Anticipatory Bail Application Format Under Section 482 BNSS: PDF & Affidavit

Download anticipatory bail application format under Section 482 BNSS with affidavit, grounds, court procedure, conditions, and Supreme Court case laws after new criminal laws.

NEW DELHI: After 1 July 2024, anticipatory bail is no longer filed under Section 438 CrPC for new proceedings under the Bharatiya Nagarik Suraksha Sanhita, 2023. It is now filed under Section 482 BNSS, which gives a person the right to approach the Sessions Court or High Court when he has reason to believe that he may be arrested in a non-bailable offence.

Let me say this clearly: anticipatory bail is not a luxury. It is often the difference between fighting a case legally and being crushed first, heard later.

WHAT DOES SECTION 482 BNSS SAY?

Section 482 BNSS says that when any person has reason to believe that he may be arrested for a non-bailable offence, he may apply to the High Court or Court of Session for a direction that in the event of arrest, he shall be released on bail. The Court may impose conditions such as joining investigation, not threatening witnesses, not leaving India without permission, and other bail conditions.

A major statutory bar exists: Section 482(4) BNSS excludes anticipatory bail in accusations involving Section 65 BNS and Section 70(2) BNS.

SUPREME COURT LAW ON ANTICIPATORY BAIL

In Gurbaksh Singh Sibbia v. State of Punjab, (1980) 2 SCC 565, the Constitution Bench held that anticipatory bail is a device to secure individual liberty and the Court’s discretion should not be cut down by rigid formulas.

In Sushila Aggarwal v. State (NCT of Delhi), 2020, the Supreme Court held that anticipatory bail need not be time-bound as a rule and can continue till the end of trial unless special reasons justify limitation.

In Arnesh Kumar v. State of Bihar, the Supreme Court restricted routine arrests in offences punishable up to seven years, especially in matrimonial cases like 498A. This principle remains critical under the BNSS arrest framework.

In Satender Kumar Antil v. CBI, the Supreme Court again stressed that arrest is not automatic and bail jurisprudence must protect liberty, not punish before trial.

ANTICIPATORY BAIL APPLICATION FORMAT UNDER SECTION 482 BNSS

IN THE COURT OF SESSIONS JUDGE AT _______ / HIGH COURT OF _______

Anticipatory Bail Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023

In the matter of:

Applicant:
Name: _______
Father’s Name: _______
Address: _______

Versus

State / Complainant: _______

FIR Details:
FIR No.: _______
Police Station: _______
Sections Invoked: _______
Date of FIR: _______

Most Respectfully Showeth:

1. That the applicant is a law-abiding citizen and has been falsely implicated in the present case.
2. That the applicant has reason to believe that he may be arrested in connection with FIR No. _______ registered at Police Station _______ under Sections _______.
3. That the allegations are false, exaggerated, motivated, and do not require custodial interrogation.
4. That the applicant undertakes to join investigation as and when directed by the Investigating Officer.
5. That the applicant shall not tamper with evidence, threaten any witness, or misuse liberty.
6. That the applicant has deep roots in society and is not a flight risk.
7. That the applicant is ready to comply with any condition imposed by this Hon’ble Court.

Grounds

A. Because arrest is not automatic merely because an FIR has been registered.
B. Because custodial interrogation is not necessary in the facts of the case.
C. Because the applicant is willing to cooperate with investigation.
D. Because the allegations are vague/general/unsupported by documentary material.
E. Because the applicant has no criminal antecedents.
F. Because denial of pre-arrest protection would cause irreparable injury to liberty and reputation.
G. Because personal liberty under Article 21 of the Constitution cannot be destroyed on untested allegations.

Prayer

It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to:

a. Grant anticipatory bail to the applicant under Section 482 BNSS in FIR No. _______;
b. Direct that in the event of arrest, the applicant be released on bail;
c. Pass any other order deemed fit in the interest of justice.

Filed by:
Counsel for the Applicant
Place: _______
Date: _______

AFFIDAVIT FORMAT FOR ANTICIPATORY BAIL UNDER SECTION 482 BNSS

I, _______ S/o _______ R/o _______, do hereby solemnly affirm and state as under:

1. That I am the applicant in the accompanying anticipatory bail application and am fully conversant with the facts of the case.
2. That the contents of the application from paragraph 1 to paragraph ___ are true and correct to my knowledge and belief.
3. That no material fact has been concealed from this Hon’ble Court.
4. That I undertake to join investigation and comply with all conditions imposed by this Hon’ble Court.
5. That I shall not tamper with evidence, influence witnesses, or leave India without permission if directed by the Court.

Deponent

Verification:
Verified at _______ on this ___ day of _______ that the contents of this affidavit are true and correct.

Deponent

Documents To Attach

Attach FIR copy, notice if received, complaint copy, identity proof, address proof, medical documents if relevant, proof of cooperation, prior litigation record, WhatsApp/email evidence, call records where legally available, and any document showing false implication.

FINAL WORD

A false case does not become true because police registered an FIR. Arrest is not investigation. Jail is not justice. Section 482 BNSS is the first legal shield for a person who is ready to cooperate but refuses to surrender his liberty to pressure tactics.

FAQs