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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SAMEER JAIN
Alok Singh – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
SAMEER JAIN, J.
1. Heard Sri Amarnath Tripathi, learned counsel for applicant and Sri Imran Khan as well as Sri Rajeev Dhar Dwivedi, learned Additional Government Advocates for the State.
2. The instant application has been filed by the applicant with a prayer to quash the order dated 23.07.2025 passed by Additional Sessions Judge/Special Judge (P.C. Act) Court No.2 Gorakhpur whereby his application to release him on default bail has been rejected arising out of Case Crime No. 93 of 2024, under Sections 389 , 406, 420, 506, 411, 120B IPC and Section 13 of The Prevention of Corruption Act, Police Station Kotwali, District Gorakhpur.
Brief facts of the case:-
3. FIR of the present case was lodged on 09.04.2024 against applicant and others under Sections 379, 406, 420, 506 IPC and Section 13 Prevention of Corruption Act (in short P.C. Act).
4. After registration of the FIR investigation was commenced and on 05.06.2024 charge-sheet has been filed against applicant for offences under Sections 389 , 406, 420, 506 IPC and Section 13 P.C. Act and Section 411 IPC read with Section 120B IPC and on 07.06.2024, Magistrate concerned took the cognizance but it reflects, charge-sheet has bee
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.
(1) Default bail – Once challan has been filed, question of grant of bail has to be considered and decided only with reference to merits of case under provisions relating to grant of bail to accused ....
The right to default bail arises only when no complete charge sheet is filed within the statutory period; once filed, the right ceases, even if subsequent investigations are pending.
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 apply for default bail is lost once the charge-sheet is filed, and such right does not revive only because further investigation is pending.
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.
Point of law : The right to be released on default bail continues to remain enforceable if the accused has applied for such bail, notwithstanding pendency of the bail application; or subsequent filin....
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