Table of Contents
Frequently asked questions
What is Section 437 of Cr.P.C.?
Section 437 of the Code of Criminal Procedure (Cr.P.C.) deals with the grant of bail by Magistrates in cases where a person is arrested in a non-bailable offence. It lays down conditions under which bail may be granted or refused.
Who can grant bail under Section 437 Cr.P.C.?
A Magistrate (Chief Judicial Magistrate or Metropolitan Magistrate) has the power to grant bail under this section.
Can bail be claimed as a right under Section 437?
No, bail under Section 437 is not an absolute right in non-bailable offences. It is granted at the discretion of the court based on the facts and circumstances of the case.
In what type of cases can bail be granted under Section 437?
Bail can be granted in cases of non-bailable offences where:
The offence is not punishable with death or life imprisonment.
The accused is a woman, child, sick, or infirm person.
The accused has been in custody for an extended period.
When can bail be denied under Section 437?
Bail may be refused if:
The accused has been charged with an offence punishable with death or life imprisonment.
The accused has a criminal history or may influence witnesses.
The accused may tamper with evidence or abscond.
Can a habitual offender get bail under Section 437?
Generally, a person with a past criminal record or multiple pending cases may be denied bail unless the court is satisfied that there is no risk of repeat offences or absconding.
What factors does the court consider before granting bail under Section 437?
The nature and gravity of the offence.
The character, background, and criminal history of the accused.
The possibility of the accused influencing witnesses or tampering with evidence.
Whether the accused is the sole breadwinner of the family.
Whether the investigation is complete.
Is bail under Section 437 applicable to all non-bailable offences?
No, it is not applicable where the offence is punishable with death or life imprisonment, except in exceptional circumstances (e.g., if the accused is a woman, child, or ill person).
How can a person apply for bail under Section 437 Cr.P.C.?
The accused or their legal representative must file a bail application before the Magistrate, stating the reasons for bail and assuring compliance with court conditions.
What documents are required to file a bail application?
FIR copy
Arrest memo
Medical records (if applicable)
Identity proof of sureties
Any other relevant documents supporting the bail application
What happens if bail is rejected under Section 437?
If the Magistrate rejects bail, the accused can:
File a fresh bail application before the Sessions Court under Section 439 Cr.P.C.
Approach the High Court or Supreme Court under a writ petition.
Can the police grant bail under Section 437?
No, only the Magistrate has the authority to grant bail under this section. The police can only grant bail in bailable offences (Section 436 Cr.P.C.).
What is the difference between bail under Section 437 and Section 439 Cr.P.C.?
Section 437: Magistrate grants bail in non-bailable offences.
Section 439: High Court or Sessions Court has special powers to grant or cancel bail in serious cases.
Can the court impose conditions while granting bail under Section 437?
Yes, the court may impose conditions such as:
Regular appearance in court for hearings.
Not leaving the jurisdiction without permission.
Surrendering the passport to prevent fleeing.
Not influencing witnesses or tampering with evidence.
What happens if the accused violates the bail conditions?
The court can cancel the bail and order the re-arrest of the accused.
Can an accused be granted bail under Section 437 if the investigation is still ongoing?
Yes, but the court will consider the stage of the investigation and the possibility of the accused interfering in the process before granting bail.
Can a bail granted under Section 437 be cancelled?
Yes, under Section 437(5) Cr.P.C., the Magistrate can cancel bail if the accused misuses liberty, tampers with evidence, or violates bail conditions.
Can bail under Section 437 be granted after filing of the charge sheet?
Yes, once the charge sheet is filed and the accused is no longer required for investigation, courts are more likely to grant bail.
Sample draft
IN THE COURT OF THE CHIEF JUDICIAL MAGISTRATE, DELHI
Criminal Misc. Bail Application No. ___ of 2025
IN THE MATTER OF:
State of NCT of Delhi
… Complainant
Versus
Mr. Rajesh Kumar,
S/o Mr. Mohan Lal,
R/o 45, Shastri Nagar, New Delhi – 110052.
… Accused
APPLICATION FOR GRANT OF BAIL UNDER SECTION 437 OF THE CODE OF CRIMINAL PROCEDURE, 1973
MOST RESPECTFULLY SHOWETH:
That the applicant/accused has been falsely implicated in the present case bearing FIR No. 102/2025, dated 15.03.2025, registered at Police Station Civil Lines, Delhi, under Sections 323, 325, 506 of the Indian Penal Code, 1860.
That the applicant was arrested on 16.03.2025 and has since been in judicial custody. The accused is a law-abiding citizen and has no previous criminal record.
That the applicant is innocent and has been falsely implicated due to personal enmity. The allegations made against him by the complainant Mr. Anil Sharma, S/o Late Ram Prasad, R/o 78, Model Town, Delhi are baseless and without any substantial evidence.
That the investigation in the matter is substantially complete, and the charge sheet has already been filed before this Hon’ble Court. Hence, no purpose would be served by keeping the applicant in further custody.
That the applicant undertakes to abide by all conditions imposed by this Hon’ble Court and shall not tamper with evidence or influence witnesses in any manner.
That the applicant has deep roots in society, a permanent place of residence, and is willing to furnish sureties as per the satisfaction of this Hon’ble Court.
That the accused is the sole earning member of his family, consisting of his aged parents, wife, and two minor children, and his prolonged detention is causing severe hardship to his dependents.
That the offences alleged are bailable in nature, and the applicant is entitled to bail under Section 437 of Cr.P.C., as the alleged offences do not fall under the category of offences punishable with death or life imprisonment.
That the applicant undertakes to appear before this Hon’ble Court and cooperate in the trial proceedings without fail.
That the applicant is ready to furnish bail bonds and sureties as may be directed by this Hon’ble Court.
PRAYER
In view of the aforesaid facts and circumstances, it is most respectfully prayed that this Hon’ble Court may be pleased to:
Grant bail to the applicant/accused in the interest of justice;
Pass any other order(s) that this Hon’ble Court may deem fit and proper in the circumstances of the case.
AND FOR THIS ACT OF KINDNESS, THE APPLICANT SHALL EVER PRAY.
PLACE: Delhi
DATE: 18.03.2025
(Signature of the Applicant’s Advocate)
[Adv. _________]
(Signature of the Applicant/Accused)
Mr. Rajesh Kumar