Anticipatory Bail Application Format under Section 482 BNSS (2026): Complete Draft, Annexures & Filing Checklist

If you are searching for the anticipatory bail application format under Section 482 BNSS, this page gives you the complete draft — memo of parties, body, grounds, prayer, affidavit and annexure index — along with the drafting notes that decide whether the application is admitted or returned by the registry.

It also resolves the single most common point of confusion since the Bharatiya Nagarik Suraksha Sanhita came into force: Section 482 CrPC and Section 482 BNSS are two completely different provisions. Filing under the wrong one is the fastest way to have your application dismissed at the threshold.

For the underlying law — grounds, judicial principles and the full procedural walkthrough — see our companion guide on how to file anticipatory bail under Section 482 BNSS. This page is the drafting resource.

The Section 482 Numbering Trap

Under the old Code of Criminal Procedure, 1973, every criminal lawyer in India knew Section 482 CrPC as the inherent powers of the High Court — the provision used to quash FIRs and criminal proceedings.

Under the BNSS, that provision has moved. The number 482 has been reassigned:

So when a client or a junior says "file a 482", you must now ask which one they mean. Section 482 BNSS is anticipatory bail. Section 528 BNSS is quashing. An application captioned "under Section 482 BNSS" seeking quashing of an FIR is defective on its face.

Complete bail-related CrPC to BNSS mapping

Keep this table handy while re-drafting your office precedents:

Statutory Basis: Section 482 BNSS at a Glance

Section 482 BNSS empowers the High Court or the Court of Session to direct that, in the event of arrest on an accusation of having committed a non-bailable offence, the applicant shall be released on bail.

Points that must be reflected in your draft:

- Only non-bailable offences. For bailable offences, bail is a matter of right under Section 478 BNSS; an anticipatory bail application is not maintainable.

- A reasonable apprehension of arrest must exist. The application must plead the specific facts that create that apprehension — the registration of an FIR, a notice under Section 35(3) BNSS, or a credible threat of implication.

- Concurrent forums. Both the Court of Session and the High Court have jurisdiction. As a matter of practice, the Sessions Court is approached first; the High Court is moved thereafter if relief is declined.

- Statutory exclusion. Section 482(4) BNSS bars anticipatory bail in cases involving accusations under Section 65 and Section 70(2) of the Bharatiya Nyaya Sanhita, 2023. Verify the sections in the FIR before drafting.

- Factors the court weighs. The nature and gravity of the accusation, the antecedents of the applicant, the possibility of the applicant fleeing from justice, and whether the accusation has been made with the object of injuring or humiliating the applicant.

Choosing the Correct Forum

A transit anticipatory bail application may be moved before the Sessions Court or High Court where the applicant resides, seeking limited protection to enable approach to the court having jurisdiction.

Complete Anticipatory Bail Application Format

The following is a working draft. Replace the bracketed placeholders and delete the guidance in italics before filing.

Memo of Parties and Cause Title

IN THE COURT OF THE HON'BLE SESSIONS JUDGE,
[DISTRICT], [STATE]

Bail Application No. __________ of 2026

IN THE MATTER OF:

[Full Name of Applicant]
S/o [Father's Name], aged about [__] years,
R/o [Complete Residential Address with PIN]
Occupation: [__]
Mobile: [__]   Aadhaar (last 4 digits): [__]
                                    ... APPLICANT / ACCUSED

VERSUS

State of [State]
Through the Station House Officer,
Police Station [__], District [__]
                                    ... RESPONDENT

FIR No.            : [__] of 2026
Dated              : [__]
Police Station     : [__]
Under Sections     : [__] of the Bharatiya Nyaya Sanhita, 2023
[and Section __ of __ Act, if applicable]

APPLICATION UNDER SECTION 482 OF THE BHARATIYA NAGARIK
SURAKSHA SANHITA, 2023 FOR GRANT OF ANTICIPATORY BAIL TO
THE APPLICANT IN THE EVENT OF HIS/HER ARREST

Body of the Application

MOST RESPECTFULLY SHOWETH:

1. That the present application is being filed by the applicant
   under Section 482 of the Bharatiya Nagarik Suraksha Sanhita,
   2023, seeking a direction that in the event of arrest in
   connection with FIR No. [__] of 2026 registered at Police
   Station [__], the applicant be released on bail.

