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IN THE HIGH COURT OF ORISSA AT CUTTACK
G. SATAPATHY
Rajeev Lugun @ Topno – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. bail application for gang rape charges. (Para 1) |
| 2. arguments on default bail due to missing report. (Para 2) |
| 3. court's analysis on accusations and default bail. (Para 3) |
| 4. legal precedents on default bail and charge sheets. (Para 4 , 5) |
| 5. court's explanation on statutory bail rights. (Para 6) |
| 6. conclusion on charge sheet completeness. (Para 7) |
JUDGMENT :
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.
2.1. 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.
“1. we clarify that the order shall not preclude any trial Court or, as the case m
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.
The right to default bail under Section 167(2) of the Criminal Procedure Code is extinguished upon the filing of a supplementary charge-sheet with the required report and the Court taking cognizance.
Default bail entitlement under Section 167(2) Cr.P.C. arises only when a chargesheet is not filed or is incomplete; timely filing of chargesheet suffices despite missing documents.
The absence of a chemical examination report in a chargesheet does not invalidate it, and does not automatically entitle the accused to default bail under Section 167(2) of the Cr.P.C.
The non-filing of FSL report with the challan does not vitiate the challan or entitle the applicant to default bail under section 167(2) of the Criminal Procedure Code.
Right to default bail under Section 167 of the CrPC only arises prior to filing of a charge-sheet; it is not applicable once a charge-sheet has been submitted, even if further investigations are ongo....
The right to default bail under Section 167(2) Cr.P.C. is an indefeasible right that cannot be extinguished by the mere filing of an incomplete chargesheet.
The right to default bail under Section 167(2) Cr.P.C. is extinguished upon timely filing of a charge-sheet, even if it lacks necessary sanction, thus not rendering it incomplete.
Default bail – Petitioner is not entitled to any default bail merely because investigation has been kept open.
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