What is Bail?

The term ‘Bail’ has not been defined under the Criminal Procedure Code, 1973. Only the
term ‘Bailable Offence’ and ‘Non-Bailable Offence’ has been defined under Section
2(a) of Cr. PC. 
Bailable offence means an offence that is classified as bailable in the First Schedule of the
Code, or which is classified as bailable under any other law. An accused can claim bail as
a matter of right if he is accused of committing a bailable offence. The police officer or
any other authority has no right to reject the bail if the accused is ready to furnish bail.
Under Section 436 of CrPC 1973, a person accused of a bailable offence at any time
while under arrest without a warrant and at any stage of the proceedings has the right to
be released on bail.
Types of Bail –

Regular bail 
the court orders the release of a person who is under arrest, from police custody after
paying the amount as bail money. An accused can apply for regular bail under Section
437  and 439 of CrPC.
Interim bail 
This is a direct order by the court to provide temporary and short-term bail to the
accused until his regular or anticipatory bail application is pending before the court.

Anticipatory bail 
This is a direct order of Sessions or High Court to provide pre-arrest bail to an
accused of a crime. When the person has an apprehension of being arrested, the
person can apply for anticipatory bail. Anticipatory Bail has been covered under
Section 438 of CrPC.

The Procedure for Bail Application –

Firstly, applied after the arrest.
Secondly, the police officer in charge of the case itself.
Thirdly, In case of non bailable offences, either the police or the judicial magistrate
after satisfying the reasons of granting the bail.

Format of Bail – Format is given on the next page.

 BAIL APPLICATION NO. /2022
PRESENTATION DT. .

BEFORE THE HON’BLE COURT OF SESSIONS JUDGE, INDORE DIST

INDORE (M.P.)

Durgesh …………APPLICANT

Versus

State of M. P …………. RESPONDENT

INDEX

S.NO. PARTICULARS ANNX. PAGE NO.

1. Memo of Bail Application

PLACE: Submitted by,

DATED:
 BAIL APPLICATION NO. /2022
PRESENTATION DT. .

BEFORE THE HON’BLE COURT OF SESSIONS JUDGE, RAJGARH DIST.

RAJGARH (M.P.)

APPLICANT Durgesh S/o Surendra Kumar Hada

Age 22 Years, Occupation: Student

R/o Gaduli, Tehsil : Meghnagar, Dist. Jhabua

(M.P.)

VERSUS

NON-APPLICANT State of M.P. through

P.S. Khudel

Dist. Indore (M.P.)

FIRST APPLICATION U/S. 439 OF THE CODE OF CRIMINAL

PROCEDURE

Particulars of Crime

Crime No. 196/2022

Police Station KHUDEL

Offence U/S. 306, 34 of IPC

It is most humbly and respectfully submitted on behalf of the above named

Applicant/accused for his release on bail on the following grounds inter-alia:-
1. That, as per instructions on affidavit, this is the Applicant’s/accused First
Application for bail U/s. 439 Cr.P.C. before this Hon'ble Court.

2. That, no other application for grant of bail under the said provision of the
Applicant is pending or decided before any other court.

3. That, the Applicant is innocent of any offense and falsely implicated in the
above-mentioned case.

4. That, there are no eye witnesses of the alleged allegations against the
applicant.

5. That, there is no video and telephonic records or any other legal evidences present

that could connect the Applicant with the aforementioned offence.

6. That, there is no dying declaration stating the alleged allegations against the
applicant.

7. That, as per the norms by the UGC every college should have an Anti-
Ragging Committee and the said committee is present in the college of the
applicant.

8. That, there is no past record against the applicant for ragging.

9. That, the deceased is the medical student who at a young age is more
stressed and concerned due to high pressure of studies.

10. That, the applicant is the student of reputed college and serious stigma would
be caused to his prestige, if the Applicant is further detained.

11. That, the Applicant is of young age and his custody in jail in the company of

hardened criminals would adversely affect their future, career and mindset, there is

no direct evidence present against the applicants in the present case.

 12. That, the Applicant is permanent resident of Dist. Jhabua (M.P.) and there is no

apprehension of his either running away from the course of justice or tampering with

the prosecution evidence.

13. That, the Applicant is ready to furnish adequate surety and shall abide by all the

directions and conditions which this Hon’ble Court deems fit to impose upon him.

PRAYER

It is, therefore, most humbly and respectfully prayed that in the interest of
justice, pending the conclusion of trial, this Hon’ble Court may kindly be pleased to
order that the Applicant/ Accused be enlarged on bail.

PLACE: Submitted by,

DATED: