DR.

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

LUCKNOW

2021-2022

SYNOPSIS

SUBJECT : DRAFTING OF PLEADING AND CONVEYANCING

SUBMITTED BY- SUBMITTED TO-

SAURABH YADAV Dr. SAKUNTALA SANGAM

ENROLL.NO. 190101131 ASSISTANT PROFESSOR

SEMESTER - VI DEPT. OF LAW

RMLNLU, LUCKNOW
 SYNOPSIS

Title

Drafting of Application for Anticipatory Bail under Section 438 of the Code of Criminal
Procedure, 1973.

Statement of the problem/issue in the project/ Hypothesis

This project deals with the drafting of the anticipatory bail under the code of criminal procedure.
Anticipatory bail is a very important provision in the criminal law to protect the individuals from
unnecessary arrest and harassment. To protect the basic fundamental right to life and freedom is
the aim to introduce the anticipatory bail provision in the code. This project will explore the
anticipatory bail and ways to draft an effective pleading.

Aim and objective of the project

This project aims to achieve art of drafting the application for anticipatory bail, its basic
requirement and the ground on which anticipatory bail may be denied. Where any person has
reason to believe that he may be arrested on accusation of having committed a non-bailable
offence, he may apply to the High Court or the Court of Session for a direction under this section
that in the event of such arrest he shall be released on bail; and that Court may, after taking into
consideration, inter-alia, the following factors, namely-

I. the nature and gravity of the accusation;

II. the antecedents of the applicant including the fact as to whether he has previously
undergone imprisonment on conviction by a Court in respect of any cognizable offence;
III. the possibility of the applicant to flee from justice; and.
IV. where the accusation has been made with the object of injuring or humiliating the
applicant by having him so arrested, either reject the application forthwith or issue an
 interim order for the grant of anticipatory bail: Provided that, where the High Court or, as
the case may be, the Court of Session, has not passed any interim order under this Sub-
Section or has rejected the application for grant of anticipatory bail, it shall be open to an
officer in-charge of a police station to arrest, without warrant the applicant on the basis of
the accusation apprehended in such application.

Research methodology

The project work is descriptive analytical in approach and has been done taking the help
secondary help i.e. websites, articles, books etc. To construct this project the help of court rules,
case laws, dictionaries, websites, as well as foreign journals and books on the said topic has been
taken. The point as discussed in this project includes the study of different sources on the topic as
well as the points guided by the faculty. Foot-notes has also been provided for acknowledging
the source as and where needed.
 BIBLIOGRAPHY:

 Kolhatkar, Medha, Drafting, Pleading and Conveyancing, Lexis Nexis, Haryana.

 Agarwal, SP, Pleadings An Essential Guide, 2nd edition, Lexis Nexis, Haryana.
 N.D. Basu, The Code of Criminal Procedure, S.K. Bose Ed., Vol.1, 9th Edn., Ashoka
Law House, New Delhi, 2001.
 P. Ramanatha Aiyar, Code of Criminal Procedure, Justice J.K. Mathur Ed., Vol.2, 7th
Edn., Modern Publishers (India), Lucknow, 2000