Criminal and bail

Regular bail application format under the BNSS, 2023

How a regular bail application is drafted and filed under the BNSS, 2023: the governing sections, the grounds that courts look for, the structure of the petition, and the undertakings to include.

A regular bail application is filed by a person already in custody, seeking release pending investigation or trial. Under the Bharatiya Nagarik Suraksha Sanhita, 2023 it is moved under Section 480 before the Magistrate and under Section 483 before the Court of Session or the High Court, being the provisions that replaced Sections 437 and 439 of the Code of Criminal Procedure, 1973. The application must set out the FIR particulars, the accused's role, the grounds for release (parity, delay, completion of investigation, nature of the offence, health, custody period) and offer the conditions the accused is willing to abide by.

Governed by
  • Sections 480 and 483, Bharatiya Nagarik Suraksha Sanhita, 2023 (replacing Sections 437 and 439 CrPC)
  • Bharatiya Nyaya Sanhita, 2023 for the substantive offences
  • Article 21, Constitution of India
Where it is filed
The Judicial Magistrate or Chief Judicial Magistrate for offences triable by a Magistrate; the Court of Session and thereafter the High Court for offences exclusively triable by Sessions or where the Magistrate has refused bail.
Who files it
The accused in custody, through an advocate, or a person authorised on the accused's behalf.
Time limit
No limitation. A fresh application on changed circumstances is maintainable; a successive application on the same facts is not.
Court fee and stamp
Nominal process fee as prescribed by the State's rules of practice.
Languages PleadEasy drafts this in
English, Hindi, Tamil, Malayalam

What a regular bail application must contain

The parts below are the structure of the document in filing order. The operative wording is a matter for the drafting advocate and for the practice of the court concerned.

  1. 1.Cause title

    Court, Crime Number or Calendar Case number, the police station, the name of the accused and the accused number in the array.

  2. 2.Offence particulars

    Sections of the BNS, 2023 (and any special enactment) alleged, the date of arrest, and the court that remanded the accused.

  3. 3.Prosecution case in brief

    A neutral summary of the allegation as it appears in the FIR or remand report, without arguing it.

  4. 4.Grounds for bail

    Numbered grounds: the accused's role as against co-accused, absence of recovery pending, period already in custody, completion of investigation or filing of the final report, parity with a released co-accused, health or age, and roots in the community.

  5. 5.Undertakings

    That the accused will not tamper with evidence, will not influence witnesses, will attend every hearing, will not leave the jurisdiction without leave, and will abide by any condition the court imposes.

  6. 6.Prayer

    The specific direction sought, being enlargement on bail on such terms as the court deems fit, and any interim prayer.

  7. 7.Supporting affidavit

    Affidavit of the accused or a family member verifying the facts, with the FIR copy and remand order annexed.

Mistakes that get this document returned

  • Not annexing the FIR and the remand order, leaving the court without the basic record.
  • Pleading parity with a co-accused without setting out how the roles are actually comparable.
  • Arguing the merits of the defence at length rather than the grounds relevant to custody.
  • Omitting the custody period, which is often the strongest ground.
  • Failing to disclose earlier bail applications and their outcome, which courts treat seriously.

Frequently asked questions

Which section of the BNSS replaces Section 439 CrPC?

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 carries the special powers of the High Court and the Court of Session regarding bail that were in Section 439 CrPC. Section 480 BNSS corresponds to Section 437 CrPC.

Can a second bail application be filed after rejection?

Yes, but only on a change of circumstances: for example the filing of the final report, a long further period in custody, or the release of a similarly placed co-accused. A repeat on identical facts is liable to be dismissed.

Should the bail application disclose earlier applications?

Yes. Suppressing an earlier rejection is treated as a serious impropriety and by itself can cost the accused the order.

Does PleadEasy draft bail applications in Tamil?

Yes. Bail applications are drafted natively in English, Hindi, Tamil or Malayalam using the cause-title and prayer conventions of the selected district court, and the advocate must review and approve the draft before it can be exported.

Draft a regular bail application from your client conversation

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Related formats

Last reviewed 30 August 2026. This guide is general information about court procedure for advocates. It is not legal advice and does not replace the rules of practice of the court you are filing in.