Heading and Jurisdiction

• Court Name: Begin with the name of the court where the petition is being filed (e.g., Sessions Court, High Court).
• Petition Number: Leave a space for the petition number to be filled in by the court.
• Title: Write “Anticipatory Bail Petition under Section 438 of the Code of Criminal Procedure, 1973”.

Parties Involved

• Applicant’s Name: Full name, age, and address of the applicant.
• Respondent’s Name: State and police station involved.

Statement of Facts

• Brief Introduction: Explain the background of the case.
• Allegations: Clearly state the allegations made against the applicant.
• Applicant’s Version: Provide the applicant’s version of the facts, highlighting any discrepancies or misrepresentations in the allegations.

Grounds for Anticipatory Bail

• Innocence: Assert the applicant’s innocence and non-involvement in the alleged crime.
• Misuse of Process: Argue that the complaint is frivolous, motivated, or intended to harass.
• No Criminal History: Mention if the applicant has no prior criminal record.
• Stable Background: State the applicant’s social and economic background.
• Cooperation with Investigation: Emphasize the applicant’s willingness to cooperate with the investigation.
• Flight Risk: Argue that the applicant is not a flight risk and will not abscond.

Legal Provisions and Precedents

• Relevant Laws: Cite relevant sections of the Code of Criminal Procedure and any other applicable laws.
• Judicial Precedents: Mention any relevant case laws or judicial precedents that support the grant of anticipatory bail.

Prayer Clause

• Relief Sought: Clearly state the relief sought, i.e., grant of anticipatory bail.
• Conditions: Mention any conditions the applicant is willing to adhere to if bail is granted (e.g., surrender of passport, regular appearance before the investigating officer).

Verification and Affidavit

• Verification: Include a verification statement by the applicant affirming the truthfulness of the contents.
• Affidavit: Attach an affidavit signed by the applicant verifying the petition.

Supporting Documents

• List of Documents: Attach copies of any relevant documents that support the applicant’s case, such as identity proof, complaint copy, FIR, medical reports, etc.

Complete Draft

IN THE COURT OF PRICIPAL SESSIONS JUDGE, FAZALGARH

ABP NO. _____/2021

Mr Hassan Rahman, age: 35 yrs, S/o Mohamad Rahman, R/o village Rohini, P.S. Vikasnagar, District: Fazalgarh.                                …………………Petitioner

Versus

The State                                                             …………………Respondent or OP

Petition under section 438(1) CrPC for grant of anticipatory Bail against case arising u/s 120B, 379, 451, 452, 453/34 IPC.

________________________________________

The Petioner has filed anticipatory bail petition under S. 438(1) before this learned court.

The Petitioner most respectfully sheweth:-

1. That the Petitioner Hassan Rahman, age 35 years, S/o Mohamad Rahman, R/o village Rohini, P.S. Vikasnagar, District: Fazalgarh has filed anticipatory bail having an apprehension of arrest.
2. That the Petitioner has committeed no offence under law nor facts.
3. The Petitioner is a teacher by profession and has very good reputation in the village.
4. That the Petitioner has been falsely made accused in this case which is stated briefly as follows:-
   1. The Petitioner and the informant are neighbours, the informant was outside of village when the offence was committed and the petitioner informed informant about the offence committed in his house at night. The Petitioner is made accused because his house is too close that how he is not able to listen the noise of breaking of wall. This shows the ill intention of petition to committ offence in furtharence of common intention with Mahesh to break the house and take revenge of past incidents.
5. That the petitioner is praying before this learned court on following

GROUNDS

1. For that the Petitioner has no information regarding the commission of offence as he has no relations with Mahesh.
2. For that the Petitioner has been made accused under the misconception of facts by the informant.
3. For that the Petitioner is local man having movable and immovable property in the jurisdiction of this learned court.
4. For that the Petitioner will fullfill all the conditions of Anticipatory bail and follows the direction of court.
5. For that the Petitoner will not abscond from village.
6. For that the case made out against the Petitioner is false and palpable one.

It is therefore prayed to this learned court to grant anticipatory bail to the petitioner.

The Petitioner shall in duty bound shall ever pray.

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