Format of Anticipatory Bail: How to Draft It Under BNSS

The format of anticipatory bail application is simple. It has a court heading and cause title, the applicant’s details, numbered facts, grounds, undertakings, a prayer, the advocate’s signature, and a verification or affidavit. You file it in the Sessions Court (the district court) under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Below you get a copy-ready skeleton for each part.

The problem is that most templates online still cite Section 438 CrPC, or they are generic text that never says why you fear arrest. A weak anticipatory bail petition gets a thin hearing. Many applicants also copy claims such as "no criminal antecedents" without checking that they are true, and that costs credibility before the judge.

This guide walks you through the application for anticipatory bail in four steps. You will gather the facts, draft the main body, write the grounds and prayer, and then file and follow the conditions. Adv. Bindu Dubey & Associates drafts these applications for the Sessions Courts and the Bombay High Court from Navi Mumbai. Have an advocate review your draft before you file it.

What a Section 482 BNSS application must do

Section 482 BNSS replaced Section 438 CrPC

An anticipatory bail application is a petition under Section 482 BNSS, which replaced Section 438 CrPC for proceedings after 1 July 2024. It asks the Sessions Court or the High Court to direct that you be released on bail if you are arrested. You can apply when you have reason to believe you may be arrested for a non-bailable offence.

Update any older draft you find. Cite BNSS and the Bharatiya Nyaya Sanhita (BNS) sections, and mention the old IPC section only if the FIR still uses it. Section 482(4) bars anticipatory bail for accusations under Section 65 and Section 70(2) BNS, so check the sections in your FIR first.

Cite Section 482 BNSS, not Section 438 CrPC, in every new application.

Where to file and when

File before the Sessions Court that has jurisdiction over the police station handling your case. The High Court also has power under Section 482, but applicants usually start in the Sessions Court. You do not need a registered FIR. A specific, credible apprehension, such as a police notice or a named complaint, is enough.

Courts in Maharashtra expect a typed application in format of anticipatory bail with your advocate’s signature, so draft it in Word and print or export it to PDF. The Supreme Court in Sushila Aggarwal v. State (NCT of Delhi) (2020) held that protection need not be time-bound as a rule. Do not rely on this alone. Your application should still give the court reasons.

Step 1. Gather the facts and documents

Collect the papers before you draft

Write the application only after you have the papers in hand and know the best format of anticipatory bail. Missing documents lead to vague paragraphs, and vague paragraphs weaken the application. Gather these:

• Copy of the FIR, or the written complaint if no FIR exists yet
• Any police notice, including a notice under Section 35(3) BNSS, and your reply
• Identity and address proof
• Proof of roots in the community, such as property papers, a rent agreement, or an employment letter
• Record of any earlier case or bail order, including a note that no earlier anticipatory bail application was filed
• Messages, emails, or call records that show the dispute is personal or civil

Pin down why you fear arrest

The court wants a concrete reason to believe you will be arrested. "I am afraid" does not help. Write down dates and events: a police call on a named date, a notice you received, a complaint a relative told you about, or threats from the complainant.

Keep the facts of the dispute short and in sequence. Note what you did, when you learned of the complaint, and whether you have cooperated. These notes become paragraphs 2 to 5 of your draft.

A specific apprehension of arrest, with dates, carries more weight than any general statement of innocence.

Step 2. Draft the main body of the application

Use this cause title and opening paragraphs

Open with the court heading, the parties, and the statutory provision. The body should be numbered paragraphs, each making one point. Replace everything in square brackets.

IN THE COURT OF THE SESSIONS JUDGE AT [PLACE]
CRIMINAL BAIL APPLICATION NO. ____ OF 2026

[FULL NAME], Age [__], Occupation [__],
R/o [COMPLETE ADDRESS]                    ...APPLICANT
        VERSUS
THE STATE OF MAHARASHTRA,
Through [POLICE STATION], [DISTRICT]      ...RESPONDENT

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

MOST RESPECTFULLY SHOWETH:

1. The applicant apprehends arrest in connection with C.R. No. [__]
of [YEAR], registered at [POLICE STATION] under Sections [BNS/IPC
SECTIONS] / the complaint dated [DATE] made by [NAME].
2. Brief facts: [NUMBERED, DATED SUMMARY OF EVENTS].
3. The applicant has reason to believe he/she may be arrested
because [POLICE NOTICE / CALLS / THREATS, WITH DATES].
4. The applicant is a resident of [AREA] for [__] years, is
[EMPLOYED/IN BUSINESS] as [DETAILS], and has [NO / THE FOLLOWING]
criminal antecedents: [DETAILS].
5. This is the first application for anticipatory bail in this matter
before any court.

