Draft format
Bail application format under the BNSS
This is a standard format for a regular bail application for an accused in custody, under Section 480 or Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with the grounds and documents that usually matter.
Last updated 9 October 2026
When to use a bail application
Use a regular bail application when the accused has been arrested and is in custody for a non-bailable offence. Before a Magistrate the application is made under Section 480 of the BNSS, which replaced Section 437 of the CrPC. Before the Court of Session or the High Court it is made under Section 483, which replaced Section 439.
This format is not for anticipatory bail, which is sought before arrest under Section 482, or for default bail under Section 187, where the right arises because the investigation was not completed within sixty or ninety days.
Legal basis: Sections 480 and 483, Bharatiya Nagarik Suraksha Sanhita, 2023
Bail application: the format
Blanks and fields in [square brackets] are for you to complete. Adapt the wording to the facts and to the rules of the court or forum.
IN THE COURT OF [Name of the court] AT [Place] Bail Application No.: ____ of 20__ In FIR No.: __________ dated __________ Police Station: __________ Under Sections: __________ [Name of client] ... Applicant / Accused VERSUS State of __________ ... Respondent APPLICATION FOR GRANT OF BAIL UNDER SECTION 480 / 483 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 (FORMERLY SECTIONS 437 / 439 OF THE CODE OF CRIMINAL PROCEDURE, 1973) MOST RESPECTFULLY SHOWETH: 1. The Applicant is the accused named in the above FIR and was arrested on __________; he is presently in custody. 2. The Applicant is innocent and has been falsely implicated. Brief facts: ____________________________________________________________. 3. The Applicant has clean antecedents, is a permanent resident within the jurisdiction of this Hon'ble Court and is not a flight risk. 4. Custodial interrogation is not required and continued detention is not warranted. 5. The Applicant undertakes to abide by all conditions imposed by this Hon'ble Court. PRAYER: It is most respectfully prayed that this Hon'ble Court may be pleased to: (a) Enlarge the Applicant on bail on such terms as deemed fit; (b) Pass such further order(s) in the interest of justice. Place: [Place] Date: [Date] ___________________________ ___________________________ [Name of client] [Name of advocate], Advocate (Applicant) Counsel for the Applicant
What the draft must get right
- Give the FIR number, date, police station and the sections invoked, using the BNS section numbers for offences committed on or after 1 July 2024.
- State the date of arrest and the period already spent in custody.
- Set out specific grounds: the role attributed to the applicant, the stage of investigation, whether the chargesheet is filed, recovery already made, parity with co-accused on bail, and the likely length of trial.
- Address the considerations courts apply: the nature and gravity of the accusation, the likelihood of the applicant absconding, and the possibility of tampering with evidence or influencing witnesses.
- State antecedents accurately and disclose earlier bail applications in the same case and their outcome.
- Annex the FIR, the remand or custody order, any earlier bail order, and medical or other documents relied on. Offer to abide by conditions and furnish sureties.
Common mistakes
- Citing CrPC provisions alone in a matter governed by the BNSS, or the reverse for a pre-July 2024 offence.
- Generic grounds that would fit any case, with nothing on the applicant's specific role.
- Not disclosing a previous bail application or its rejection.
- Filing before the wrong court for the offence alleged.
Bail application: common questions
Which section of the BNSS governs regular bail?
Section 480 governs bail in non-bailable offences before a court other than the High Court or Court of Session, and Section 483 gives the High Court and Court of Session their special powers regarding bail. They correspond to Sections 437 and 439 of the CrPC.
Does the CrPC still apply to bail in older cases?
Section 531 of the BNSS saves investigations, inquiries, trials, applications and appeals pending on 1 July 2024 under the CrPC. Courts have taken differing approaches to applications filed after that date in older cases, so check the practice of the court concerned and cite both provisions where in doubt.
Can a second bail application be filed after rejection?
Yes, a successive application may be filed, ordinarily on a change in circumstances such as the filing of the chargesheet, a long period in custody or bail to a co-accused. The earlier application and order must be disclosed.
Generate this on your letterhead in Settl
This format is in Settl's template library. Open a matter and the parties, court and dates are filled from the case record; you complete the facts, review, and export to PDF on your firm's letterhead.
Not legal advice. This is a general format for reference. It is not a filing-ready document and may not suit your facts or your court's rules. Verify the law, the facts and local requirements, and have a qualified advocate review the draft before it is sent or filed. Settl is not a law firm.