**Sample PDF of the Application/Affidavit is attached at the end. (Example taken for understanding purposes; details may vary from case to case and court to court.)
Note: In the attached PDF, you may still see references to CrPC sections (436, 437, 438(3), 441). These are old provisions. Now, after the introduction of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the updated provisions are Sections 478, 480, 482, 485. Always use the updated section numbers in any fresh filing.
Why & When This Form Is Used
- After Bail Is Granted: When a court or police grants bail (regular, anticipatory, or default bail), this bond is filled.
- To Guarantee Attendance: The accused promises to appear before the Court/Police whenever required for investigation or trial.
- To Provide Surety/Security: The surety (family/friend) guarantees the accused's presence and may lose the specified money if the accused absconds.
- Legal Requirement: Without submitting this bail bond, the bail order is incomplete.
Example:
If Ramesh is arrested for cheating, Court grants him bail of ₹25,000 with one surety. Ramesh must sign this bond + his brother signs as surety. If Ramesh skips court, the ₹25,000 is forfeited.
Important Things to Know
- Accused's Role: Signs the bail bond undertaking to attend every hearing.
- Surety's Role: Files surety bond + affidavit showing identity, financial status, and ability to produce the accused.
- Affidavit Details: Includes ration card, voter ID, job, income, property, FD, or vehicle ownership proof.
- Forfeiture Clause: If the accused fails to attend, the money mentioned in the bond is taken by the Government.
- Verification: Surety swears before Court that details are correct.
FAQs on Bail Bond (Form 45)
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Q1. Who has to fill out this form?
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The accused and at least one surety. Both must sign before Court/Police.
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Q2. Is this form mandatory after a bail order?
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Yes. Without filing the bond, the bail order remains only on paper; the accused won't be released.
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Q3. What is the difference between Bail Bond and Surety Bond?
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Bail Bond = promise by accused. Surety Bond = guarantee by another person (usually relative/friend).
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Q4. What documents does the surety need?
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ID proof (ration card, voter card, Aadhaar), proof of income, property documents, FD/vehicle papers (as mentioned in the affidavit).
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Q5. What happens if the accused skips hearings?
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The surety's money/property mentioned in the bond is forfeited by the government, and fresh warrants are issued.
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Q6. Under which law is this form valid now?
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BNSS, 2023 – Sections 478, 480, 482, 485. (Earlier, it was under CrPC 436, 437, 438(3), and 441).
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Q7. Can the same surety be used in multiple cases?
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Usually no. One surety bond is tied to one case unless the court permits otherwise.
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Q8. What if the surety withdraws later?
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Accused must furnish a new surety; otherwise, bail can be cancelled.
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Q9. Does the surety need to be a government servant?
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No. Any person with stable income/property can stand surety, but the court checks credibility.
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Q10. What is the value of bond money?
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It depends on the court order. Amount is fixed according to the gravity of the offence, not standard for all cases.
Downloads & Resources
Legal Affidavit Document
FORM NO. 45
Bond and Bail Bond for Attendance Before Officer In-Charge of Police Station or Court
(Section 478, 480, 482, 485 BNSS)
In the Court of Shri ___
Police Station: ___
Next Date of Hearing: ___
Under Section: ___
Sent to Jail on: ___
FIR No.: ___
BAIL BOND
I ___, Son of Shri ___, Resident of ___, having been arrested or detained without warrant by the Officer In-Charge of ___ Police Station and brought before this Hon'ble Court charged with the offence of ___, and required to give surety for my attendance before the Officer or Court, do hereby bind myself to attend on every date of investigation or trial, failing which I shall forfeit to the Government a sum of Rs. ___.
Place: Delhi
Signature: ___
Dated: ___
I ___, Son of Shri ___, Resident of ___, hereby declare myself surety for the above-said Shri ___.
I undertake that he shall attend the Officer-in-Charge of ___ Police Station or the Court of Shri ___ on every date of investigation or trial, and in default, I bind myself to forfeit to Government a sum of Rs. ___.
Dated this ___ day of ___ ___
Signature: ___
Witness
1. ___
2. ___
AFFIDAVIT
I ___, son/daughter/wife of ___, aged about ___ years, resident of ___, do hereby solemnly affirm and declare as under:
- That the deponent is resident of the above address and holds Ration Card No. ___ and Election Card No. ___.
- That the accused is ___ of the deponent and the deponent has full control and undertakes to produce him/her before the Court.
- That the deponent is working as ___ at ___, T/C No. ___, earning Rs. ___ per month.
- That the deponent owns household articles valued at Rs. ___.
- That the deponent owns immovable property bearing No. ___, measuring ___ sq. yards, situated at ___, valued not less than Rs. ___.
- That the deponent undertakes to produce the accused before the Hon'ble Court on every date of hearing.
- That the deponent holds FDR No. ___ issued by ___ for Rs. ___.
- That the deponent owns vehicle No. ___, make ___, RC No. ___, valued not less than Rs. ___.
DEPONENT
VERIFICATION
Verified at Delhi on this ___ day of ___ that the contents of this affidavit are true and correct to the best of my knowledge.
DEPONENT
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