Affidavit with Bail Bond (Form No. 45, now under BNSS)
Why & When is this Affidavit Used?
- Whenever a person is granted bail (regular bail, anticipatory bail, or released on bond) by police/court.
- The accused executes a bail bond (promise to appear before court/police as required).
- The surety (relative/friend/guarantor) gives this affidavit to show:
- Their identity and address,
- Relationship with accused,
- Their financial capacity (property, job, income, bank deposits, vehicles, etc.),
- Undertaking to produce the accused whenever required.
- It works like a legal guarantee to court that "I will ensure the accused does not abscond."
Purpose of the Affidavit
- Authenticate Surety – prevents fake or non-traceable guarantors.
- Show Financial Capacity – so the government can recover the penalty if the accused absconds.
- Assure Control – surety must be capable of producing the accused in court.
- Legal Safeguard – An affidavit is sworn, so lying = perjury.
Important Things to Know
- Now cited under BNSS sections 479, 480, 482 & 484.
- The surety must provide identity proof, income proof, and property proof with an affidavit.
- False affidavit = punishable under BNS, 2023 (perjury, s. 229).
- Court can forfeit property or FDRs mentioned in the affidavit if the accused absconds.
- If surety fails, he can also be jailed until the penalty is paid.
Quick FAQs
-
Q1. Who can stand as surety?
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Any adult with a stable address & financial capacity. Usually family, friends, and employer.
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Q2. Can a government employee or pensioner be a surety?
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Yes, they are often preferred since they are traceable and financially stable.
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Q3. What happens if the accused skips bail?
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Court can:
- Issue a warrant against the accused.
- Forfeit surety's money/property.
- Penalise surety for failing the undertaking.
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Q4. Is an affidavit compulsory with a bail bond?
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Yes, almost all High Courts direct sureties to file affidavits so their capacity and relation with the accused are verified.
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Q5. Does BNSS change the process?
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No, only section numbers changed. Procedure & affidavit remain the same.
FORM NO. 45
Bond and Bail Bond for Attendance Before Office Incharge of Police Station of Court
In the court of Shri………………………………………………………………………….……………
Police Station ___________________________________________ Next date of hearing: _____________
Under Section ________________________________ Sent to Jail on _____________
F.I.R. No. ________________________
Bail Bond
I ………………………………………………….. Son of Shri ……………………………………………… Residence …………………………………………………………………………………………………………………………………………………………………………………………… having been arrested or detained without a warrant by the Officer In charge of ………………………………… Police Station for having been brought before this Honourable Court charged with the offence of ………………………………………………………………………. and required to give surety for my attendance before such Officer of Court on condition that I shall attend such Officer or Court on every day on which any investigation or trial is held with regard to such charge and in case of my making default herein, I myself to forfeit to Government the sum of Rs. ……………………………………
Signature __________________________
Dated _____________________________
I ………………………………………………………………… Son of Shri …………………………………………………………. Residence ……………………………………………………………………………………………………………………………………………………… hereby declare myself for the above-said Shri … ………………………………………………………….. That he shall attend the Officer-in-Charge of ………………………………………………………. Police Station or the Court of Shri……………………………………………………………………………. every day on which any investigation into the charge is made or any trial on such charge is held, that he shall be and reappear before such officer or court for the purpose of such investigation to answer the charge against him (as the case may be), and in the case of his making default herein, I have bound myself to forfeit to the Govt. the sum of Rs. …………………………………….
Dated this ______ day of 20___
Signature __________________________
Witness
1. _____________________________________
2. _____________________________________
AFFIDAVIT
I …………………………………………… son / daughter / wife of …………………………………………………… Aged about……………… R/o………………………………………………………………………………………..…………………………… do hereby solemnly affirm and declare as under:
- That deponent is the resident of the above said address, and his/her ration card no. is ………………. and election card no. ………………………………………….. .
- That the accused is ………………………………………………………………… of the deponent, and the deponent has full control over him/her and is capable of producing him/her before this honourable court.
- That deponent is working as ……………………………………… at …………………………… T/C. No……………………………………… earns Rs………………………… per month.
- That deponent is the owner of household articles valued at Rs. …………………………………….
- That deponent is the owner of the immovable property bearing No. …………………………… Measuring …………… sq. yards situated at ……………………… valued not less than Rs………………………
- That deponent undertakes to produce the accused before the honourable court on every date of hearing.
- That I have an F.D.R. No………………………………… Issued by …………………………………….. For Rs. ……………………………………..
- That I own a vehicle No. ………………………………….. make …………………………. R/C no ……………………… at present valued not less than Rs. ……………………………………..
DEPONENT
VERIFICATION
Verified at Delhi on this …………… day of 20...… that the contents of this affidavit are true and correct to the best of my knowledge & nothing material has been concealed therefrom; no part of it is untrue.
DEPONENT
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