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BAIL DRAFT FOR THE GUIDANCE OF YOUNG LAWYERS AND STUDENTS OF LAW

IN THE COURT OF THE LEARNED SESSIONS JUDGE, [CITY]

Criminal Misc. No. ________ of 2025
In the matter of:
Post-Arrest Bail Petition under Section 497 Cr.P.C.

In the matter of:

[Name of Accused]
S/o [Father’s Name],
R/o [Address]
— Petitioner/Accused —

VERSUS

The State
— Respondent —

POST-ARREST BAIL PETITION UNDER SECTION 497 Cr.P.C. ON BEHALF OF THE ACCUSED/APPLICANT

RESPECTFULLY SHOWETH:

1. That the petitioner is an accused in FIR No. ___ dated ___ registered at Police Station [Name], under Sections 302/34 PPC.

2. That the petitioner is innocent and has been falsely implicated in the instant case due to malafide and ulterior motives, arising out of enmity/litigation/other compelling circumstances, which shall be proved at the trial.

3. That the FIR is delayed/lodged with malice/does not assign any specific role to the petitioner and is based on vague and general allegations.

4. That the name of the petitioner does not appear in the FIR / the petitioner has been implicated subsequently during investigation / there is no direct evidence against the petitioner.

5. That no recovery has been effected from the petitioner and nothing has been recovered at his instance.

6. That the prosecution story is highly doubtful and the case calls for further inquiry within the meaning of the first proviso to Section 497(2) Cr.P.C.

7. That the petitioner has no previous criminal record and is a respectable citizen of society.

8. That the petitioner is behind bars since [mention duration], and no useful purpose will be served by keeping him in custody any longer.

9. That the investigation of the case has been completed and challan/report under Section 173 Cr.P.C. has been submitted / is about to be submitted.

10. That the petitioner undertakes not to tamper with the prosecution evidence or influence any witness and is ready to comply with any condition imposed by the learned court.

11. That the petitioner is willing to furnish surety to the satisfaction of this Hon’ble Court.

12. That the petitioner has a constitutional right to be treated in accordance with law, and the principle of bail being a rule and jail an exception applies in the instant case.

13. That the petitioner has a strong prima facie case and is likely to be acquitted in trial.

14. That this petition is being filed before this Hon’ble Court for the ends of justice.

PRAYER:

In view of the above submissions, it is respectfully prayed that this Hon’ble Court may graciously be pleased to grant post-arrest bail to the petitioner/accused in FIR No. ___ dated ___, under Sections 302/34 PPC, registered at Police Station [Name], in the interest of justice.

Any other relief deemed just and proper may also be granted.

PETITIONER/APPLICANT
[Name]
Through Counsel:
[Name of Advocate]
Advocate High Court