APPLICATION FOR BAIL

1. Regular Bail: Individuals detained in judicial custody for non-bailable offences can
seek bail through the relevant court (other than the High Court or Court of Sessions)
under Section 480 of BNSS. A special notice is required in cases involving serious
offences, like those under Sections 65 or 70(2), where the public prosecutor and the
first informant must be involved in the bail hearing.
2. Anticipatory Bail: Courts of Sessions and High Courts are empowered to grant
anticipatory bail (Section 482 BNSS), though with limitations. For example, it is
prohibited in cases of gang rape involving minors under the age of 18.
3. Default Bail: This form of bail ensures an accused is released if the investigation is
not completed within a prescribed time. For severe offences (like those punishable by
death or life imprisonment), the charge sheet must be filed within 90 days, and within
60 days for other crimes. If the investigation is not concluded within these periods, the
accused is entitled to default bail.
4. Undertrial Bail: Section 479 of the BNSS ensures that individuals detained for non-
serious crimes may be granted bail after serving a certain percentage of the maximum
sentence, particularly benefiting first-time offenders. The bail is automatically
considered after serving one-third of the sentence, provided there are no multiple
pending cases.
5. Bail Cancellation: Courts possess broad discretion under Sections 480(5) and 483 to
cancel bail if conditions are violated, without a detailed specification of grounds for
such cancellation.

IN THE COURT OF MAGISTRATE AT [LOCATION]

Bail Application No. [Number] of [Year]

IN THE MATTER OF:
[Name of the Applicant]
[Address of the Applicant]
VERSUS
State of [State Name]
[Address of the Police Station]

Subject: Application for Grant of Bail in FIR No. [FIR Number] dated [Date] under Section
[Section(s) of Law] of IPC/Other Relevant Law

Respected Sir/Madam,

I, on behalf of my client [Name of the Applicant], son/daughter of [Father’s Name], resident

of [Address], respectfully submit this application for the grant of bail in connection with FIR
No. [FIR Number], dated [Date], under Section [Section(s)] of the Indian Penal Code (or
other relevant provisions of law) in which he has been falsely implicated.

1. Facts of the Case:

Briefly state the facts leading to the applicant’s arrest, including the nature of the offense, the
applicant’s involvement, and any relevant details of the incident.
2. Grounds for Bail:
a) The applicant has been falsely implicated in the case.
b) The applicant is not likely to flee from justice or tamper with evidence.
c) The applicant is a law-abiding citizen with deep roots in the community, including [family,
property, employment, etc.].
d) The applicant has no prior criminal record.
e) The applicant is ready to cooperate with the investigation.
f) The applicant is entitled to bail as per [mention relevant provisions like Section 437 or
Section 439 of the CrPC].

3. Prayer:
In view of the above, it is prayed that the Hon’ble Court may be pleased to grant bail to the
applicant on such terms and conditions as deemed fit and proper.

Date: [Date]
Place: [Place]

[Signature of Applicant/Advocate]

Additional Documents (if applicable):

1. Copy of the FIR

2. Copy of the arrest memo
3. Medical report (if needed)
4. Any other supporting documents

APPLICATION FOR COMPOUNDING OF OFFENCE UNDER 320 CRPC/359 BNSS

Section 359 of the Bharatiya Nyaya Sanhita, 2023 (BNSS) governs the compounding of
certain offences. It provides that individuals who are victims of specific offences may, under
the right circumstances, choose to forgive or settle the matter with the accused, thus
"compounding" the offence. This section lists a range of offences that are eligible for
compounding, which includes crimes like theft, criminal trespass, and certain types of assault.

The key aspect of compounding is that both the victim and the accused must agree, and it
often requires the court’s permission, especially in cases where the accused has been
committed for trial or where an appeal is pending. Additionally, if the victim is unable to act
(due to being a minor or of unsound mind), their legal representative may initiate the
compounding with court approval. Once an offence is compounded, it results in the acquittal
of the accused, effectively closing the matter without further prosecution.

