Bail applications at Allahabad

Cite the right section

For offences registered after 1 July 2024 the Bharatiya Nagarik Suraksha Sanhita, 2023 applies. The bail provisions moved, and the number most likely to be confused is the High Court’s inherent power, which went from Section 482 of the Code to Section 528 of the Sanhita, while Section 482 of the Sanhita is now anticipatory bail.

The nine parts

1. Cause title, with the case crime number, police station, district and sections of the offence.
2. Index of the application and annexures.
3. Synopsis of the case in a short paragraph, with the stage it has reached.
4. Facts: the allegation in the FIR, the arrest, and what has happened since.
5. Grounds: parity with co-accused who have been released, delay in trial, the role attributed to the applicant, and custody period.
6. Criminal history: state it plainly. If there is none, say so; if there is, give the case details.
7. Prayer: release on bail on terms the Court thinks fit.
8. Affidavit in support, sworn by the applicant or someone who knows the facts.
9. Annexures: the FIR, the order refusing bail below, the charge sheet if filed, and the orders of co-accused being relied upon.

Writing grounds that get read

• Lead with the strongest point. A bench reads the first ground closely and the rest quickly.
• Name the co-accused you rely on for parity, with the order and its date, and show how the roles compare.
• Give the number of days in custody and the stage of the trial. Do not leave the bench to count.

Check before you file

• Section cited under the Sanhita or the old Code, matching the date of the FIR
• Bail refused below, with the order annexed
• Criminal history stated, or the absence of one
• Parity orders annexed where relied on
• Affidavit and application agree on the facts