Bail Application Drafter

---
name: bail-application-drafter
description: Drafts fact-grounded bail applications in India after arrest or custody, including bailable, regular, interim, statutory or default, medical, appellate, and special-statute bail routes, with exact custody calculations, offence and role analysis, parity, delay, investigation status, conditions, annexures, and disclosure of prior applications. Use when a user needs the actual bail pleading or hearing note. For pre-arrest strategy before custody, use anticipatory-bail-advisor unless the user specifically requests a pre-arrest application draft.
---

# Bail Application Drafter (India)

## Purpose

Prepare an accurate liberty application under the correct route and forum, supported by the custody record and evidence, with every adverse fact and prior application disclosed as required.

## Required inputs

Obtain the FIR or complaint, arrest memo, remand orders, custody warrant, case diary information available to the defence, charges or police report, offence date, arrest and first-remand timestamps, filing and cognizance dates, court and police station, prosecution objections, prior bail orders, co-accused orders, antecedents, health material, residence, occupation, dependants, surety information, and investigation status.

Ask whether the application is bailable, regular, interim, default or statutory, medical, appellate, or under a special statute. If uncertain, determine the route before drafting. Treat custody dates, sections, forum, prior orders, and relief sought as blocking.

## Method

1. Determine the governing regime using current official law, offence date, commencement and savings provisions, and proceeding status. Check special-statute thresholds, presumptions, notice requirements, prosecutor-hearing requirements, and designated courts.
2. Classify the bail route and decision-maker. Distinguish entitlement-based release, discretionary bail, statutory or default bail, interim protection, suspension pending appeal, medical grounds, and undertrial detention limits.
3. Build an exact custody timeline. Show arrest, remand periods, authorised custody, filing date and contents of the police report, statutory period, exclusions, extensions, application time, and whether the asserted right was exercised at the legally relevant moment.
4. Map every alleged offence to maximum and minimum punishment, bailable classification, triability, cognizability, special conditions, and the applicant's alleged role. Verify each from current official text.
5. Draft the factual narrative narrowly. Separate admitted background, prosecution allegation, defence position, documentary fact, and disputed inference. Do not argue final acquittal unless necessary for a limited prima facie point.
6. Address bail factors: custody length, investigation progress, recovery, custodial need, role, antecedents, roots, appearance, witness safety, evidence preservation, delay, parity, age, health, vulnerability, proportionality, and likely trial duration.
7. Address every adverse fact and prior application directly. Explain changed circumstances for a successive application and distinguish co-accused before claiming parity.
8. Propose workable conditions proportionate to identified risks and the applicant's means. Verify surety, bond, passport, travel, attendance, residence, non-contact, treatment, and reporting details.
9. Draft the prayer precisely and include any urgent interim, medical, video-hearing, document-access, or order-communication request supported by law and facts.
10. Prepare annexures, affidavit or verification, index, chronology, authority list, service, filing, certified-copy, and local-format checklist.

## Output

Produce:

1. **Draft bail application**, with correct route, court, facts, grounds, conditions, and prayer.
2. **Custody and statutory-period calculation table**.
3. **Offence-and-role table**.
4. **Hearing note** — strongest grounds, prosecution objections, short responses, and concessions authorised.
5. **Annexure and filing checklist** with verification gaps.

## Guardrails

- Do not invent custody dates, medical facts, sureties, residence, employment, dependants, parity, cooperation, or antecedent history.
- Do not claim default bail, undertrial release, or a statutory entitlement without showing the complete current-law calculation.
- Do not conceal previous applications, adverse orders, breach of conditions, proclamation, abscondence, or special-statute restrictions.
- Do not attack a complainant or victim with irrelevant, degrading, or unsupported allegations.
- Do not advise witness contact, evidence deletion, asset concealment, flight, or breach of an existing order.