The absence of a chemical examination report does not render a charge-sheet incomplete, and a defendant is not entitled to default bail once cognizance has been taken.

JUDGMENT :

G. SATAPATHY, J.

1. This is bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Birmitrapur P.S. Case No.177 of 2024 corresponding to S.T. Case No.151/11 of 2024 pending in the file of learned Ad-hoc ADJ (FTSC) POCSO, Rourkela, for commission of offences punishable U/Ss. 376(D)/ 376(2)(1)/114 of IPC, on the main allegation of committing Gang Rape upon the victim.

2. In the course of hearing, Mr. Ramesh Kumar Sahoo, learned counsel for the petitioner submits that since chemical examination report has not yet been filed by the prosecution, the charge sheet which has been filed in this case is incomplete one, but the petitioner having detained in custody beyond the statutory period as prescribed for default bail, he may kindly be granted default bail. In support of his contention, the learned counsel for the petitioner relies upon the decision in Ritu Chhabaria Vs. Union of India , Writ Petition (Criminal) No. 60 of 2023. On the sole plea of default bail, Mr. Ramesh Kumar Sahoo, prays to grant bail to the petitioner.

2.1. On the other hand, Mr. P. Satpathy, however, opposes such plea of the petitioner by stating that merely because chemical examination report has not yet been filed, it cannot be construed that the charge sheet is incomplete and the petitioner is entitled to default bail. Mr. Satpathy, accordingly, prays to reject the bail application of the petitioner.

3. After having considered the rival submissions upon perusal of record, there appears allegation against the petitioner for committing gang rape upon the victim, but the plea of the petitioner is for default bail on the ground of non-submission of chemical examination report. Undoubtedly, learned counsel for the petitioner has relied upon the decision in Ritu Chhabaria (supra), but in Directorate of Enforcement Vs. Manpreet Singh Talwar , Special Leave to Criminal No. 5724 of 2023 (with IA No. 90183 of 2023), a three judge bench of the Apex Court has been pleased to held as under:-

“1. we clarify that the order shall not preclude any trial Court or, as the case may be, High Court for considering an application for grant of default bail U/S.167 of the Code of Criminal Procedure 1973 independent of and without relying on the judgment dated 26^th April 2023 in Writ Petition (Criminal) No.60 of 2023.”

4. In regard to plea for default bail to the petitioner, who is mainly accused of committing Gang Rape upon the victim for want of CE report, this Court considers it useful to refer to the following decisions of the Apex Court:-

4.1. In K. Veeraswami vs. Union of India, (1991) 3 SCC 655, while explaining the scope of Section 173(2) of the CrPC, a Constitutional Bench of Apex Court in paragraph 76 has held as under:-

"76. The charge-sheet is nothing but a final report of police officer under Section 173(2) of the Code. The Section 173(2) provides that on completion of the investigation the police officer investigating into a cognizable offence shall submit a report. The report must be in the form prescribed by the State Government and stating therein (a) the names of the parties; (b) the nature of the information; (c) the names of the persons who appear to be acquainted with the circumstances of the case; (d) whether any offence appears to have been committed and, if so, by whom (e) whether the accused has been arrested; (f) whether he had been released on his bond and, if so, whether with or without sureties and (g) whether he has been forwarded in custody under Section 170. As observed by this Court in Satya Narain Musadi v. State of Bihar;1980 3 SCC 152 that the statutory r