The right to default bail is extinguished upon the filing of the charge sheet within the statutory period. Cognizance is not a required step within that timeframe, and a judicial order confirming the submission of the charge sheet serves as sufficient evidence to defeat a claim for statutory bail.

JUDGMENT :

Sanjeev Kumar Sharma, J.

Heard Mr. N. Hasan, learned counsel for the petitioner and Mr. S. Saikia, learned Additional Public Prosecutor for the State.

2. This is an application filed u/s 483 of the BNSS, 2023, r/w Section 187 of the praying for granting of default bail in respect of the petitioner who has been in custody since 16.10.2025 in POCSO Case No. 11/2026 u/s 64(2)/65/70(2) of the , 2023, r/w Section 6 of the POCSO Act pending before the Court of the learned Additional Sessions Judge-cum-Special Judge, POCSO, Tinsukia (corresponding to Tinsukia P.S. Case No. 378/2025).

3. The prosecution case is that the respondent No. 2 being the complainant, lodged an FIR before the Tinsukia Police Station on 15.10.2025 to the effect that her daughter namely “Miss X” (name withheld) aged 15 years, left the house of Arati Deori of Nemuguri, Dibrugarh on 14.10.2025 without informing anyone. After walking a bit from Nemuguri, she got one auto rickshaw and the auto driver left her at Dikom. Thereafter, a white colored auto driver of another auto found her and took her into the auto and handed her over to another auto driver at Tinsukia New Railway Station and asked him to board her in a train to Dholla. The said auto driver took her daughter to an isolated place and committed sexual assault on her first and then handed her over to other two auto drivers. The said two auto drivers also took her daughter to an isolated place and committed sexual assault on her and left her. While she was crying on the road, one other auto driver noticed her in the early hours of the morning and asked her as to what had happened. On knowing about the incident, he took her in his auto and took her near the Tinsukia Police Station and left her there after showing her the Tinkusia Police Station. Thereafter, her daughter appeared before the police station and informed the police that she had been subjected to rape. Hence the case.

4. Since this is an application for default bail alleging non-submission of charge sheet within the stipulated period as per law, the undisputed facts may be recounted.

5. The petitioner was arrested and produced before the learned Special Judge, POCSO, Tinsukia, on 16.10.2025, and on the same day, he was remanded to judicial custody. The statutory period of detention is 90 days, as the offense pertains to Section 6 of the POCSO Act which period would expire on 14.01.2026 and in the event of non-submission of the charge sheet, the petitioner would have become entitled to default bail on 15.01.2026. The charge sheet was submitted to the office of the Special Judge, POCSO, Tinsukia, on 30.11.2025 and was put up on 08.01.2026, which is within the statutory period of detention. However, cognizance of the case was taken on 04.02.2026.

6. It is the contention of the learned counsel for the petitioner that the effective date of submission of charge sheet must be regarded as 04.02.2026, inasmuch as that was the effective date on which the court actually perused the charge sheet and took cognizance of the offense under Sections 6 of the POCSO Act/ Section 64(2)/65/70(2) of the BNS.

7. In support of his aforesaid submission, the learned counsel has placed reliance on a decision of a coordinate bench of this Court in the case of Samsun Noor Alias Samsul Noor Vs The State of Assam reported in (2022) 5 GLT 405 (Judgment & Order dated 07.10.2022 passed in BA No. 1958/2022) wherein, it has been held as follows:

“38. In view of the above, this Court is of the opinion that submission of the charge sheet bef