IN THE COURT OF THE LEARNED [HIGH COURT/SESSIONS JUDGE], [CITY], [STATE]

Criminal Miscellaneous Petition No. _______ of 20XX

IN THE MATTER OF:

[Name of Accused/Applicant]
Son/Daughter of [Father’s Name]
Aged about [Age] years,
Residing at [Address]
…APPLICANT

VERSUS

The State of [State Name]
Through [Name of Police Station/Investigating Agency]
…RESPONDENT

APPLICATION UNDER SECTION 440 OF THE CODE OF CRIMINAL PROCEDURE, 1973 FOR REDUCTION OF BAIL AMOUNT

MOST RESPECTFULLY SHOWETH:

1. That the Applicant is the accused in [Case Number/FIR Number], registered at Police Station [Police Station Name], under Sections [Relevant Sections of IPC/other law], currently pending before the Court of Learned [Name of Magistrate/Judge who granted bail].

2. That the Learned [Name of Magistrate/Judge] vide order dated [Date of Bail Order] was pleased to grant bail to the Applicant, subject to furnishing a personal bond in the sum of Rs. [Original Bail Amount]/- with one/two solvent surety/sureties in the like amount. (A copy of the said bail order is annexed hereto as ANNEXURE ‘A’).

3. That the bail amount of Rs. [Original Bail Amount]/- fixed by the Learned [Magistrate/Judge] is excessive and beyond the financial capacity of the Applicant and his/her family members.

4. That the Applicant is a person of [mention profession/occupation, e.g., humble means, daily wage earner] with limited income and has no substantial assets. Imposing such a high bail amount effectively amounts to a denial of bail, thereby infringing upon the Applicant’s fundamental right to personal liberty guaranteed under Article 21 of the Constitution of India.

5. That the Applicant has deep roots in the community and is not likely to abscond. He/She undertakes to abide by all conditions imposed by this Hon’ble Court.

6. That Section 440(1) of the Code of Criminal Procedure, 1973, specifically provides that the amount of every bond shall be fixed with due regard to the circumstances of the case and shall not be excessive. Further, Section 440(2) empowers this Hon’ble Court to direct that the bail required by a police officer or Magistrate be reduced.

7. That it is humbly submitted that the circumstances of the present case and the financial condition of the Applicant warrant a reduction in the bail amount.

PRAYER:

It is, therefore, most humbly prayed that this Hon’ble Court may be pleased to:

a) Direct the reduction of the bail amount fixed in [Case Number/FIR Number] from Rs. [Original Bail Amount]/- to a reasonable amount, preferably Rs. [Proposed Reduced Amount]/- or such other amount as this Hon’ble Court deems fit and proper;
b) Pass any other order or direction that this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

AND FOR THIS ACT OF KINDNESS, THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.

Date: [Date]
Place: [Place]

(Signature of Applicant/Advocate for Applicant)
[Name of Applicant/Advocate]
[Enrollment Number, if Advocate]