Magistrate Bail Application Format under Section 480 BNSS, 2023 / Section 437 CrPC

Updated specimen for a regular bail application before a Magistrate in a non-bailable offence, with current statutory references, practical drafting guidance and a checklist of supporting documents.

Current legal position: The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) came into force on 1 July 2024. For proceedings governed by the BNSS, bail before a Magistrate in a non-bailable offence is principally governed by Section 480 BNSS. Section 437 CrPC remains relevant where a proceeding continues under Section 531 BNSS.
Official references: India Code - BNSS, 2023 Official BNSS Act PDF

Regular bail before a Magistrate under Section 480 BNSS

Section 480 BNSS deals with bail where a person accused or suspected of a non-bailable offence is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before a Court other than the High Court or Court of Session. Bail is subject to the statutory restrictions, provisos and conditions contained in the section.

This page concerns regular bail in a non-bailable offence. Bail in bailable offences is separately governed by Section 478 BNSS. Anticipatory bail, which is sought before arrest, is governed by Section 482 BNSS.

Important: The facts, offence provisions, custody status, criminal antecedents and applicable special statutes must be stated accurately. Do not use a standard allegation such as "false implication" unless it is genuinely part of the applicant's case and can responsibly be pleaded.

Sample Magistrate regular bail application format

In the Court of the Judicial Magistrate / Metropolitan Magistrate at [Place]

Bail Application No. ____ of 20__

In the matter of:

[Name of Applicant/Accused]
S/o / D/o / W/o [Name]
R/o [Full Address]
...Applicant/Accused

Versus

State of [State]
...Respondent

FIR / Crime No.: [Number and year]
Police Station: [Name]
Offences alleged: [Relevant sections of BNS / IPC / special law]
In custody since: [Date]

Application for Grant of Regular Bail under Section 480 of the Bharatiya Nagarik Suraksha Sanhita, 2023 / Section 437 of the Code of Criminal Procedure, 1973, as applicable

Most respectfully submitted:

  1. That the Applicant is an accused in FIR/Crime No. [____] dated [____], registered at Police Station [____] for the offences stated above.
  2. That the Applicant was arrested on [date] and has remained in custody since [date].
  3. That the prosecution case, briefly stated, is that [state the allegation accurately and concisely].
  4. That the Applicant submits that [state the defence relevant to bail without making unnecessary admissions].
  5. That the investigation is at the stage of [state stage] and [state whether any recovery, identification, interrogation or other investigative step remains, if relevant].
  6. That further detention is not necessary in the facts of the present case for any legitimate investigative purpose, subject to the material on record.
  7. That the Applicant is a permanent resident of the address stated above, has roots in society and undertakes to appear before the Court and investigating agency whenever lawfully required.
  8. That the Applicant undertakes not to directly or indirectly induce, threaten or promise any person acquainted with the facts of the case and not to tamper with evidence.
  9. That the Applicant's criminal antecedents are as follows: [accurately disclose previous cases or convictions, if any; if none, state so].
  10. That the Applicant undertakes to comply with every lawful condition imposed by this Hon'ble Court and to execute the bond or bail bond as directed.
  11. That the Applicant is entitled to consideration for bail having regard to [nature of accusation / period of custody / stage of investigation / health / parity / other relevant facts].
  12. That no other application seeking the same relief is pending before this Court except as specifically disclosed here: [details, if any].

Prayer

In these circumstances, it is respectfully prayed that this Hon'ble Court may be pleased to release the Applicant on regular bail in FIR/Crime No. [____] registered at Police Station [____], on such terms and conditions as this Hon'ble Court may deem fit and proper in the interests of justice.

Any other or further order considered just and proper in the facts and circumstances of the case may also be passed.

Place: [____]
Date: [____]

Applicant/Accused

Through Counsel
[Name and enrolment details, where required]

Key points under Section 480 BNSS

Section 480 applies to non-bailable offences before a Court other than the High Court or Court of Session. The statutory text contains restrictions in more serious cases, while also providing special consideration in specified circumstances, including for a child, woman, or person who is sick or infirm. The exact provision should be checked against the alleged offence and facts before filing.

Where an offence falls within Section 480(3), the Court may impose conditions directed to attendance, preventing commission of a similar offence, preventing inducement, threat or promise to persons acquainted with the case, and otherwise serving the interests of justice.

Documents commonly attached with a Magistrate bail application

  • Readable copy of the FIR or complaint and translation where required.
  • Arrest memo, remand order or custody details, where available and relevant.
  • Relevant case papers or orders relied upon by the Applicant.
  • Medical, residence, employment or other supporting documents only when relevant to the grounds urged.
  • Orders concerning similarly placed co-accused where parity is claimed.
  • Vakalatnama, memo of appearance, affidavit or supporting declaration where required by local court practice.

Section 480 BNSS and Section 437 CrPC: which provision applies?

Situation Usual statutory reference
Non-bailable offence before a Magistrate in a proceeding governed by BNSS Section 480, Bharatiya Nagarik Suraksha Sanhita, 2023
Bailable offence in a proceeding governed by BNSS Section 478, Bharatiya Nagarik Suraksha Sanhita, 2023
Older proceeding continuing under the CrPC by virtue of the statutory savings provision Section 437, Code of Criminal Procedure, 1973, subject to Section 531 BNSS and the procedural history
Person apprehending arrest rather than already in custody Anticipatory bail under Section 482 BNSS, where BNSS applies

Undertrial detention under Section 479 BNSS

Where applicable, Section 479 BNSS should also be examined. Subject to its exclusions and conditions, it provides for release where an undertrial has undergone specified portions of the maximum imprisonment for the alleged offence, including a one-third threshold for qualifying first-time offenders.

Special statutes may impose additional bail restrictions

If the prosecution arises under a special enactment such as the NDPS Act, UAPA, PMLA or another law containing specific bail restrictions, the requirements of that special enactment must be addressed in addition to the general BNSS or CrPC provisions.

Practical filing guidance

The FIR number, police station, offence sections, applicant's full name and parentage, arrest date, custody status and criminal antecedents should be accurately stated. Local court requirements concerning court fees, affidavits, filing by a pairokar or authorised person, certified copies, electronic filing and execution of bail bonds should be verified rather than assumed from a generic format.

Disclaimer: This page provides a general legal-format specimen for information and drafting assistance. It must be adapted to the facts, the applicable statute, judicial orders and current local court rules and practice.