Bail Bond and Surety: Format and How It Works (2026)

Format · Criminal Procedure

Updated for 2026 · Claw Editorial

When a court or police grant bail, the release is not unconditional. The accused must sign a bail bond, a written promise to appear in court when required, and often must also provide one or more sureties, people who stand behind that promise with their own money. These bonds are governed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the old Criminal Procedure Code. This page explains the difference between a personal bond and a bond with surety, who can stand as a surety and what they must show, usable formats for both bonds, and what happens if the bond is broken and forfeited. Last verified October 2026.

01Bail bond and surety explained

A bail bond is the written undertaking an accused person signs to get out of custody on bail. In it the accused promises to attend court on every date and not to break the conditions the court sets. If the accused breaks the promise, the amount of the bond can be recovered.

A surety is a different person who guarantees that the accused will appear. The surety signs their own bond, promising to pay the bond amount if the accused absconds. Sureties exist so that the accused has someone with a stake in making sure they come to court. Under the BNSS, the court fixes the amount of every bond with regard to the facts of the case, and Section 484 says the amount must not be excessive. For when bail itself is granted, see bail in non-bailable offences under Section 480 and the types of bail.

02Personal bond versus bond with surety

There are two ways a court can take the undertaking:

The court decides which to ask for, and how many sureties, based on the offence, the accused's standing and the risk of absconding. A court can also release a person on a personal bond without surety where it thinks that is enough, which helps people who cannot easily arrange a surety. For how bail is sought from the Sessions Court or High Court, see bail before the Sessions Court and High Court under Section 483.

03Who can stand as a surety

A surety must satisfy the court that they are good for the bond amount. The court checks the sufficiency of each surety before accepting them. In practice a surety is expected to:

• be an adult of sound mind, able to enter a legal obligation;
• be solvent, that is, actually own property or have means equal to the bond amount;
• produce proof, such as identity, address and proof of property or income (for example a land document, salary certificate or bank record);
• usually be local or otherwise traceable, so the court can reach them if the accused absconds.

One person can sometimes stand surety in more than one case, but a court may refuse a surety it does not find sufficient. A surety who later wants out can apply to be discharged from the bond under Section 489, after which the accused must furnish a fresh surety.

04A usable bail bond and surety bond format

Below are general formats for the accused's bail bond and the surety's bond. Courts usually provide their own printed forms, so use these to understand the content and adapt them; the actual bond should be on the court's form and settled by the advocate.

BAIL BOND (OF THE ACCUSED)

IN THE COURT OF ____________________ AT ____________________
Case / FIR No. __________   Police Station __________
State versus [Accused name]

I, [Accused name], son/daughter of __________, resident of
____________________, having been admitted to bail in the above
case, bind myself to attend the Court on ________ and on every
date to which the case is adjourned, until otherwise directed,
and in case of my making default, I bind myself to forfeit to the
Government the sum of Rs __________.

Place: ________   Date: ________
                                   ________________
                                      Accused

----------------------------------------------------------------

SURETY BOND

IN THE COURT OF ____________________ AT ____________________
Case / FIR No. __________

I, [Surety name], son/daughter of __________, resident of
____________________, declare myself surety for the above
[Accused name], that he/she shall attend the Court on ________
and on every date to which the case is adjourned, until otherwise
directed; and in case of the said [Accused] making default, I
bind myself to forfeit to the Government the sum of Rs __________.

In proof of my sufficiency I attach: [identity proof], [proof of
residence], and [proof of property/income].

Place: ________   Date: ________
                                   ________________
                                      Surety

Once the bonds are accepted by the court and verified, the release order is issued and the accused is released from custody.

05Forfeiture and discharge

If the accused breaks the bond, for example by not appearing, the court can order the bond forfeited under Section 491 of the BNSS. The court calls on the accused and the surety to show cause and to pay the bond amount, and may recover it as a fine; the existing bonds are then cancelled under Section 492. If a surety dies or becomes insolvent, or a bond is forfeited, the accused must provide a fresh surety under Section 493, failing which the court may act as if there was a default.

A surety who has paid or who wants to step out before any default can apply to be discharged under Section 489. An order of forfeiture can be appealed under Section 495. These rules are why a surety should be sure of the accused before signing: the surety is putting their own money on the line. For how a seized vehicle is released on similar bonds, see how to get a seized vehicle released under the BNSS.

06Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

Questions around bonds, surety sufficiency, forfeiture and discharge are decided case by case, and how courts have ruled on similar facts matters. Claw lets you search 30 crore+ judgments, with Supreme Court decisions from 1950 and High Court decisions from 1990, to find rulings on bail bonds and surety on points like yours, with results in under 5 seconds. Once bail is granted, the matter still has many dates, and Claw tracks cases, orders and hearings across 9,102 courts, benches and forums, so the accused and the advocate can follow every date by party name and not miss an appearance that could forfeit the bond. Claw does not use your case documents to train its AI models.

Create a FREE Claw account to find bail bond rulings on point and track every hearing after release, using case search across Indian courts. To keep bail matters organised, see bail matter tracking.

07Sources and further reading

• India Code (Bharatiya Nagarik Suraksha Sanhita, 2023, provisions on bail and bonds, Sections 484, 485, 489, 491, 492, 493, 495): indiacode.nic.in
• eCourts (case status after bail): ecourts.gov.in
• Claw: clawlaw.in

This is a general format and information, not legal advice. Courts use their own bond forms and local rules, so follow the form and directions of your court and take advice from an advocate before signing any bond.

08Frequently asked questions