Application/Affidavit for - BAIL BOND
**Sample PDF of the Application/Affidavit is attached at the end.
Why & When This Form Is Used
- After Bail Is Granted: When a court or police grants bail (regular, anticipatory, or default bail), this bond is filled.
- To Guarantee Attendance: The accused promises to appear before the Court/Police whenever required for investigation or trial.
- To Provide Surety/Security: The surety (family/friend) guarantees the accused's presence and may lose the specified money if the accused absconds.
- Legal Requirement: Without submitting this bail bond, the bail order is incomplete.
Example:
If Ramesh is arrested for cheating, Court grants him bail of ₹25,000 with one surety. Ramesh must sign this bond + his brother signs as surety. If Ramesh skips court, the ₹25,000 is forfeited.
Important Things to Know
- Accused's Role: Signs the bail bond undertaking to attend every hearing.
- Surety's Role: Files surety bond + affidavit showing identity, financial status, and ability to produce the accused.
- Affidavit Details: Includes ration card, voter ID, job, income, property, FD, or vehicle ownership proof.
- Forfeiture Clause: If the accused fails to attend, the money mentioned in the bond is taken by the Government.
- Verification: Surety swears before Court that details are correct.
FAQs on Bail Bond (Form 45)
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Q1. Who has to fill out this form?
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The accused and at least one surety. Both must sign before Court/Police.
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Q2. Is this form mandatory after a bail order?
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Yes. Without filing the bond, the bail order remains only on paper; the accused won't be released.
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Q3. What is the difference between Bail Bond and Surety Bond?
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Bail Bond = promise by accused. Surety Bond = guarantee by another person (usually relative/friend).
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Q4. What documents does the surety need?
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ID proof (ration card, voter card, Aadhaar), proof of income, property documents, FD/vehicle papers (as mentioned in the affidavit).
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Q5. What happens if the accused skips hearings?
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The surety's money/property mentioned in the bond is forfeited by the government, and fresh warrants are issued.
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Q6. Under which law is this form valid now?
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BNSS, 2023 – Sections 478, 480, 482, 485. (Earlier, it was under CrPC 436, 437, 438(3), and 441).
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Q7. Can the same surety be used in multiple cases?
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Usually no. One surety bond is tied to one case unless the court permits otherwise.
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Q8. What if the surety withdraws later?
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Accused must furnish a new surety; otherwise, bail can be cancelled.
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Q9. Does the surety need to be a government servant?
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No. Any person with stable income/property can stand surety, but the court checks credibility.
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Q10. What is the value of bond money?
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It depends on the court order. Amount is fixed according to the gravity of the offence, not standard for all cases.
📁 Downloads & Resources
Access related documents and legal forms
| Attachment | Size |
|---|---|
| bail-bond-affidavit-application (590.84 KB) | 590.84 KB |
(Example taken for understanding purposes; details may vary from case to case and court to court.)
Note: In the attached PDF, you may still see references to CrPC sections (436, 437, 438(3), 441). These are old provisions. Now, after the introduction of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the updated provisions are Sections 478, 480, 482, 485. Always use the updated section numbers in any fresh filing.
FORM NO. 45
Bond and Bail Bond for Attendance Before Office Incharge of Police Station of Court (Section 478, 480, 482, 485 BNSS)
In the court of Shri…………………………………………………………………………….……………
Police Station
Next date of hearing...........................
Under Section
Sent to Jail on..................................
F.I.R. No.
Bail Bond
I …………………………..…………………………………….. Son of Shri ………………………… ………………………………….…. Residence ………………………………………………………… ………………………………………………….………………………… having been arrested or detained without warrant by the Officer In charge of ……..…………………………… Police Station for having been brought before this Honorable Court charged with the offence of ……………………………………………………………………………………. and required to give surety for my attendance before such Officer of Court on condition that I shall attend such Officer Officer or Court on every day on which any investigation or trial is held with regard to such charge and in case of my making default here in myself to forfeit to Government the sum of Rs. …………………………………………………………………
DELHI
Signature...................................
DATED.................................
I ………………………………………………………………… Son of Shri …………………… …………………….………………………………. Residence …………………………………… …………………………………………………………………………………………………………… hereby declare myself for the above-said Shri ………………………………………………………… …. .…………………………. That he shall attend the Officer-in-charge of …………………… ………………………………….…………………………………… Police Station or the Court of Shri…………………………………………………………………………………………………………….. every day on which any investigation in the charge is made or any trial on such charge is held that he shall be and reappear before such officer or court for the purpose of such investigation to answer the charge against him (as the case may be) and in the case or his making default herein I have blind myself to forefeit to Govt. the sum of Rs. ……………………………………………….
Dated this …………………… Day of ………………………. 20 ……
Signature.
Witness
1. ……………………………………………………………..
2. ……………………………………………………………..
AFFIDAVIT
I ………………………………….………………………son / daughter / wife of ……………… ……….………………………………. Aged about……………… R/o …………………… …………………………………………………………………..…………………………… do hereby solemnly affirm and declare as under …………………………………………………………… ……………………..
- That deponent is the resident of above said address and having his/her Ration Card no. is ………… ………….……………. and Election Card No. ………………………………………….. .
- That accused is ……………………………………………………………………………… ………………………… ………..………of the deponent and deponent has full control over him/her and capable to produce him/her before this hon'ble court.
- That deponent is working as …………………..………………………….. at …...……………… ………………………….. T/C. No………………………………………….… earns Rs ………………………..………………….. per month.
- That deponent is the owner of household articles valued about of Rs. …………………………………….
- That deponent is the owner of the immovable property bearing No. ………….…………… ………………. Measuring …………………………………..…… sq. yards situated at ……………… …………..…………………………… valued not less than Rs……………………………………
- That deponent undertakes to produce the accused before the honourable court on every date of hearing.
- That I have an F.D.R. No………………………………………………..… Issued by …………………………………….. For Rs. …………………………………….
- That I own a vehicle No. ………………………………….. make…………………………. R/C no ………………….…. ………………..…………. at present valued not less than Rs. ……………………………………….
DEPONENT
VERIFICATION
Verified at Delhi on this ……………………….. day of 200 ……….. that the contents of this Affidavit are true and correct to the best of my knowledge & nothing material has been concealed therefrom, no part of it is untrue.
DEPONENT
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