FormatBail application

Bail application format under Section 483 BNSS

A bail application is not a prescribed form, so what follows is a skeleton rather than a fill-in-the-blanks template: the cause title and prayer that a Sessions Court in Tamil Nadu expects, the supporting affidavit, and the grounds that are actually available. Plead only the grounds your record supports.

Prepared by

Shrinandhini S

Legal Content Drafter and Editorial Contributor

Reviewed by

Saseendran V,Vijayalakshmi V

Final legal approval: Vijayalakshmi V

Last updated

13 August 2026

Legal basis

Drafted for a Court of Session in Tamil Nadu. For an application before a Magistrate the enabling provision is Section 480 BNSS, and for anticipatory bail it is Section 482 BNSS; the cause title and prayer change accordingly.

Special powers of the High Court and Court of Session as to bail: Section 483, Bharatiya Nagarik Suraksha Sanhita, 2023
Bail by a Magistrate in a non-bailable offence: Section 480, Bharatiya Nagarik Suraksha Sanhita, 2023
Anticipatory bail: Section 482, Bharatiya Nagarik Suraksha Sanhita, 2023
Release of an undertrial who has undergone part of the sentence: Section 479, Bharatiya Nagarik Suraksha Sanhita, 2023

The format

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Court

IN THE COURT OF THE [PRINCIPAL] SESSIONS JUDGE, [DISTRICT](at Chennai: IN THE COURT OF THE PRINCIPAL SESSIONS JUDGE, CHENNAI)

Cause title

Crl. M.P. No. __________ of 20____ [NAME], aged ____ years,[S/o. / D/o. / W/o.] [NAME],residing at [FULL ADDRESS],now confined at [NAME] Prison, [PLACE] ... Petitioner / Accused Vs. State represented byThe Inspector of Police,[NAME] Police Station,[DISTRICT] ... Respondent [Crime No. [ ] of 20____ on the file of the [NAME] Police Station][Offences under Sections [ ] of the Bharatiya Nyaya Sanhita, 2023]

PETITION UNDER SECTION 483 OF THE BHARATIYANAGARIK SURAKSHA SANHITA, 2023

Prayer

For the reasons stated in the accompanying affidavit, the petitioner respectfully prays that this Hon'ble Court may be pleased to enlarge the petitioner on bail in Crime No. [ ] of 20____ on the file of the [NAME] Police Station, [DISTRICT], on such terms and conditions as this Hon'ble Court may deem fit to impose, and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case, and thus render justice. [PLACE] ____________________________[DATE] Counsel for the Petitioner

Affidavit

IN THE COURT OF THE [PRINCIPAL] SESSIONS JUDGE, [DISTRICT] Crl. M.P. No. __________ of 20____ A F F I D A V I T I, [NAME], aged ____ years, [S/o. / D/o. / W/o.] [NAME], residing at [FULL ADDRESS], now confined at [NAME] Prison, [PLACE], do hereby solemnly affirm and sincerely state as follows:

Affidavit paragraphs

I am the petitioner in the above petition and the accused in Crime No. [ ] of 20____ on the file of the [NAME] Police Station, [DISTRICT], registered for offences under Sections [ ] of the Bharatiya Nyaya Sanhita, 2023. I am acquainted with the facts of the case and am competent to swear to this affidavit.
[State the prosecution case in two or three sentences, neutrally and without argument, as it appears from the First Information Report.]
I was arrested on [DATE] at [TIME AND PLACE] and was produced before the learned [DESIGNATION] Magistrate, [PLACE], on [DATE], and have been in judicial custody since then, a period of [ ] days as on the date of this affidavit.
[Set out the grounds on which bail is sought, one ground to a paragraph. Plead only what the record before the court will bear out. See the grounds noted below the format.]
I undertake to appear before the investigating officer and before this Hon'ble Court as and when required, not to tamper with the evidence or influence any witness in any manner, not to leave the jurisdiction of this Hon'ble Court without its permission, and to abide by every condition this Hon'ble Court may impose.
I am prepared to furnish sureties to the satisfaction of this Hon'ble Court.
[Mandatory disclosure. State one of the following, and state it accurately: (a) I have not filed any other application seeking bail in this crime number before this or any other court; or (b) I filed Crl.M.P. No. [ ] of 20____ before [COURT], which was dismissed on [DATE], and the changed circumstances since that dismissal are [SET THEM OUT].]
In the circumstances stated above, I pray that this Hon'ble Court may be pleased to enlarge me on bail.

Verification and attestation

Solemnly affirmed at [PLACE] on this the ____ day of ____________ 20____ and signed his / her name in my presence. ____________________________ Deponent Before me, ____________________________ Advocate, [PLACE]

Grounds ordinarily available

[Select only what the record supports. A ground pleaded without material behind it damages the ones that do have material behind it.] - The petitioner is not named in the First Information Report, or the allegations against the petitioner do not disclose the ingredients of the offences alleged.- The investigation is complete and the final report under Section 193 BNSS has been filed, so custodial interrogation is no longer required.- No recovery is pending from the petitioner, and the material objects have already been seized.- The offences alleged are punishable with imprisonment of less than [ ] years and are triable by a Magistrate.- The petitioner has been in custody since [DATE], a period of [ ] days, and the trial is not likely to commence in the near future.- Parity: the co-accused [NAME], who is similarly placed, was enlarged on bail by this Hon'ble Court by order dated [DATE] in Crl.M.P. No. [ ] of 20____.- The petitioner is a permanent resident of [PLACE], has roots in the community, and there is no material to suggest any likelihood of absconding.- The petitioner has no previous conviction and no other case pending.- The petitioner is the sole earning member of the family, which consists of [ ].- Medical grounds: the petitioner suffers from [CONDITION], as borne out by [DOCUMENT], and requires treatment that cannot adequately be provided in custody.- The petitioner is a woman, or is under [ ] years of age, or is above [ ] years of age, and [state the consequence relied on].

