The accused's entitlement to default bail is enforceable only if the application is made before the filing of the charge sheet and the investigations are not completed within the prescribed period.

SURESHWAR THAKUR, J.

FACTUAL BACKGROUND

1. The complainant Aman Kumar, DSP, Special Task Force, Unit Ambala (Haryana) had received source information, that Shamsher son of Pargat Singh, resident of Chola Sahib, District Taran Taran, Punjab is involved in terrorist activities, and some time back, he had been noticed to come on highway, from Ambala towards Delhi, thus, with his accomplices to create terror, and had placed an explosive device in the area by using Endeavour car No. PJC-0088. On finding this complaint to be believeable, he proceeded to along with his team, nab Shamsher son of Pargat Singh resident of Chola Sahib, District Tarn Taran, Punjab. On interrogation, the above person disclosed, that in June, 2022, Shamsher in connivance with his accomplices Arsh Bhatt, Robinjeet Singh alias Mota and Nachhattar, resident of Ralchal District Tarn, Taran had placed one IED device in a tiffin box on the highway between Ambala and Kurukshetra. More-over, further investigations also revealed, that his handler Satbir alias Satta, had disclosed the actual location, of the IED. On an intimation being given to senior official, Smt. Promila, Incharge Bomb Disposal Team, it was found that on timer switch of that device, it was written 'OK H M 9-6'. However, the Incharge Bomb Disposal Team defused the explosive device.

2. In pursuance of the above action being drawn by the Investigating Officer concerned, on his receiving, the source information and after his making interrogation into the offence, a formal FIR No. 739 dated 4.8.2022, was lodged under Sections 13,18,20 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter to refer in short, as UAPA) and Sections 4 and 5 of the Explosive Substance Act, at Police Station Sahabad, District Kurukshetra.

3. On 5.8.2022, Shamser was arrested, and, from his possession, a mobile phone and a SIM were taken into possession. On interrogation, he made a disclosure statement, that he runs a shop of tractor and battery repair, in the village and that in the year 2018, he met Arshdeep with whom, he remained connected on Whatsapp. Arshdeep had come when father of Shamsher, had died in the year 2020, and, who had stated that he is friend of Gangster Satbir alias Satta, who wanted to enlarge his organization, through making bomb blasts in the region of Delhi. He further revealed, that in pursuance of the said common object, he along with Arshdeep and Robinjeet Singh alias Mota had met Nachhatar Singh under the bridge of Lalru (Punjab) and at that time, the said Nachhattar Singh was carrying the device. All revealed to the Investigating Officer concerned, that they accompanied Nachhattar Singh, at the relevant site and placed, the device at the place of its recovery. It was on 5.8.2022, that Robinjeet Singh alias Mota was arrested, and he then joined the investigations. During the course of his custodial interrogation, he got recovered the Ford Endeavour car, used in the crime. During his interrogation, he also disclosed that Nachhatar Singh, had got the mobile phone switched off, and, the entire chat relating to that data was deleted. On 6.8.2022, his police remand was taken from Illaqa Magistrate till 6.8.2022 and on 6.8.2022, he, along with Shamsher was sent to judicial custody. Subsequently, other accused were arrested and joined investigation and were proceeded, in accordance with law.

4. The imminent fact which surges from the above factual background, is that, the present appellant was arrested on 5.8.2022. It appears from a reading of the records as available before this Court, that in terms of Section 167(2) Cr.P.C., initially the present appellant had filed an application, on 5.11.2022, before the SDJM, Shahabad. In the said application, he claimed the facility of being granted default bail, but on the ground that despite, the period prescribed under the law for the presentation of challan, thus expiring, yet, purportedly, when no challan became preferred within the prescribed period of time