JUDGMENT :

1. Heard Sri Arun Sinha, learned counsel for the applicant and Sri Anurag Verma, learned AGA-I for the State.

2. The precise question for consideration in this petition is as to whether the accused has an indefeasible right to 'compulsive bail' i.e. 'default bail' under proviso to section 167(2) Cr.P.C. on the expiry of the period of 90 days, (or 60 days as the case may be), if the charge-sheet has not been filed within aforesaid stipulated time.

3. So as to answer this question some facts in brief of the case are required to be considered.

4. The present applicant is an accused in Sessions Trial No. 669/2021, Crime No. 23/2021, u/s 342, 376D, 372, 506 IPC, & section 5/6 POCSO Act, P.S. Mahanagar, District Lucknow. He was sent to judicial custody on 14.1.2021.

5. As per learned counsel for the applicant this is a case wherein the investigation should be completed within a period of 90 days and charge-sheet should have been filed within aforesaid period under section 167 Cr.P.C.

6. The aforesaid 90 days period has expired on 14.4.2021 but no charge sheet has been filed before the learned trial court i.e. Special Judge, POCSO Act, Lucknow.

7. On 22.4.2021 an application under sec