Bail application format under the BNSS (regular bail)

Guide · Last verified against the bare Acts on 2026-11-09

A bail application asks the court to release an arrested person while the case continues. Before a Magistrate it is filed under Section 480 BNSS (formerly Section 437 CrPC); before the Court of Session or the High Court under Section 483 BNSS (formerly Section 439 CrPC). For a bailable offence, bail is a right under Section 478 BNSS.

Draft a bail application with your facts See 46 formats

Key points

Bailable offence: bail is a right (Section 478 BNSS; formerly 436 CrPC).
Non-bailable offence: Magistrate under Section 480 BNSS; Sessions Court or High Court under Section 483 BNSS.
Default bail if the charge-sheet is not filed within 60 or 90 days: Section 187(3) BNSS (formerly 167(2) CrPC).
An undertrial who has been detained for half the maximum sentence (one-third for a first-time offender) is to be released on bail, except in offences punishable with death or life imprisonment: Section 479 BNSS (formerly 436A CrPC).
Courts weigh the nature and gravity of the accusation, the evidence, the risk of the accused absconding and the risk of tampering with evidence or influencing witnesses. The Supreme Court laid down bail guidelines in Satender Kumar Antil v. CBI, (2022) 10 SCC 51.

The law: old and new provisions

Subject	Law now	Before 1 July 2024
Bail in a bailable offence	Section 478 BNSS	Section 436 CrPC
Bail in a non-bailable offence by a Magistrate	Section 480 BNSS	Section 437 CrPC
Bail by the Sessions Court or High Court	Section 483 BNSS	Section 439 CrPC
Default (statutory) bail	Section 187(3) BNSS	Section 167(2) CrPC
Maximum detention of an undertrial	Section 479 BNSS	Section 436A CrPC
Bail pending appeal (suspension of sentence)	Section 430 BNSS	Section 389 CrPC

Which court or authority

The Magistrate before whom the accused is produced; if refused, the Court of Session; then the High Court.

What the document should contain

Cause title with FIR number, police station and sections of the BNS (or IPC for older offences)
Date of arrest and period in custody
Brief facts and the applicant’s defence
Grounds: parity with co-accused, stage of investigation, charge-sheet filed or not, no antecedents, roots in society, health or family circumstances
Disclosure of earlier bail applications and their outcome
Undertaking to abide by conditions
Prayer for release on bail on such terms as the court thinks fit
Affidavit (usually by a relative, the pairokar, when the applicant is in custody)

Documents to attach

Copy of the FIR and the arrest memo
Custody certificate from the jail
Copies of earlier bail orders, including any granted to co-accused
Charge-sheet, if filed
Medical records, if health is a ground
Surety documents: identity, address and property or income proof of sureties
Vakalatnama

Procedure

File the bail application before the court having jurisdiction, with the pairokar’s affidavit
The Public Prosecutor files a reply or the police produce the case diary
Arguments on the first or next date; the court passes an order
If bail is granted, furnish the bail bond and surety bonds; get the release order sent to the jail

Common mistakes

Citing Sections 437/439 CrPC for an FIR registered on or after 1 July 2024
Not disclosing an earlier rejected bail application
Not annexing the bail order of a co-accused when claiming parity
Copying grounds that do not fit the facts (for example “not named in the FIR” when the applicant is named)

Sample bail application format

A short model to show the structure. Adapt the cause title, facts and prayer to your matter.

IN THE COURT OF THE [SESSIONS JUDGE / CHIEF JUDICIAL MAGISTRATE], [DISTRICT] Bail Application No. [____] of [year] [Name of applicant], son/daughter of [name], aged [__] years, resident of [address] … Applicant / Accused Versus State of [State] … Respondent FIR No. [__] dated [date], Police Station [name], under Sections [__] of the Bharatiya Nyaya Sanhita, 2023 APPLICATION UNDER SECTION [483 / 480] OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 FOR GRANT OF REGULAR BAIL MOST RESPECTFULLY SHOWETH: 1. That the applicant was arrested on [date] in the above FIR and is in judicial custody since [date]. 2. That the allegation against the applicant is that [brief allegation]. 3. That the applicant is innocent and has been falsely implicated because [facts]. 4. That the investigation is [complete / charge-sheet filed on (date)], and the applicant is no longer required for investigation. 5. That co-accused [name], against whom similar allegations are made, has been granted bail by [court] on [date]. (Copy annexed as Annexure A-1.) 6. That the applicant has no criminal antecedents, has permanent residence at the above address, and there is no likelihood of absconding or of tampering with evidence or witnesses. 7. That the applicant undertakes to appear on every date and abide by any condition imposed by this Hon’ble Court. 8. That no other bail application has been filed in this matter before any court. [or: details of the earlier application and its result] PRAYER It is therefore prayed that this Hon’ble Court may be pleased to release the applicant on bail in the above FIR on such terms as it deems fit, in the interest of justice. Place: [__] Applicant Date: [__] Through Counsel [name, enrolment no.] (Supported by the affidavit of [pairokar’s name and relationship].)

Frequently asked questions

Under which section is regular bail filed after 1 July 2024?

Before a Magistrate, under Section 480 BNSS; before the Sessions Court or High Court, under Section 483 BNSS. The CrPC sections (437 and 439) continue to apply to proceedings that began before 1 July 2024.

Who signs the affidavit when the accused is in jail?

Usually a close relative acting as pairokar swears the affidavit, because the accused cannot appear before a notary or oath commissioner while in custody.

What is default bail?

If the police do not file the charge-sheet within 60 days (or 90 days for offences punishable with death, life imprisonment or imprisonment of ten years or more), the accused is entitled to bail under Section 187(3) BNSS if they apply before the charge-sheet is filed.

Can parity with a co-accused alone get bail?

Parity is a strong ground when the roles are similar, but it is not automatic; courts compare the role attributed to each accused.

What happens after bail is granted?

The accused furnishes a bail bond and sureties as ordered; after verification the court issues a release order to the jail.

This guide summarises the law for advocates and is not legal advice. Statutes and court rules change: check the current text before filing.