2. That the applicant is a permanent resident of the above-
   mentioned address, is [occupation] by profession, and has been
   residing at the said address for the last [__] years. The
   applicant has deep roots in society and there is no likelihood
   whatsoever of the applicant absconding or fleeing from justice.

3. That the applicant has no criminal antecedents and has never
   been convicted of, or involved in, any criminal case prior to
   the present FIR.
   [If antecedents exist, they must be disclosed. Suppression is
   a ground for cancellation.]

4. That briefly stated, the prosecution case as set out in the
   FIR is that [state the allegations in the FIR fairly and
   accurately in three to five sentences, without argument].

5. That the applicant has been falsely implicated in the present
   case for the reasons set out hereinafter. The allegations
   levelled against the applicant are false, frivolous, and
   motivated.

6. That the applicant apprehends arrest at the hands of the
   Investigating Officer, [state the specific basis of the
   apprehension — service of notice under Section 35(3) BNSS
   dated __, visit of the police party to the residence on __,
   arrest of co-accused on __].

7. That the applicant undertakes to join and cooperate with the
   investigation as and when required, to make himself/herself
   available before the Investigating Officer on every date
   fixed, and to abide by every condition that this Hon'ble
   Court may deem fit to impose.

8. That the applicant shall not, directly or indirectly, make any
   inducement, threat or promise to any person acquainted with
   the facts of the case, nor tamper with the evidence in any
   manner.

9. That the applicant shall not leave the territorial limits of
   [India / the State of __] without the prior permission of
   this Hon'ble Court.

10. That no other application seeking the same relief has been
    filed by the applicant before this Hon'ble Court or before
    any other court. [If the Sessions Court has already declined,
    that order must be disclosed and annexed.]

11. That the applicant has not been arrested so far and the
    present application is maintainable.

Grounds

GROUNDS

A. Because the allegations in the FIR, taken at their face value
   and accepted in their entirety, do not disclose the
   commission of the offence(s) alleged against the applicant.

B. Because the dispute between the parties is essentially of a
   civil nature and has been given a criminal colour with the
   object of pressurising the applicant.

C. Because there is an unexplained delay of [__] days in the
   lodging of the FIR, which raises a serious doubt as to the
   truthfulness of the allegations.

D. Because the applicant has been named in the FIR on account of
   [pre-existing litigation / property dispute / matrimonial
   discord / business rivalry] and the prosecution has been set
   in motion with the object of injuring and humiliating the
   applicant.

E. Because no recovery is to be effected from the applicant and
   the investigation is substantially documentary in nature, so
   that custodial interrogation of the applicant is not
   warranted.

F. Because co-accused [Name], who is similarly placed and against
   whom identical allegations have been levelled, has already
   been granted anticipatory bail by this Hon'ble Court vide
   order dated [__] in Bail Application No. [__] of 2026. The
   applicant is entitled to parity.

G. Because the offences alleged are punishable with imprisonment
   of less than seven years, and the mandate of Section 35(3)
   BNSS, as explained in Arnesh Kumar v. State of Bihar, has not
   been complied with.

H. Because the applicant is a [woman / senior citizen aged __
   years / person suffering from __], and is entitled to a
   sympathetic consideration.

I. Because the applicant is ready and willing to abide by every
   condition imposed by this Hon'ble Court.

Prayer

PRAYER

It is therefore most respectfully prayed that this Hon'ble Court
may graciously be pleased to:

(a) Direct that in the event of arrest of the applicant in
    connection with FIR No. [__] of 2026, registered at Police
    Station [__], District [__], under Sections [__] of the
    Bharatiya Nyaya Sanhita, 2023, the applicant be released on
    bail on such terms and conditions as this Hon'ble Court may
    deem fit and proper;

(b) Pass such other and further order(s) as this Hon'ble Court
    may deem fit and proper in the facts and circumstances of the
    case and in the interest of justice.