Compounding is not allowed for every offence, and the law also stipulates that the accused
must not have previous convictions that would warrant a heavier penalty for the same
offence.
 IN THE COURT OF MAGISTRATE/ SESSION JUDGE AT _______________
CRIMINAL COMPLAINT NO _________ OF 20__
IN THE MATTER OF

STATE OF __________ … Complainant

VERSUS
Mr. ____________________

_______________________
_______________________ … Accused

Under Section __ of IPC

P.S.______________

Last Date of Hearing: ____________

Next Date of Hearing : ___________

APPLICATION UNDER SECTION 320/359 OF CRIMINAL PROCEDURE CODE/BNSS

MOST RESPECTFULLY SHOWETH:

1. That the above mentioned case is pending trial before this Hon'ble Court and the same is fixed for
_____.

2. That accused is facing trial under section ____, ____ of Indian Penal Code on the basis of
Complaint given by the Complainant.
3. The case was initiated on FIR filed by the Mr. _____________ Resident of __________________.
That on intervention of mediators and well wishers, the accused has been pardoned by the
Complainant and both the Complainant and accused have reached an amicable settlement of the
matter, agreed and prepared to compromise the case.

3. That the compromise would save future and career of the accused and it will promote a good
relationship between them.
4. That this application is being moved jointly by the Complainant and Accused. The Compromise
Deed between the accused and Complainant is annexed as Annexure A.

5. That it is a fit case where this Hon'ble Court may be pleased to grant permission to compromise
and compound the case under Section 320 of Cr. PC.

PRAYERS

In view of the aforesaid facts and circumstance of this case, it is most respectfully prayed that the
Hon'ble court may be pleased:

1. To allow the parties to affect the compromise and acquit the accused in the interest justice;

2. To pass any other or further order (s) as this court may deem fit and proper in favour of applicant,
in the interest of justice.

APPLICANT
 THROUGH
____________ADVOCATE

Place:

Date:

IN THE COURT OF _______________ JUDGE AT _______________

CRIMINAL COMPLAINT NO _________ OF 20__
IN THE MATTER OF

Mr. ____________________ Complainant

VERSUS

Mr. ____________________ Accused

AFFIDAVIT

I ______________________ ____ years, S/d/o. _________________ R/o. ____________

______________ _____, do hereby solemnly affirm and declare as under:-

1. That I am the accused in the present case and as such I am well conversant with the facts and
circumstances of the present matter and am competent to swear this affidavit.

2. That the accompanying Application has been drafted by my counsel under my instructions and the
contents of the same have been read over and explained to me in vernacular and the same are true
and correct. That the contents of the same may be treated as part and parcel of this affidavit as the
same are not being repeated herein for the sake of brevity.

DEPONENT

VERIFICATION
Verified at ___________ on this __ day of ____. 20__ that the contents of the above affidavit are
true and correct to the best of my knowledge and belief and nothing material has been concealed
therefrom.

DEPONENT
COMPLAINT U/S 138 OF NEGOTIABLE INSTRUMENTS ACT AGAINST
RETURN OF CHEQUE.

Section 138 of the Negotiable Instruments Act (NI Act), 1881 addresses the offense of
Dishonouring a cheque due to insufficient funds or if it exceeds the amount in the account.

1. DISHONOUR of a Cheque:
o When a cheque issued by a person is Dishonoured due to insufficient funds in
the bank account, or if the amount in the account is less than the cheque’s
value, the person who issued the cheque can be prosecuted under Section 138.
2. Notice and Time Frame:
o Notice Requirement: After the DISHONOUR of the cheque, the payee (the
person receiving the cheque) must send a demand notice to the drawer (the
person who issued the cheque) within 30 days from the date of receiving the
information about the DISHONOUR from the bank.
o Time for Payment: The drawer has 15 days from the receipt of the notice to
make the payment.
3. Filing a Complaint:
o If the drawer does not make the payment within 15 days after receiving the
demand notice, the payee can file a complaint in the Magistrate Court
within one month from the expiration of the 15 days.
4. Penalties and Punishment:
o The punishment for an offense under Section 138 can be imprisonment up to
two years or a fine which may extend to twice the amount of the cheque.
The court has the discretion to impose either or both of these penalties.

