**Sample PDF of the Application is attached at the end. (Example taken from Nagpur District Court – This is a sample format for understanding. Details may vary case to case.)
Why is this application used?
This is a bail application filed in criminal cases under the Bharatiya Nagrik Suraksha Sanhita (BNSS):
Interim Bail:
- Requested before the final disposal of the bail application.
- Protects the accused from immediate custody while the main bail application is being considered.
Regular Bail:
- Filed when the accused is already arrested.
- Seeks release from judicial custody during the trial or investigation.
Purpose: To ensure personal liberty while safeguarding the investigation and judicial process.
Key Details in the Application
Legal Basis:
- Section 482/483 BNSS (replacing old CrPC provisions).
- Section 482: General powers of the High Court/Trial Court for bail in non-bailable offences.
- Section 483: Specific procedural provisions for regular/anticipatory bail.
Accused Details:
- Name, parentage, address, arrest date, detention place.
Case Details:
- Police Station, FIR/CR No., offence sections.
- Chargesheet filed/not filed, committed/not committed to sessions court.
Vakalatnama:
- Advocate's authorization to appear on behalf of the applicant.
- Endorsed by jail authorities if the applicant is in custody.
Interim Relief (Optional):
- Applicant may request ad interim bail until the court hears the main application.
Supporting Documents:
- Copy of FIR, chargesheet (if available), identity proof, medical records (if needed).
FAQs
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Q1. Who can file this application?
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The accused person, through a lawyer, whether in custody or anticipatory bail scenario.
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Q2. When is interim bail granted?
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Usually urgently, to avoid unnecessary detention while the main bail application is pending.
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Q3. What factors does the court consider?
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Nature and gravity of offence. Risk of absconding. Previous criminal record. Investigation progress (e.g., if police need custodial interrogation).
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Q4. Can regular and interim bail applications be filed together?
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Yes. Interim bail is often requested as part of the main bail application.
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Q5. Is filing multiple applications allowed?
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Only one pending application at a time is considered. If previous applications exist, details must be disclosed with copies of orders.
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Q6. What happens if bail is granted?
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Accused is released under conditions imposed by the court, such as: not leaving the city/state without permission, appearing on all court dates, not tampering with evidence or witnesses.
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Q7. What if bail is rejected?
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Accused remains in custody, but can appeal in a higher court.
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Q8. What is the role of the Scrutiny Form in the court?
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Ensures that all mandatory details and documents are correct before the application is formally registered and listed.
Downloads & Resources
Legal Affidavit Document
IN THE COURT OF HON'BLE ___ ADDL. DISTRICT JUDGE, NAGPUR
CRIMINAL BAIL APPLICATION NO. ___/2024
APPLICANT : ___
...VERSUS...
NON-APPLICANT : ___
APPLICATION UNDER SECTION ___ OF BHARATIYA NAGRIK SURAKSHA SANHITA
BEFORE THE HON'BLE PRINCIPAL DISTRICT JUDGE, NAGPUR
1. Application for grant of bail under section ___ of BNSS. Presented by Shri Adv. ___.
2. Vakalatnama filed by Shri ___ for the applicant.
3. Application for grant of Ad-interim bail filed by the applicant.
4. List of documents alongwith ___ documents filed by applicant counsel.
Application is examined and registered as Criminal Bail Application.
Put up on ___
for further orders to ___
Asstt. Superintendent,
Judicial Branch (T. W.),
District Court, Nagpur
SCRUTINY FORM OF SESSIONS BAIL APPLICATION
IN THE COURT OF THE DISTRICT JUDGE, NAGPUR AT NAGPUR
ENTRY NO. ___/2024 CRI. Bail Appln. NO. ___/2024
POLICE STATION ___ C.R. NO. ___/2024 ___ V/S ___
| Sr. No. | Description | Tick |
|---|---|---|
| 1 | Whether the application states that it is under Sec. ___ of BNSS? | |
| 2 | Whether the application discloses the name of Police Station and C.R. No. | |
| 3 | IN CASE OF REGULAR BAIL Whether in Magistrate Custody and where detained: ___ Date of arrest: ___ Whether charge-sheet filed: ___ Whether committed: ___, if yes details: ___ Whether Vakalatnama bears endorsement of Jail Authorities/Court: ___ |
|
| 4 | Whether two sets of copies of application filed | |
| 5 | Full name of accused: ___ | |
| 6 | Address of applicant: ___ | |
| 7 | Note that no other application is pending or filed | |
| 8 | In case of second/subsequent application, details of earlier applications: ___ |
Objection noted; undertake to comply.
Checked, verified and registered
Advocate: ___
Asstt. Superintendent,
Judicial Branch (T. W.),
District Court, Nagpur
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