AND FOR THIS ACT OF KINDNESS, THE APPLICANT SHALL, AS IN DUTY
BOUND, EVER PRAY.

Place: [__]
Date : [__]
                                    [Applicant]
                                    Through

                                    [Advocate Name]
                                    Enrolment No. [__]
                                    Counsel for the Applicant
                                    Mobile: [__]

Affidavit

AFFIDAVIT

I, [Name], S/o [__], aged about [__] years, R/o [__], do hereby
solemnly affirm and declare as under:

1. That I am the applicant in the accompanying application and
   am fully conversant with the facts and circumstances of the
   case, and as such am competent to swear this affidavit.

2. That the contents of paragraphs 1 to [__] of the accompanying
   application are true and correct to my knowledge, and the
   contents of the grounds are believed to be true on the advice
   of my counsel.

3. That no part of this affidavit is false and nothing material
   has been concealed therefrom.

                                                    DEPONENT

VERIFICATION:
Verified at [__] on this [__] day of [__], 2026, that the
contents of the above affidavit are true and correct to my
knowledge, no part of it is false and nothing material has been
concealed therefrom.

                                                    DEPONENT

Annexure Index and Filing Checklist

Registry objections are the most common reason an anticipatory bail application is returned. Work through this list before filing:

Format requirements vary by court. Verify paper size, margins, font and pagination against your court's rules before printing — the specifications for all 25 High Courts are set out in our court rules directory.

Conditions Commonly Imposed

Anticipatory bail is almost never granted unconditionally. Anticipate these and address them in paragraphs 7 to 9 of the draft:

- Furnishing a personal bond of a specified amount with one or two sureties of the like amount - Joining the investigation as and when called by the Investigating Officer - Not leaving the country, or the State, without prior permission of the court - Not tampering with evidence or influencing witnesses - Surrendering the passport before the Investigating Officer - Marking attendance at the police station on specified dates - Providing a permanent address and notifying any change

Why Applications Get Rejected

Judgments to Cite

These authorities remain good law and continue to apply to Section 482 BNSS, the anticipatory bail provision having been carried forward substantially from Section 438 CrPC:

- Gurbaksh Singh Sibbia v. State of Punjab, (1980) 2 SCC 565 — Constitution Bench. The power to grant anticipatory bail is not to be read narrowly, and is not confined to exceptional cases.

- Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694 — sets out the factors governing the exercise of discretion.

- Sushila Aggarwal v. State (NCT of Delhi), (2020) 5 SCC 1 — Constitution Bench. Anticipatory bail need not be limited to a fixed period, and can continue until the end of trial.

- Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 — arrest is not automatic in offences punishable up to seven years; the notice procedure now under Section 35(3) BNSS must be followed.

- Satender Kumar Antil v. CBI, (2022) 10 SCC 51 — comprehensive guidelines on bail and the categorisation of offences.

Draft It in Minutes with JuniorLawyer AI

Reproducing this format for every matter is avoidable work. The JuniorLawyer AI anticipatory bail workflow takes the FIR as input, extracts the parties, sections, police station and dates, and produces a complete, court-ready application under Section 482 BNSS — memo of parties, body, grounds tailored to the facts, prayer and affidavit — which you can edit in the browser and export to PDF or Word.

- Upload the FIR in any Indian language; the OCR and translation engine handles vernacular and scanned copies - Grounds are drafted against the facts of your matter, not inserted from a fixed template - Citations are verified against Supreme Court and High Court judgments - Export to Word for final settling, or file directly from the exported PDF

Start drafting your anticipatory bail application or read the companion guide on how to file anticipatory bail under Section 482 BNSS.

*This format is provided as a drafting aid for advocates and does not constitute legal advice. Verify the current statutory position, the applicable High Court rules and the facts of your matter before filing.*