criminal offense or is alleged to have committed the same is in police custody, they can apply for regular bail.

2. Interim Bail: An interim bail is granted before the trial for the grant of a regular or anticipatory bail takes place. It is granted for a short period of time.

3. Anticipatory Bail: If a person is accused of a non-bailable offense and is apprehensive of an arrest, they may apply for anticipatory bail to the Sessions Court or the High Court. If anticipatory bail is granted to the accused person, in the event of an arrest, they shall be released on bail.

Procedure to apply for Bail in Delhi

When a person accused of committing a criminal offense is arrested by the police, they have the legal right to file a bail application for a release from police custody. An accused person must contact a criminal lawyer in Delhi to assist them in filing a bail application.
1. Bail Application:

1. Bailable Offence: If the person is accused of a bailable offense, an application by filing the Form-45 has to be filed. Form-45 is provided in the Second Schedule of the Code of Criminal Procedure (CrPC), 1973. A person accused of a bailable offense is entitled to bail whether filed before the police or the District and Sessions Court, Delhi. There is no question of discretion while granting bail in a bailable offense.

2. Non-bailable Offence: The procedure remains the same in the case of a non-bailable offense. However, the court can grant or deny the bail at its discretion. A bail application in case of a non-bailable offense must be filed in the District and Sessions Court, Delhi. If the Bail Application is rejected by the District and Sessions Court, the accused person may move to the High Court to seek bail.

2. Bail Hearing: During the bail hearing, the District and Sessions Judge takes into account all reasons, evidence, and facts and decides whether it is appropriate to grant the bail or not.

3. Deciding the Bail Amount: The accused has to deposit a certain sum of money as the bail amount. The court has the discretion to set this amount. Factors such as a previous criminal record of the accused, employment status of the accused, and the gravity of the crime are used to determine the bail amount. An accused person need not file a regular bail if they have already been granted anticipatory bail.

When can the Court refuse to grant Bail?

The Court may refuse to grant Bail in the following circumstances:

1. If the Court has reason to believe that the person is guilty of an offense that is either punishable with imprisonment for life or death, or

2. If the person is reasonably believed to be guilty of a cognizable offense and has previously been held guilty of an offense:

3. Punishable with imprisonment for life, or

4. Death, or

5. Imprisonment for not less than 7 years, or

6. If the person has been previously convicted on 2 or more occasions.

Regular Bail Application Format

IN THE COURT OF ____________, ADDITIONAL DISTRICT AND SESSION JUDGE, _____________ COURTS, ____________

IN THE MATTER OF: State Versus _________ FIR No.: ___________ U/s: ___________ P.S.: ___________

APPLICATION UNDER SECTION 439 OF THE CODE OF CRIMINAL PROCEDURE 1973 FOR GRANT OF BAIL

Most Respectfully Show:

1. That the present application under section 439 of the Code of Criminal Procedure 1973 is being filed by the Petitioner for seeking grant of bail in FIR No. _________ registered at Police Station_______________. The present petition is being moved as the Petitioner has been arrested on _________ in connection with the said FIR. The petitioner is now in judicial/police custody. 2. That the Petitioner is innocent and is being falsely implicated in the above-said case as he has nothing to do with the matter. 3. That the Petitioner is a law-abiding citizen of India. The petitioner is gainfully carrying on the business of ________ at ________. 4. That the Petitioner is a responsible person and is living at the abovementioned address. 5. That the Petitioner is innocent and no useful purpose would be served by keeping him under custody and this is a fit case for grant of bail. 6. That the Petitioner undertakes to abide by the conditions that this Honorable Court may impose at the time of granting bail to the Petitioner and further undertakes to attend the trial on every date of hearing. 7. That the Petitioner has not filed any other similar petition before this or any other Honorable Court for grant of bail in case of the present FIR. PRAYER: In view of the abovestated facts and circumstances, it is most respectfully prayed that this Honorable Court may be pleased to a. Grant bail to the Petitioner in connection with FIR No. ________ registered under section ________, for the offence of ________ (give sections) at Police Station _________ (give place). b. Pass any other such order as this Honorable Court may deem fit and proper in the interest of justice. ........Applicant Through .........Counsel Place: Dated:

