Criminal and bail
Bail bond and surety bond format
What a bail bond and a surety bond must contain after bail is granted, the documents a surety must produce, and the conditions that lead to forfeiture.
Once bail is granted, release follows only on execution of a bail bond by the accused and a surety bond by one or more sureties, in the amount and on the conditions the court has fixed. The bond binds the accused to attend court on every date and binds the surety to produce the accused, on pain of forfeiture of the bond amount. Sureties must establish identity, residence within jurisdiction and solvency to the value of the bond.
- Governed by
- Bharatiya Nagarik Suraksha Sanhita, 2023, the provisions on bonds, sureties and forfeiture
- Where it is filed
- The court that granted bail, or the court to which the order is transmitted for execution.
- Who files it
- The accused (bail bond) and each surety (surety bond), before the court or the jail authority as directed.
- Court fee and stamp
- Stamp as prescribed by the State Stamp Act for bonds.
What a bail bond and surety bond 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.Reference to the bail order
The court, case number, date of the order granting bail and the amount and conditions fixed.
2.Accused's undertaking
Undertaking to attend the court on every date until the conclusion of the proceeding and not to leave the jurisdiction without leave.
3.Surety's particulars
Name, age, father's name, occupation, address within the court's jurisdiction, and relationship to the accused.
4.Solvency
Description of the property or income offered as security, with supporting documents: patta or property tax receipt, salary certificate, bank statement, or an income certificate.
5.Identity proof
Aadhaar, voter identity card or ration card of the surety, and recent photographs, as the local rules require.
6.Forfeiture clause
The undertaking to pay the bond amount to the State if the accused fails to appear.
Mistakes that get this document returned
- Offering a surety resident outside the court's jurisdiction, which most courts reject.
- Solvency documents in a third party's name without linking them to the surety.
- A single surety offered where the order requires two.
- Not appearing for verification of the surety on the date the court fixes, delaying release by days.
Frequently asked questions
What documents does a surety need in India?
Typically photo identity, proof of residence within the court's jurisdiction, and proof of solvency to the bond value: property tax or patta records, salary certificate, or a bank statement. The exact list is set by the local court's practice.
What happens if the accused absconds?
The court issues notice to the surety to show cause and may forfeit the bond amount and recover it as arrears of land revenue, besides issuing process against the accused.
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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.