The right to default bail arises only when no complete charge sheet is filed within the statutory period; once filed, the right ceases, even if subsequent investigations are pending.

ORDER :

CRL.M.A. 21935/2025

1. Exemption allowed subject to all just exceptions.

2. The application stands disposed of.

CRL.M.C. 5062/2025 & CRL. M.A. 21936/2025

3. The factual matrix of the case, as discerned from the record, is set out as follows:

I. The genesis of the present criminal proceedings lies in a complaint dated 23.01.2025 lodged by the complainant/respondent no. 2, Mr. Jasvinder Singh Bahra, a 63-year-old citizen.

II. The said complaint was addressed to the Cyber Police Station, South-West District, Delhi, wherein, it was alleged that the complainant had been induced, under the guise of a fraudulent online coin trading scheme, to part with a substantial sum of Rs.33,28,196/- over a span of several months from June, 2024 to January, 2025.

III. It was averred that the complainant, having been lured by an advertisement on Facebook regarding the sale and purchase of old currency coins, entered into communication with one Mr. Sanjay Sharma. The said individual, impersonating himself and others including an RBI official and even a police officer, succeeded in extracting money from the complainant under various pretexts such as registration fees, courier charges, tax payments, and so forth.

IV. Upon receipt of the aforesaid complaint, the concerned police authorities, registered FIR No. 14/2025 on 11.03.2025 at Cyber Police Station, South-West, under Sections 318(4), 3(5), and 61(2) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter “BNS”). Pursuant thereto, the petitioner herein, Mr. Irfan, was apprehended on 21.03.2025 in connection with the aforementioned case.

V. On the 59th day from the date of arrest, i.e., 19.05.2025, the Investigating Officer (hereinafter “IO”) filed charge sheet before the concerned Magistrate. The learned Chief Judicial Magistrate (hereinafter “learned CJM”), upon perusal of the charge sheet, vide order dated 19.05.2025, observed that the same was deficient in material particulars, inter alia, failing to incorporate the relevant sections pertaining to forgery as well as of the Information Technology Act, 2000, and lacking investigation into the money trail. Notice was accordingly issued to the SHO and ACP concerned, and the matter was adjourned to 24.05.2025.

VI. On the subsequent date, i.e., 24.05.2025, the SHO and ACP appeared before the learned CJM and sought a period of four weeks for completing the remaining investigation and to file supplementary chargesheet.

VII. Meanwhile, the petitioner moved an application seeking statutory bail under Section 187(3)(ii) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter “BNSS”) (corresponding to Section 167(2) of the Code of Criminal Procedure, 1973 (hereinafter “CrPC”).

VIII. The learned CJM, vide order dated 02.06.2025, allowed the said application, granting default bail to the petitioner, taking into consideration the observations made in the order dated 19.05.2025 which recorded incomplete nature of the charge sheet and the alleged failure of the police to file a complete chargesheet within the statutory period.

IX. The complainant, Mr. Jasvinder Singh Bahra, aggrieved by the grant of default bail, preferred a criminal revision petition, being Revision Petition No. 275/2025, before the Court of the learned Additional Sessions Judge-06, South District, Saket Courts, New Delhi (hereinafter “learned ASJ”).

X. The said revision petition was allowed vide order dated 26.07.2025 (hereinafter “impugned order”) setting aside the order dated 02.06.2025 passed by the learned CJM. The learned ASJ held, inter alia, that the charge sheet filed on 19.05.2025 was not deficient to such an extent so as to warrant default bail, and that the learned CJM had erred in concluding that the charge sheet was “half cooked” or incomplete. Consequently, the bail gran