IN THE COURT OF MAGISTRATE

COMPLAINT NO ___________ OF____

IN THE MATTER OF:

Mr.____________________

…..COMPLAINANT

VERSUS

Mr. _______________

…..ACCUSED

POLICE STATION:____________

COMPLAINT UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881 (AS AMENDED
UPTO DATE) FOR THE SUM OF RS. ______________ (RUPEES ________________ ONLY)

MOST RESPECTFULLY SHOWETH:

1. That the Complainant is working as _________________________ and is residing at

______________________________________
2. That the present complaint is being field by the complainant Mr.___________________ to
cause appearance in this Hon’ble Court and to depose and conduct the proceedings.

3. That on _______________ the accused namely Mr. ______________ had approached the
complainant personally and asked for a friendly loan of Rs. ________________.

4. That on __________ complainant paid Rs. ___________ (Rupees _____________ as friendly

loan repayable on demand.

5. That towards payment of amount of loan the accused issued Cheque No. ______________
Dated ____________for Rs. ___________to the complainant. That in order to discharge
their above said liability and in accordance with the agreed terms and conditions, the
accused had issued Cheque No. _____________ Dated ___________for Rs. ___________/-
drawn on ___________________. The said cheque was issued from Account No.
____________________which is held in the name of the accused. That the present
complaint is based on the DISHONOUR of the above said cheque which was issued in
discharge of a lawful debt.

6. That at the time of handing over the above said cheque the accused had assured the
complainant that the said cheque will be honored/encashed on presentation. Taking the
above assurance/representation as true, the complainant had accepted the above said
cheque.
That on the basis of the assurances given by the accused, the complainant presented the
above said cheque with its bankers namely ___________________________________ and
was dishonoured vide cheque return advice dated _____ issued by the complainants bank.
The aforesaid cheque was returned unpaid vide returning memo dated ____________with
the remarks “FUNDS INSUFFICIENT”.

7. That the DISHONOUR of the cheque clearly shows and establishes that the accused did not
intend to honor the amount under the said cheque.

8. That on account of the DISHONOUR of the said cheque, the complainant had served a legal
notice dated ____________upon the Accused by way of Registered Post vide Receipt No.
_________________ dated ___________However, despite service of notice, the accused has
not taken any steps to liquidate his liability and has failed to make balance payments to the
complainant towards the amount covered under the said cheque, within the statutory
period of 15 days or thereafter. Thus, the Accused has, therefore committed an offence
within the meaning of Section 138 and other sections of the amended provisions of the
Negotiable Instruments Act, 1881, for which he is liable to be prosecuted and punished.

That the accused have failed to make payment against the said cheque which has been done
by them malafidely, intentionally and deliberately and knowingly. That at the time of issuing
the said cheques the accused were fully aware that the said cheques will not be honored on
presentation. Therefore, the accused has dishonestly induced the complainant to advance a
sum of _________________ /- (Rupees __________________ Only) fully knowing that he
cannot repay the said amount to the complainant.

9. That the accused is guilty of offence under Section 138, Negotiable Instruments Act and is
also liable to be prosecuted under Section 420 of the Indian Penal Code.
 10. That in view of the facts and circumstances, the complainant has a cause of action and right
to file the present complaint. The cause of actions has arisen in favour of the complainant
when, on the expiry of the notice period, the Accused has not come forward to pay the
amount relating to the dishonoured cheques. The cause of action is still subsisting and
continuing in nature.

11. That the cause of action has arisen at __________ as the cheques was issued at _________,
and the same was payable at __________ and was also dishonoured at _________.
Therefore this Hon’ble Court has jurisdiction to try and adjudicate upon the present
complaint.

12. That the complaint is well within limitation period prescribed under the Act:
i. Date of DISHONOUR ______
ii. Date of Notice ______
iii. Date of filing Complaint _______

13. That a list of documents and list of witnesses are annexed with this complaint.

PRAYER
It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to:
a. Summon, prosecute and punish the Accused and also direct the accused to pay the amount
as double to the amount covered under the said dishonoured cheques, under the provisions
of Section 138 read with Section 142 of the Negotiable Instruments Act,1881 as amended by
the Negotiable Instrument laws (Amended and Miscellaneous Provisions) Act, 2002. In
accordance with Section 357 of Code of Criminal Procedure 1974, out of the penalty
imposed, the Accused be ordered to compensate the Complainant to the extent of
Rs._______ /- (Rupees ______________ Only) and
b. Such other and further orders may be passed as may be deemed fit and proper by this
Hon’ble Court.