Keep the opening factual

Avoid adjectives such as "totally false and malicious" unless you can back them with documents. Judges read hundreds of these. A calm, dated account of events is more convincing than strong language.

Include the FIR number, police station, and sections exactly as they appear on the FIR copy. A wrong section or date is the most common drafting error, and it signals a copied template.

Step 3. Add grounds, undertakings, prayer and verification

Write grounds the judge can test

Grounds are the legal reasons you deserve protection. Pick only those that fit your facts, and tie each one to a document or event.

• Custodial interrogation is not needed because the evidence is documentary or already with the police.
• You have cooperated, for example by replying to the notice or attending when called.
• You are not a flight risk because of your fixed residence, job, and family.
• The dispute is matrimonial, financial, or civil in nature, and the FIR was filed after a delay.
• The offence carries up to seven years, so arrest should follow the safeguards in Arnesh Kumar v. State of Bihar.
• Arrest would harm your liberty and reputation under Article 21, as stressed in Gurbaksh Singh Sibbia v. State of Punjab (1980).

Close with undertakings, prayer and verification

The prayer states exactly what you want in a roper format of anticipatory bail. The undertakings reflect the conditions the court may impose under Section 482(2): joining the investigation, not influencing witnesses, and not leaving India without permission.

6. The applicant undertakes to join the investigation whenever
called, not to tamper with evidence or threaten any witness, not to
leave India without the court's permission, and to abide by any
condition imposed by this Hon'ble Court.

PRAYER
It is prayed that this Hon'ble Court may be pleased to:
(a) direct that, in the event of arrest in C.R. No. [__] of [YEAR],
the applicant be released on bail on such terms and conditions as
the Court deems fit;
(b) grant interim protection from arrest until the final hearing;
(c) pass any other order in the interest of justice.

Place: [CITY]   Date: [DATE]
[ADVOCATE NAME AND SIGNATURE], Advocate for the Applicant

VERIFICATION
I, [NAME], verify that paragraphs 1 to 6 are true and correct to my
knowledge and belief and that nothing material has been concealed.
Verified at [CITY] on [DATE].          [SIGNATURE OF APPLICANT]

Every undertaking you write is a promise the court will enforce, so include only what you will actually do.

Step 4. File the application and follow the order

File, serve and argue

Sign the vakalatnama, attach the documents as annexures, and file with the Sessions Court registry. Ask for an urgent listing and interim protection if arrest looks imminent. The court normally hears the Public Prosecutor before deciding, so be ready to answer the State’s objections from your annexures.

Timing varies by case. As a rough guide, bail matters on minor offences can finish within one to three days. Serious non-bailable offences in the Sessions Court or High Court may take one to two weeks. If the Sessions Court refuses, you can approach the High Court, Mumbai.

File with complete annexures, because the judge decides on what is in front of them on the day.

Comply with the conditions

If the court grants anticipatory bail, read the order closely and follow every condition. Attend each police call or notice, give a fixed phone number and address, and surrender your passport if directed. Keep copies of the order with you.

Breaking a condition gives the State grounds to seek cancellation. Under Sushila Aggarwal, protection can last until the end of trial unless the court sets a limit. Check your order for any time limit.

Next steps if you are facing arrest

You now have the structure: Section 482 BNSS in the heading, dated facts, specific grounds, undertakings you can keep, a clear prayer, and a verification. A good draft is accurate and specific. The template above is a starting point, and your facts decide the rest.

If an arrest looks close, speak to an advocate before you file. You can reach Adv. Bindu Dubey & Associates through our anticipatory bail lawyer team by phone or WhatsApp, or book a personal or phone consultation. We draft and file applications in the Sessions Courts and the Bombay High Court.