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RAKESH THAPLIYAL
Kamal Virmani – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Rakesh Thapliyal, J.
1. The present applicant is an accused in a case arising out of the First Information Report dated 16.09.2023, bearing FIR No. 0413 of 2023, P.S. Kotwali Dehradun, District Dehradun, wherein he has been implicated for the offences punishable under Sections 120B, 420, 467, 468 read with Section 471 IPC.
2. Prior to registration of the FIR No. 0413 of 2023, he was taken into custody on 26.08.2023 in connection with another FIR No. 107 of 2023 and FIR No. 281 of 2023, both registered at P.S. Kotwali District Dehradun and the applicant was in judicial custody from 27.08.2023 in both the cases.
3. In both the FIRs i.e. FIR No. 107 of 2023 and FIR No. 281 of 2023, the applicant was granted bail by the coordinate Bench of this Court by order dated 15.05.2024, passed in First Bail Application No. 2276 of 2023 and in Bail Application No. 2277 of 2023.
4. It is submitted that, though the applicant was granted bail by the coordinate Bench of this Court by order dated 15.05.2024; however, before the applicant could be released from jail, the Investigating Agency took the present applicant in judicial custody in the present case on 17.05.2024. Thereafter, the applican
The court clarified that for offences under Section 467 IPC, the maximum period for filing a chargesheet is 90 days, thus denying the applicant's claim for default bail.
The right to default bail under Section 167(2) is absolute and cannot be denied even during further investigation, aligning with the constitutional guarantee of personal liberty under Article 21.
The court ruled that the petitioner is entitled to statutory bail under Section 187(3) of BNSS, emphasizing that the maximum punishment under Section 22(b) of the NDPS Act is ten years, and anteceden....
The main legal principle established is that the accused is entitled to default bail if the investigation is not completed within the mandated period, as per the legislative intent of section 167(2) ....
(1) Default bail – Once period of detention expired, sans charge-sheet having been lodged and accused manifested intent to avail right by making application, no subterfuge to defeat indefeasible righ....
The entitlement to default bail under Section 167(2) Cr.P.C is determined by the nature of the offense and the applicable imprisonment provisions, as interpreted by the Hon'ble Supreme Court in Rakes....
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