It is prayed accordingly.

PLACE:

DATED:

COMPLAINANT
THROUGH :

ADVOCATES
PETITION FOR MAINTENANCE UNDER SECTION 125 OF CRPC FOR CLAIMING
MAINTENANCE TO WIFE, CHILDREN AND PARENTS.

Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) addresses the issue of
maintenance for wives, children, and parents who are unable to support themselves. The
provisions under this section ensure that a person who has sufficient means but neglects or
refuses to maintain their dependents can be compelled by the court to pay a monthly
allowance.

Key points of Section 144 include:

1. Eligibility for Maintenance:

o A wife who cannot maintain herself.
o Children (both legitimate and illegitimate), including adult children with
physical or mental disabilities.
o Parents (both father and mother) who are unable to support themselves.
2. Magistrate's Role: A Magistrate of the First Class can issue an order for maintenance
once neglect or refusal to support is proven. The amount of maintenance is
determined based on the financial capacity of the person liable.
3. Interim Maintenance: The court can also order interim maintenance while the final
decision is pending.
4. Conditions for Refusal: A wife will not be entitled to maintenance if she is living in
adultery, refuses to live with her husband without valid reasons, or if both parties are
living separately by mutual consent.
5. Non-compliance: If the person ordered to pay maintenance fails to comply, the court
may issue a warrant for levying the amount or even order imprisonment for up to one
month

IN THE COURT OF JUDICIAL/METROPOLITIAN MAGISTRATE FIRST CLASS

AT
CASE NO. OF 20
IN THE MATTER OF
__________ … PETITIONER
VERSUS
Mr. ____________________
_______________________
_______________________ … RESPONDENT

PETITION FOR MAINTENANCE UNDER SECTION 125/144 OF CRIMINAL

PROCEDURE CODE/ BHARTIYA NAGRIK SUKRAKSHA SANHITA
MOST RESPECTFULLY SHOWETH:

The Petitioner, above named submits as under:

1. That the Petitioner No. 1 is legally wedded wife of the Respondent.

 2. That marriage of the Petitioner was solemnized with Respondent on at
according to Hindu rites and ceremonies. The marriage was registered with the Registrar of
marriages at . After marriage Petitioner No. 1 started residing at the matrimonial home.
Certified copy of the extract from the concerned register is attached herewith as Annexure A.

3. That for about four years, relation between Petitioner No. 1 and her husband Respondent were
ordeal, but thereafter the Respondent started treating her with cruelty.

4. That on the respondent turned out the petitioner from the matrimonial
home and since then she has been compelled to live at her parental house.

5. That the respondent has never sent any money to the petitioner to meet her expenses and
expenses of the minor child.

6. That the Respondent is a Government Employee and earning Rs. 55,000/- per month Net
Salary.

7. That the Respondent has no other liability, while the Petitioner is dependent upon him for her
day to day expenses.

8. That the Petitioner is accordingly entitled to claim maintenance to meet her day to day expenses

9. That this Court has the jurisdiction to entertain and try this petition as marriage between
petitioner and the respondent was solemnized here and the petitioners are living within the
Jurisdiction of this Court.
10. In the facts and circumstances of case mentioned herein above this Hon'ble Court may
graciously be pleased to:

PRAYER

That the Petitioner, therefore, prays

i) The Respondent be directed to pay monthly allowance of Rs. 17500/- by way of

Maintenance; and

ii) Any other relief or reliefs which the court may deem proper under the circumstances be
also awarded to the petitioner.

TIME:
DATE:
 IN THE COURT OF JUDICIAL/METROPOLITIAN MAGISTRATE FIRST CLASS
AT

CASE NO. OF 20

IN THE MATTER OF

__________ … PETITIONER

VERSUS

Mr. ____________________

_______________________

_______________________ … RESPONDENT

AFFIDAVIT

I ______________________ ____ years, S/d/o. _________________ R/o. ____________

______________ _____, do hereby solemnly affirm and declare as under:-

1. That I am the accused in the present case and as such I am well conversant with the facts and
circumstances of the present matter and am competent to swear this affidavit.

