Surrender application (accused appearing before the court)
An accused surrenders before the Magistrate, asks to be taken into custody and to have the bail application heard the same day.
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How the paper begins
With Dastavo's sample details; the people and places are fictional. The words in blue are the ones you fill in.
IN THE COURT OF Judicial Magistrate First Class, Amarnagar
FIR No. 000 of 2026
Versus
APPLICATION ON BEHALF OF THE ACCUSED FOR ACCEPTING HIS SURRENDER, TAKING HIM INTO CUSTODY AND HEARING THE BAIL APPLICATION ON THE SAME DAY
Respectfully Showeth:
1.That FIR No. 000/2026 dated 25-09-2026 under Sections 318(4) and 316(2) BNS, P.S. City Amarnagar has been registered, in which the applicant is named as an accused, and non-bailable warrants dated 09-10-2026 have been issued against the applicant.
2.That the applicant is a law-abiding person and wishes to face the proceedings. The applicant has come to this Hon'ble Court today of his own free will to surrender; the applicant could not appear earlier because he was admitted in hospital at Shantipur from 03-10-2026 to 10-10-2026.
3.That the applicant is present in court in person and is identified by his counsel.
4.That a person who appears and surrenders before the court is in its custody, and the court may then deal with his application for bail. The applicant has filed an application for regular bail with this application, and requests that it be heard and decided today, so that the applicant is not kept in custody longer than necessary.
The rest of the paper is in Dastavo.
What to bring
Papers to bring
- A copy of the FIR
- A copy of the warrant or proclamation, if issued, and of earlier orders in the case
- The accused's original identity proof and two passport-size photographs
- The bail application to file with it: see "Regular bail application (s.480/483 BNSS)"
- If bail is granted: each surety (one or two, as ordered) with a photo identity proof, proof of address and two passport-size photographs
- The surety's property papers: a recent jamabandi (fard), a house deed, a vehicle's RC or an FD receipt, as the court accepts
- Daily medicines and a change of clothes, in case the accused is sent to jail
Where to go
The accused comes in person, with the advocate who identifies the accused, to the court where the case is (usually the Magistrate); the court takes the accused into custody and then hears bail, often the same day.
Fee
Court fee and welfare stamps, where needed, as the court office directs; bail bonds are usually on the court's printed form. Ask the counter for today's amounts. The advocate's fee is separate.
Good to know
- Surrender means custody: if bail is refused, the accused goes to jail and must apply again in a higher court. Come early on a working day, after deciding with your advocate.
- Only the court decides bail; no one can promise it. Tell your advocate of every other case and earlier bail application: hiding one can lead to refusal or cancellation.
Papers and fees can change. Check with the office before you go. Guidance only, not yet reviewed by a lawyer.
Stamp paper
Court fee and welfare stamps, where needed, are affixed as the court office directs.