Bond / Surety & Attendance under Section 485 BNSS (corresponding to Section 437A CrPC)
Purpose of This Application
This application is used when:
- A person has been acquitted by a trial court in a criminal case.
- There is a pending appeal filed by the prosecution or another party against the acquittal.
- The court wants to ensure the acquitted person appears for all appellate hearings.
Goal:
- Protects the court's interest by ensuring attendance.
- Ensures that the acquitted person will not evade the appellate process.
- Provides a financial guarantee (bond amount) in case of default.
Components of the Application
A. Personal Bond
- Signed by the acquitted person.
- Promises to attend all appellate hearings.
- Undertakes that in case of default, a penalty (forfeiture of specified amount) will be paid to the government.
Key Details:
- Name, parentage, and residential address.
- Case number, FIR number, and relevant sections.
- Date of acquittal.
- Bond amount (guarantee).
Surety Bond (if required)
- Signed by a third party (surety) who guarantees the accused's attendance.
- Provides a financial and legal assurance to the court.
- Details include surety's residential address, occupation, and amount undertaken.
Affidavit
- Made by the surety or another responsible person.
- Affirms:
- Residence proof (ration card, voter ID).
- Relationship to the accused and ability to produce him/her in court.
- Employment and income.
- Ownership of household items, property, or vehicles (to show ability to pay bond if needed).
- Commitment to attend court on every date of hearing.
- Verification clause confirms the truthfulness of the affidavit.
When is it Used
- After acquittal by a trial court in criminal cases.
- When an appeal is filed against the acquittal (by prosecution or victim).
- Ensures continuous court appearance and prevents absconding.
Example:
ABC is acquitted in a theft case. The State files an appeal in the High Court. ABC signs a personal bond with surety and affidavit to guarantee appearance during appellate proceedings.
Important Points
- The bond may be personal only or with surety, depending on court discretion.
- The bond amount is fixed by the court.
- Defaulting on attendance may lead to:
- Forfeiture of bond amount.
- Issuance of a non-bailable warrant.
- Affidavit provides proof of the ability to pay a bond and establishes credibility.
FAQs
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Q1. Who signs the personal bond?
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The acquitted person is the primary signatory.
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Q2. Who can act as surety?
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Any responsible adult with verifiable property/income, willing to guarantee attendance.
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Q3. What happens if the accused misses a court date?
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The bond is forfeited, and the court may issue a warrant for arrest.
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Q4. Is a personal bond always required?
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Yes, when appellate proceedings are pending and the court wants assurance of attendance.
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Q5. Can multiple sureties be provided?
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Yes, the court may require more than one surety depending on the risk of absconding.
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Q6. Can the bond amount be negotiated?
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Court fixes the bond considering the financial status of the applicant and surety.
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Q7. Can this bond be used for new cases?
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No. This bond is specific to appellate attendance for the stated case.
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Q8. Is this bond valid nationwide?
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Yes, but its effect is limited to the appellate court and proceedings mentioned.
📁 Downloads & Resources
Access related documents and legal forms
| Attachment | Size |
|---|---|
| Bond-Surety-Attendance (575.49 KB) | 575.49 KB |
(This is only a sample format for understanding.) Details including names, addresses, sums, property, and employment information will vary case to case. In the original PDF it may refer to CrPC sections; here the format is the same, but the applicable section under BNSS (Section 485) is used. Adjustments may be made as per the facts of each case.)
BOND & PERSONAL BOND FOR ATTENDANCE BEFORE THE APPELLATE COURT
In the Court of Sh. ____________________________________
P.S. … : _______________________
Under Section 485 BNSS
Case No. ______ / FIR No. ________
PERSONAL BOND
I, ________________________ S/o. Sh. ________________________________ R/o________________________________________________________________ Having been acquitted by this Hon'ble Court on ________________ in the above-said case FIR No. _________________ P.S. ___________________U/s _____________ and required to give surety for my attendance before the Hon'ble Court on condition that I shall attend the Hon'ble Appellate Court on every date of hearing in which any appeal filed against the judgement & Order of acquittal passed by this Hon'ble Court, and in case of making default therein, I myself undertake to forfeit to the Govt. of India the sum of Rs. ____________________.
Delhi
Date:_____________
Signature__________
SURETY BOND (if surety is required)
I, _________________ S/o. Sh. ______________________ R/o _______________ ____________________________________ hereby declare myself for the above said Sh. ________________________ S/o ____________________________ shall attend the appellate court on every date in which any appeal is filed against the Judgement & Order of acquittal passed by this Hon'ble Court, and in case of making default therein, I myself undertake to forfeit to the Govt. of India the sum of Rs.__________________.
Dated this ………………………………………..day of ……………………….20…..
AFFIDAVIT
I………………………………….……………………… son / daughter / wife of… …………………….………………………………. Aged about……………… R/o………………………………………………………………………………………..…………………………… do hereby solemnly affirm and declare as under… ………………………………………………………………………………..
1. That deponent is the resident of the above said address, and his/her Ration Card no. is ………… ………….……………. and Election Card No. ………………………………………….. .
2. That accused is …………………………………………………………………………………… ……………………………..………of the deponent, and the deponent has full control over him/her and is capable of producing him/her before this hon'ble court.
3. That deponent is working as …………………..………………………….. at …...………………………………………….. T/C. No………………………………………….… earns Rs………………………..………………….. per month.
4. That deponent is the owner of household articles valued at Rs. …………………………………….
5. That deponent is the owner of the immovable property bearing No. ………….……………………………. Measuring …………………………………..…… sq. yards situated at …………………………..…………………………… valued not less than Rs……………………………………
6. That deponent undertakes to produce the accused before the honourable court on every date of hearing.
7. That I have an F.D.R. No………………………………………………..… Issued by …………………………………….. For Rs. ……………………………………..
8. 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 200 ……….. 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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