2. That the accompanying Application has been drafted by my counsel under my instructions and the
contents of the same have been read over and explained to me in vernacular and the same are true and
correct. That the contents of the same may be treated as part and parcel of this affidavit as the same
are not being repeated herein for the sake of brevity.

DEPONENT

VERIFICATION
Verified at ___________ on this __ day of ____. 20__ that the contents of the above affidavit are true
and correct to the best of my knowledge and belief and nothing material has been concealed
therefrom.

DEPONENT
APPLICATION UNDER SECTION 482 OF CRPC

Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) preserves the inherent powers
of the High Court, similar to the corresponding provisions in the Indian Penal Code (IPC) and the
Criminal Procedure Code (CrPC). This section ensures that nothing in the BNSS limits or affects the
High Court's authority to make orders necessary to give effect to any decisions under the Sanhita, to
prevent abuse of the court process, or to secure justice.

The inherent powers granted by this section allow the High Court to take proactive steps in situations
where legal procedures may be misused or to ensure that justice is served, even if it requires actions
that go beyond the strict letter of the law. These powers help maintain fairness and prevent the abuse
of judicial processes, offering flexibility when circumstances demand.

The role of Section 528 in ensuring justice is significant, especially when courts face complex cases
where rigid legal frameworks may not fully address the situation.

IN THE HON’BLE HIGH COURT OF [STATE NAME] AT [CITY NAME]

Criminal Miscellaneous Application No. [Number] of [Year]
In the matter of:
[Name of the Applicant]
[Address of the Applicant]
Versus
State of [State Name]
[Address of the Police Station]

Subject: Application under Section 482 of the Criminal Procedure Code, 1973 for quashing
of FIR No. [FIR Number] dated [Date] registered at [Police Station Name] for the offense
under Section [Section(s)] of IPC/Other Relevant Law.

Respected Sir/Madam,

I, [Name of the Applicant], son/daughter of [Father’s Name], resident of [Address],

respectfully submit this application under Section 482 of the Criminal Procedure Code, 1973,
seeking the quashing of the FIR No. [FIR Number] dated [Date], registered at [Police Station
Name], on the grounds set out below:

1. Brief Facts of the Case:

State the facts leading to the filing of the FIR, the nature of the alleged offense, and the
reasons why the applicant seeks the quashing of the FIR. If applicable, mention any
developments like settlement or compromise.

2. Grounds for Quashing of FIR:

a) The FIR has been registered on false, frivolous, or baseless allegations.
b) The offense alleged in the FIR does not disclose any cognizable offense, or the elements of
the offense are not made out.
c) The applicant is a victim of malicious prosecution, and no case is made against them.
d) The applicant has already settled the dispute with the complainant or has been absolved of
any involvement in the matter (if applicable).
e) The FIR is an abuse of process of law, and continuation of the proceedings would result in
unnecessary harassment and injustice.
f) There is no prima facie case against the applicant, and proceeding with the case would
cause undue harm to the applicant.

3. Legal Precedents Supporting the Application:

Mention any landmark judgments or case law that supports the quashing of FIRs under
Section 482 CrPC. For example, the case of State of Haryana v. Bhajan Lal (1992) SC, which
outlines the grounds for quashing criminal proceedings.

4. Prayer:
In view of the facts and circumstances stated above, it is most respectfully prayed that this
Hon’ble Court may kindly be pleased to:
a) Quash the FIR No. [FIR Number] dated [Date] registered at [Police Station Name] against
the applicant;
b) Pass such other and further orders as this Hon’ble Court may deem fit and proper in the
interest of justice.

Date: [Date]
Place: [Place]

[Signature of the Applicant/Advocate]

Documents to be attached (if applicable):

1. Copy of the FIR

2. Copy of the order of the lower court (if any)
3. Any affidavits, statements, or documents supporting the claim (such as compromise
agreements, medical reports, etc.)
4. Copy of the impugned order (if challenging an order passed by a lower court)