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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.K. MOHAPATRA
Vicky Kumar @ Kashyap – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner seeks quashing of previous order. (Para 1) |
| 2. arguments for and against default bail application. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. court analysis of statutory periods for filing charge-sheet. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. crlmc application disposed of with directions. (Para 16) |
JUDGMENT :
1. By filing the present application under Section 528 of BNSS, the Petitioners seek to invoke the inherent jurisdiction of this Court to quash order dated 11.08.2025 arising out of Balasore Cyber P.S. Case No.12 of 2025, corresponding to C.T. Case No.198 of 2025, pending before the learned S.D.J.M., Balasore. The above noted case was registered at the instance of the Informant-Opposite Party No.2 alleging commission of offence punishable under Sections 3(5), 318(4), 319(2), 336(3), 338, 340(2) of BNS read with Sections 66-C & 66-D of Information Technology Act’ 2008. By virtue of the impugned order, the learned trial Court has rejected the prayer of the Petitioners for their release on default bail under Section 187(3) of BNSS, 2023.
3. Learned counsel for the Petitioners at the outset contended that after registration of the FIR on 17.03.2025 at about 16:30 ho
The court clarified that the statutory period for filing a charge-sheet under BNSS, 2023 is 90 days, overriding previous state amendments.
The court established that pending matters under the CrPC, 1973, are preserved by the BNSS, 2023, while new incidents post-enactment must adhere to the BNSS.
(1) Default bail – Period of 90 days is stated to be counted when investigation for fresh offence(s) is started and not from date of lodging of FIR.(2) Default bail – Right to seek default/statutory ....
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.
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....
Accused facing charges punishable up to 10 years are entitled to default bail if the charge-sheet is not filed within 60 days, underscoring the necessity of timely investigations.
The right to default bail under Section 167(2) is indefeasible and cannot be circumvented by the filing of a charge-sheet after the statutory period.
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