ANTICIPATORY BAIL ORDER FORMAT

Posted on February 10, 2026 by Admin

ANTICIPATORY BAIL ORDER FORMAT

(Section 438, Code of Criminal Procedure, 1973)

IN THE COURT OF __________

(Sessions Court / High Court)

Case Title:
__________ vs. State of __________

Anticipatory Bail Application No.: __________
FIR No.: __________
Police Station: __________
Sections: __________

ORDER

This is an application filed under Section 438 of the Code of Criminal Procedure, 1973, seeking anticipatory bail in the event of arrest in connection with the aforesaid FIR.
Heard learned counsel for the applicant and learned APP for the State. Perused the case diary / record.

PROSECUTION CASE (BRIEF FACTS)

The prosecution case, in brief, is that on ___, the applicant is alleged to have __________, pursuant to which the present FIR has been registered for offences punishable under Sections __________ of IPC/other statutes.

SUBMISSIONS ON BEHALF OF THE APPLICANT

Learned counsel for the applicant submits that:
- the applicant is innocent and has been falsely implicated;
- custodial interrogation is not required;
- the applicant has cooperated / undertakes to cooperate with the investigation;
- the applicant has no criminal antecedents;
- arrest would result in irreparable injury to the liberty of the applicant.

SUBMISSIONS ON BEHALF OF THE STATE

Learned APP for the State opposes the application on the ground that the allegations are serious in nature and custodial interrogation of the applicant may be required.

COURT’S CONSIDERATION & FINDINGS

I have considered the rival submissions and carefully perused the material on record.
The law relating to anticipatory bail is well settled by the Constitution Bench judgment in Gurbaksh Singh Sibbia v. State of Punjab, wherein it has been held that Section 438 CrPC is a measure to protect personal liberty and must be applied with judicial discretion.
Further, in Sushila Aggarwal v. State (NCT of Delhi), the Hon’ble Supreme Court held that anticipatory bail need not be limited by time unless specific circumstances so require.
In the present case, considering:
- the nature of accusations,
- the role attributed to the applicant,
- absence of criminal antecedents,
- the fact that custodial interrogation does not appear necessary at this stage,

this Court is of the considered opinion that the applicant deserves protection under Section 438 CrPC.

ORDER

Accordingly, the application is allowed.
It is directed that in the event of arrest, the applicant shall be released on anticipatory bail on furnishing:

a personal bond of ₹_____
with ___ surety/sureties of the like amount

to the satisfaction of the Arresting Officer / Trial Court, subject to the following conditions:

CONDITIONS UNDER SECTION 438(2) CrPC

i. The applicant shall make himself/herself available for interrogation as and when required by the Investigating Officer.
ii. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case.
iii. The applicant shall not leave India without prior permission of the Court.
iv. The applicant shall cooperate with the investigation and shall not misuse the liberty granted.
v. In case of violation of any condition, the prosecution shall be at liberty to seek cancellation of bail.

CLARIFICATION

It is clarified that the observations made herein are only for the purpose of deciding the present application and shall not influence the merits of the case during trial.

Order accordingly.

Date: _____
Place: _____

(Judge’s Signature)
Name & Designation