Documents filed along with the petition

1. Copy of the First Information Report in Crime No. [ ] of 20____.2. Copy of the remand report and the remand order.3. Copy of the final report under Section 193 BNSS, where filed.4. Copy of the order in the earlier bail application, where any was filed.5. [Medical records, proof of residence, or any other document relied on.]

When to use it

The accused has been arrested and remanded in a non-bailable offence, and the application is being made to the Court of Session rather than to the Magistrate.
An application before the Magistrate under Section 480 BNSS has been dismissed, or the offence is one the Magistrate cannot grant bail in.
There has been a change in circumstances since an earlier bail application was dismissed: the charge sheet has since been filed, the investigation is complete, a co-accused has been released, the period of custody has lengthened, or there are fresh medical grounds.
Not for anticipatory bail. An apprehension of arrest before any arrest has taken place is an application under Section 482 BNSS, which is a different provision with a different prayer.

Filing notes

Disclose every earlier bail application, accurately

The affidavit must state whether any earlier application was made in the same crime number and what became of it. Courts take a serious view of suppression here, and a bail order obtained on a suppressed affidavit is vulnerable to cancellation. Where an earlier application was dismissed, the changed circumstances have to be identified specifically; repeating the same grounds is not a change in circumstances.

Notice to the Public Prosecutor

Where the offence is triable exclusively by the Court of Session or is punishable with imprisonment for life, notice to the Public Prosecutor before bail is granted is contemplated. Anticipate it and be ready for the matter to be adjourned for the prosecution to respond and for the case diary to be called for.

File the FIR and remand papers with the petition

A Sessions Court cannot assess the application without the First Information Report and the remand report. Filing without them invites an adjournment. Where the final report has been filed, produce it, because completion of the investigation is usually the strongest single ground available.

Get the period of custody right

State the date of arrest, the date of production, and the number of days in custody as on the date of the affidavit. The number will be checked against the remand records, and an inflated figure costs credibility on every other ground in the affidavit.

Do not argue the merits in the affidavit

The affidavit sets out facts the deponent can swear to. Characterising the prosecution case as false or motivated belongs in argument, and a Sessions Court considering bail will not enter into a detailed assessment of the evidence in any event.

Cite the BNSS, and check the section against the bare act

For offences committed on or after 1 July 2024 the procedural provisions are in the BNSS, and the older CrPC section numbers no longer fit. For offences committed before that date the position depends on the transitional provisions. Check the section number you are citing against the bare act before it goes on the file rather than relying on a concordance table.

Common mistakes

Citing Section 439 CrPC out of habit

The most visible error in bail applications drafted since July 2024. The heading, the prayer and the affidavit all have to carry the same, correct provision. Mixing CrPC and BNSS numbering within one petition tells the court the petition was not read before it was filed.

Suppressing a dismissed earlier application

It will surface, because the court has the records. Disclose it and plead the change in circumstances instead.

Pleading every available ground indiscriminately

A list of eleven grounds where two are supported by material reads worse than the two on their own. Parity in particular fails badly when the co-accused was not in fact similarly placed.

Confusing bail with anticipatory bail

If the petitioner has not been arrested, Section 483 is not the provision and the prayer to be enlarged on bail makes no sense. That is an application under Section 482 BNSS to direct release in the event of arrest.

Leaving the crime number or the police station wrong

The prayer identifies the proceeding by crime number and police station. An error in either can produce an order that does not operate on the case the petitioner is actually in custody in.

No undertaking, and no offer of sureties

Bail is granted on terms. An application that does not offer to abide by conditions or to furnish sureties leaves the court to construct the terms without assistance.

Common questions

Which section replaced Section 439 CrPC for bail?

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 carries the special powers of the High Court and the Court of Session as to bail that were formerly in Section 439 of the Code of Criminal Procedure. Bail by a Magistrate in a non-bailable offence, formerly Section 437, is now Section 480, and anticipatory bail, formerly Section 438, is now Section 482. Confirm each number against the bare act before it goes into a petition.

Can I go straight to the Sessions Court, or must I apply to the Magistrate first?

The Court of Session has concurrent power and there is no statutory requirement to exhaust the Magistrate first. In practice the Sessions Court will ask why the Magistrate was not approached, and the answer is usually either that the Magistrate has no power to grant bail in the offence alleged or that an application there was dismissed. Have the answer ready.

What if my earlier bail application was dismissed?

A fresh application is maintainable on a change in circumstances, and the affidavit must disclose the earlier application and identify what has changed. Filing of the final report, completion of the investigation, the release of a similarly placed co-accused, a lengthening period of custody and fresh medical grounds are the changes most commonly relied on. Repeating the earlier grounds is not one.

Does the bail application need to be supported by an affidavit?

Yes, in the practice followed in Tamil Nadu the petition is accompanied by an affidavit of the petitioner setting out the facts, the period of custody, the grounds and the undertakings. Where the petitioner is in custody the affidavit is sworn in the prison and attested accordingly.

How long does the petitioner have to stay in custody before the period itself becomes a ground?

There is no single figure. Section 479 BNSS deals with the release of an undertrial who has been detained for a specified part of the maximum sentence for the offence, with exceptions, and separately a long period of custody with no prospect of an early trial is a recognised consideration. The applicable period depends on the offence, so check the section rather than working from a remembered number.

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This format is provided for reference and is an assistive draft, not legal advice. Court practice varies between benches and districts and the rules change. Verify the provisions cited and the current filing requirements of the court you are filing in before you rely on any part of this page. Read the Legal Disclaimer.