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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SAMEER JAIN
Alok Singh – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. application to quash rejection of default bail (Para 2 , 3 , 4 , 5) |
| 2. right to default bail under section 167(2) cr.p.c. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. state's opposition to default bail claim (Para 15 , 16 , 17 , 18 , 19 , 20) |
| 4. legal analysis of sanction requirement (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 34) |
| 5. distinguishing precedent cases regarding default bail (Para 35 , 36 , 37 , 38 , 39 , 40) |
| 6. court found no illegalities in the impugned order (Para 41) |
| 7. final decision to dismiss application (Para 42) |
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, Distr
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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