How to Draft an Anticipatory Bail Application

Drafting an anticipatory bail application is a high-stakes exercise in proactive defense. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the procedure for seeking protection from an apprehended arrest is governed by Section 482. Unlike regular bail, which is sought after arrest, anticipatory bail requires the applicant to demonstrate a reasonable “apprehension” of being arrested for a non-bailable offence.+2

For any legal practitioner, mastering this draft is a hallmark of professional legal discipline. It requires a blend of factual storytelling and a deep understanding of the BNSS, 2023 to convince the court that the applicant’s liberty should be protected even before the police act.

1. Statutory Framework: Section 482 of BNSS, 2023

The first step in litigation internship preparation is moving away from the old Section 438 of the CrPC. The new provision, Section 482 of the BNSS, 2023, empowers the High Court and the Court of Sessions to grant a direction that in the event of arrest, the person shall be released on bail.

Key Legal Requirement: The applicant must show “reasonable grounds” to believe they may be arrested. A mere vague fear is insufficient; there must be a tangible threat, such as an FIR being lodged or specific threats from an investigating agency.

2. The Landmark February 2026 Disclosure Mandate

As established in the Supreme Court’s ruling in Zeba Khan v. State of UP (February 11, 2026), “full and candid disclosure” is now a mandatory prerequisite for discretionary relief. To maintain professional legal discipline, your application must explicitly address the following in a dedicated section:

• Complete Criminal Antecedents: A list of all prior FIRs. Suppression of even a single case is now treated as “fraud on the court,” leading to the immediate dismissal of the plea.
• Previous Anticipatory Bail History: You must disclose if any previous application for anticipatory bail has been filed in any court for the same matter and the specific outcome.
• Stage of Investigation: Clearly state if an FIR has been registered or if the application is based on a “pre-FIR” apprehension.
• Interim Protection: Disclosure of whether any interim protection was granted or refused by a lower court.

Also Read: How to Draft a Bail Application

3. Detailed Structure of the Application

A legally sound anticipatory bail application provides practical law exposure by addressing the specific concerns of the “Triple Test” (Flight risk, tampering, and influence).

I. The Cause Title

Address the court (e.g., “In the Court of the Ld. Sessions Judge, Gurgaon, Haryana”). Include the details of the applicant, the Respondent (State), the FIR number (if any), and the relevant sections of the Bharatiya Nyaya Sanhita (BNS), 2023.

II. The Factual Matrix & Apprehension of Arrest

State the facts briefly. Critically, explain the source of apprehension. For example: “The applicant apprehends arrest as the local police visited their residence on [Date] in connection with FIR No. [X] registered under Sections [Y] of the BNS.”

III. Substantive Grounds for Relief

Present your arguments in numbered paragraphs for clarity:

1. Mala Fide Intent: Argue that the case is politically motivated, stems from personal enmity, or is an attempt to humiliate the applicant.
2. Prima Facie Innocence: Highlight that the allegations do not satisfy the ingredients of the offence under the BNS, 2023.
3. Nature of the Offence: If the offence is not heinous or is primarily based on documentary evidence, argue that custodial interrogation is unnecessary.
4. Roots in Society: Demonstrate that the applicant is a respectable citizen with deep family and professional ties, proving they are not a “flight risk.”
5. Willingness to Cooperate: State clearly that the applicant is ready to join the investigation and abide by any restrictive conditions imposed by the court.

IV. The Prayer Clause

Be specific in the relief sought: “It is, therefore, prayed that in the event of arrest in FIR No. [X], the applicant be released on bail on such terms and conditions as this Hon’ble Court may deem fit.”

4. Professional Filing Checklist

For a successful law student PPO strategy, ensure the following are enclosed in the filing set:

• Certified Copy of the FIR: Or a copy of the complaint if the FIR is not available.
• Affidavit of the Applicant: Anticipatory bail is personal; the applicant must ideally sign the affidavit themselves unless there are exceptional circumstances.
• Vakalatnama: Properly signed and stamped.
• Anticipatory Bail Disclosure Statement: As per the February 2026 Supreme Court framework.

5. Conclusion: Strategy in Pre-Arrest Defense

The transition to the BNSS, 2023 and the February 2026 Supreme Court guidelines emphasize transparency. Drafting an anticipatory bail application is a strategic exercise; it is about showing the court that the applicant is a law-abiding citizen who is ready to face the law, but deserves protection against the arbitrary loss of liberty. Mastering this balance is the ultimate test of a lawyer’s drafting prowess.