I. TYPES OF BAIL – BASIC DIFFERENCE
| Bail Type | Situation |
| Regular Bail | Person is already arrested / in custody |
| Anticipatory Bail | Person apprehends arrest |
II. RELEVANT SECTIONS (CrPC vs BNSS)
1️. REGULAR BAIL (ARRESTED PERSON)
CrPC
- Section 437 – Bail by Magistrate
- Section 439 – Bail by Sessions Court / High Court
BNSS (Bharatiya Nagarik Suraksha Sanhita, 2023)
- Section 480 – (equivalent of 437 CrPC)
- Section 483 – (equivalent of 439 CrPC)
2️. ANTICIPATORY BAIL
CrPC
- Section 438 CrPC
BNSS
- Section 482 BNSS (Anticipatory Bail retained with safeguards)
III. HOW TO DRAFT REGULAR BAIL (ARRESTED PERSON)
A. WHEN TO FILE
✔️ After arrest
✔️ Accused is in judicial/police custody
B. HEADING (FORMAT)
IN THE COURT OF ………
Bail Application under Section 437 / 439 CrPC
(or Section 480 / 483 BNSS)
FIR No. ___ / Police Station ___
State vs XYZ
C. STRUCTURE OF REGULAR BAIL APPLICATION
1️. Intro Paragraph
- Name of accused
- Date of arrest
- Offences invoked
Sample:
That the applicant has been arrested on ..2026 in FIR No.___ registered under Sections ___ IPC/other Acts and is presently lodged in judicial custody.
2️. Grounds for Bail (MOST IMPORTANT)
Common grounds
(use 4–6 only, not all)
- Offence is bailable / triable by Magistrate
- No criminal antecedents
- Investigation substantially complete
- Custodial interrogation not required
- Accused is permanent resident
- No chance of absconding
- No recovery pending
Sample:
That the applicant has deep roots in society and undertakes to cooperate with the investigation and trial.
3️. Legal Grounds
Add case law sparingly:
- State of Rajasthan v. Balchand – bail is rule
- Sanjay Chandra v. CBI – jail is exception
4️. Prayer Clause
It is therefore prayed that this Hon’ble Court may graciously be pleased to release the applicant on bail in the interest of justice.
D. IMPORTANT NOTE (REGULAR BAIL)
Custody mention compulsory
Medical / family grounds can be added
Surety details NOT required at drafting stage
IV. HOW TO DRAFT ANTICIPATORY BAIL
A. WHEN TO FILE
✔️ Before arrest
✔️ FIR registered OR apprehension based on complaint
B. HEADING
Anticipatory Bail Application under Section 438 CrPC
(or Section 482 BNSS)
C. STRUCTURE OF ANTICIPATORY BAIL
1️. Intro Paragraph
That the applicant apprehends arrest in FIR No.___ registered under Sections ___ IPC at Police Station ___.
DO NOT say “arrested”
2️. Grounds (Different from Regular Bail)
Key grounds
- False implication
- Civil / matrimonial dispute given criminal colour
- No recovery pending
- Applicant willing to join investigation
- Custodial interrogation not required
Sample:
That the applicant undertakes to join investigation as and when required and shall not misuse liberty.
3️. Special Anticipatory Bail Grounds
Mention:
- No previous criminal history
- FIR motivated / delayed
- Allegations are omnibus
4️. Prayer
In view of the facts stated above, it is prayed that in the event of arrest, the applicant may kindly be released on anticipatory bail.
D. CONDITIONS (VERY IMPORTANT)
Court may impose:
- Join investigation
- No threat to witnesses
- No travel abroad
- Mobile number sharing
V. DIFFERENCE IN DRAFTING STYLE (VERY IMPORTANT)
| Point | Regular Bail | Anticipatory Bail |
| Custody mentioned | YES | NO |
| “Apprehends arrest” | NO | YES |
| FIR stage | Arrest done | Arrest likely |
| Focus | Liberty + custody | False implication |
VI. BNSS-SPECIFIC DRAFTING TIPS
Under BNSS:
- Courts emphasize cooperation with investigation
- Mention compliance with Section 35 BNSS (notice of appearance)
- Stress no need for arrest
Sample Line (BNSS):
That the applicant is entitled to the protection of Section 482 BNSS as arrest is not necessary for the purpose of investigation.
VII. COMMON DRAFTING MISTAKES ❌
❌ Filing 438 when already arrested
❌ Mentioning custody in anticipatory bail
❌ Copy-paste grounds without facts
❌ Overloading with 10–15 case laws
VIII. ONE-LINE COURT READY DIFFERENCE
Regular bail is sought after arrest under Sections 437/439 CrPC (480/483 BNSS), whereas anticipatory bail is a pre-arrest protection sought under Section 438 CrPC (482 BNSS) based on apprehension of arrest.
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