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IN THE HIGH COURT OF DELHI AT NEW DELHI
Devendra Kumar Upadhyaya, Tushar Rao Gedela
Yash Mishra – Appellant
Versus
State Of NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. petitioner claims violation of rights under article 21. (Para 1 , 2) |
| 2. discussion on further investigation and default bail rights. (Para 3 , 4 , 5) |
| 3. legal arguments presented against the provisions of bnss 2023. (Para 6 , 7) |
| 4. court's reasoning against arbitrary detention and procedural safeguards. (Para 8 , 9 , 10) |
| 5. clarification on the powers of further investigation under bnss 2023. (Para 11 , 12 , 13) |
| 6. rejection of claims against section 193(9) masking default bail rights. (Para 14 , 15 , 16) |
| 7. judicial stance on legislative provisions amidst misuse concerns. (Para 17 , 18 , 19 , 20) |
| 8. conclusion around the dismissal of the petition. (Para 21) |
| 9. outcome of the legal proceedings. (Para 22) |
JUDGMENT :
DEVENDRA KUMAR UPADHYAYA, CJ.
1. The instant Public Interest Litigation(hereinafter referred to as PIL) petition has been filed with the following prayers:-
“In view of the above facts and circumstances it is most respectfully prayed that this Hon’ble Court may be pleased to issue any order/ direction/ declaration:
“a) Section 193 (9) read with 187 (3) is arbitrary to article 21 of constitution of India and hence ultra vires;
b) directing that the powers granted wit
The court upheld the constitutional validity of Section 193(9) of BNSS, 2023, affirming that rights to default bail are preserved and potential misuse doesn't invalidate statutory provisions.
A failure to file a charge-sheet within 60 days entitles the accused to default bail, protected as a fundamental right under Article 21 of the Constitution.
(1) Default bail – Without completing investigation of a case, a charge-sheet or prosecution complaint cannot be filed by investigating agency only to deprive arrested accused of his right to default....
The right to default bail under Section 167(2) is absolute and cannot be denied even during further investigation, aligning with the constitutional guarantee of personal liberty under Article 21.
The court ruled that for offences punishable up to ten years, police custody is limited to 15 days within the first 40 days of investigation, emphasizing the importance of timely investigations to pr....
The court clarified that the statutory period for filing a charge-sheet under BNSS, 2023 is 90 days, overriding previous state amendments.
The court ruled that the petitioner is entitled to statutory bail under Section 187(3) of BNSS, emphasizing that the maximum punishment under Section 22(b) of the NDPS Act is ten years, and anteceden....
The court clarified that for offences under Section 467 IPC, the maximum period for filing a chargesheet is 90 days, thus denying the applicant's claim for default bail.
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