Interim Bail

When an application for bail is filed with the Sessions Court, a High Court, or the Supreme Court, it is necessary to obtain certain documents from the lower courts, such as the charge sheet, certified copies of the documents, and the case diary, in order for the court to make a final decision. These documents must be obtained over time, and the accused must remain in police custody until these documents are obtained and the court can reach a decision. In such cases, the accused can seek temporary bail to avoid being in custody for the time being until the higher court obtains the paperwork from the lower court. Interim bail is a temporary bail that is issued while the court makes a final decision on the bail. The court has the option of granting permanent bail, extending interim release, or rejecting the current bail request.

Procedure to file Anticipatory Bail in Delhi

A person may apply for anticipatory bail after they come to know that a criminal complaint has been filed against them.

1. Contact a Criminal Lawyer: A criminal lawyer will set an effective course of action if an FIR or Criminal Complaint is filed against the accused person in Delhi.

2. Drafting Anticipatory Bail Application: An anticipatory bail application must be drafted which includes the facts of the case along with reasons stating why bail should be granted.

3. Filing Anticipatory Bail Application: The application must be filed at the District and Sessions Court, Delhi.

4. Hearing Bail Application: The judge has the discretion to either grant or rejects the bail. In case the Sessions Court rejects the bail application, an appeal may be filed in the High Court.

Cancellation of Anticipatory Bail in Delhi

An Anticipatory Bail might be canceled in the following circumstances: While the Court grants an Anticipatory Bail, it imposes certain terms and conditions, which, if defied, may lead to the cancellation of the Bail. If the court receives an application from a complainant or the prosecution, it may cancel the Anticipatory Bail if it deems necessary.

Anticipatory Bail Application Format

BEFORE THE HIGH COURT AT __________________________________

IN THE MATTER OF: STATE VS _____________________ (FIR Number: _________) Under Section: (_____________________) Police Station: (______________________)

APPLICATION U/S 438 CRPC FOR GRANT OF ANTICIPATORY BAIL ON BEHALF OF THE ACCUSED (name of the applicant of the bail)

MOST RESPECTFULLY SUBMITTED AS UNDER:

1. That the present FIR has been registered on false and bogus facts. The facts stated in the FIR are fabricated, concocted, and without any basis. 2. That the police have falsely implicated the applicant in the present case, the applicant is a respectable citizen of the society and is not involved in any criminal case. 3. That the facts stated in the complainant against the applicant are civil disputes and do not constitute any criminal offense at all. 4. That the applicant is not required in any kind of investigation nor any kind of custodial interrogation is required. 5. That the applicant is having very good antecedents, he belongs to a good family and there is no criminal case pending against them. 6. That the applicant is a permanent resident and there are no chances of his absconding from the course of justice. 7. That the applicant undertakes to present himself before the police/court as and when directed. 8. That the applicant undertakes that he will not, directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. 9. That the applicant further undertakes not to tamper with the evidence or the witnesses in any manner. 10. That the applicant shall not leave India without the previous permission of the Court. 11. That the applicant is ready and willing to accept any other conditions as may be imposed by the Court or the police in connection with the case. 12. That the Court below has failed to consider all the facts and circumstances of the case and has wrongly dismissed the anticipatory bail application.

PRAYER: It is therefore prayed that the court may direct the release of the applicant on bail in the event of his arrest by the police. Any other order that the court may deem fit and proper in the facts and circumstances of the case may be also passed in favor of the applicant. ........Applicant Through .........Counsel Place: Date:

Why do you need a Lawyer?

It is imperative that you engage the services of a criminal lawyer as soon as you, or anyone else you know is arrested or is likely to be arrested regardless of the nature of the offense. A criminal lawyer ensures that the rights of the accused person are protected at each step. Bail is a significant aspect of the defense of an accused person. Hence, the expertise of a criminal lawyer guarantees that the bail is filed timely to eliminate additional distress that can be caused to the accused. A criminal lawyer is well-aware of the protocol and the law regarding bail and can, therefore, best advice on a suitable course of action.

Advocate Chikirsha Mohanty

4.0 | 2+ user ratings Greater Kailash - 1, Delhi
5 years

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