Bail Application Draft for Theft Case under BNSS
IN THE COURT OF THE HON’BLE METROPOLITAN MAGISTRATE / JUDICIAL MAGISTRATE FIRST CLASS, [CITY NAME]
BAIL APPLICATION NO. _____ OF 2026
IN THE MATTER OF:
State (through [Name of Police Station]) ... Prosecution
VERSUS
[Name of Accused], S/o [Father's Name], R/o [Address] ... Applicant/Accused
FIR No: [Number]
Date: [Date]
Police Station: [Name]
U/Sections: [e.g., Section 303(2) of BNS, 2023]
APPLICATION UNDER SECTION 480 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA (BNSS), 2023, FOR GRANT OF REGULAR BAIL
MOST RESPECTFULLY SHOWETH:
That the Applicant has been falsely implicated in the aforementioned FIR and was arrested by the police on [Date]. The Applicant is currently in judicial custody.
That the Applicant is a law-abiding citizen with no prior criminal record and is the sole breadwinner of his family.
That the investigation is largely complete, and the alleged stolen property has already been recovered (if applicable), meaning no further custodial interrogation is required.
Grounds for Bail:
False Implication: The Applicant has no connection with the alleged offense and has been named due to [mention reason, e.g., personal enmity/suspicion].
No Flight Risk: The Applicant is a permanent resident of [City] and has deep roots in society; there is no risk of him absconding.
Cooperation: The Applicant undertakes to join the investigation as and when required and shall abide by all conditions imposed by this Hon'ble Court.
Tampering: There is no possibility of the Applicant tampering with evidence or influencing witnesses.
That the Applicant is ready to furnish sound surety and bail bonds to the satisfaction of this Hon’ble Court.
PRAYER
In view of the above facts, it is most respectfully prayed that this Hon’ble Court may be pleased to:
Release the Applicant on regular bail in FIR No. [Number] of P.S. [Name].
Pass any other order as this Court may deem fit in the interest of justice.
APPLICANT
Through
[Advocate Name/Signature]
Date: [Current Date]
Place: [City]
Frequently Asked Questions (FAQs)
1. Which section of the new law applies to theft?
The offense of theft, previously under Section 379 of the IPC, is now governed by Section 303 of the Bharatiya Nyaya Sanhita (BNS). For simple theft, the punishment and trial procedure are detailed under Section 303(2).
2. Under which section of BNSS should I file a bail application?
Before a Magistrate: You must file under Section 480 of BNSS (formerly Section 437 CrPC).
Before a Sessions Court or High Court: You must file under Section 483 of BNSS (formerly Section 439 CrPC).
3. Is theft a bailable or non-bailable offense under the new law?
Theft remains a non-bailable offense. This means you cannot claim bail as a right at the police station; you must apply to the court, and the Judge will decide based on the facts of the case.
4. What is the "First-Time Offender" rule in BNSS?
This is a significant update. Under Section 479 of BNSS, if a person is a first-time offender (never convicted before) and has spent one-third of the maximum imprisonment period in custody during investigation or trial, the court shall release them on bail.
5. What factors does the Court consider when granting bail for theft?
The Court generally looks at:
Recovery: Has the stolen property been recovered? If yes, the need for custody decreases.
Criminal Antecedents: Does the accused have a history of similar crimes?
Flight Risk: Is the accused likely to run away or skip trial?
Evidence Tampering: Is there a risk of the accused threatening witnesses?
6. Can I apply for bail before being arrested (Anticipatory Bail)?
Yes. If you apprehend arrest for a theft charge, you can file for Anticipatory Bail under Section 482 of BNSS (formerly Section 438 CrPC) before the Sessions Court or the High Court.
7. What documents are required for the bail process?
A certified copy of the FIR.
Vakalatnama (Authority letter for the lawyer).
Surety Documents: Proof of residence (Aadhar/Voter ID) and financial status of the person standing as a guarantor for the accused.
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