DEFAULT BAIL ORDER FORMAT

(Section 167(2), Code of Criminal Procedure, 1973)

IN THE COURT OF __________

(Court of Sessions / Magistrate)

Case Title:
State vs. __________

Case No.: __________
FIR No.: __________
Police Station: __________
Sections: __________

ORDER

1. This is an application filed by the accused under Section 167(2) CrPC seeking grant of default/statutory bail on the ground that the charge-sheet has not been filed within the prescribed period of limitation.

2. Heard learned counsel for the applicant and learned APP for the State. Perused the record.

BRIEF FACTS

3. The accused was arrested on ___ in connection with the present FIR for offences punishable under Sections __________. The accused has been in judicial custody since then.

4. It is not in dispute that the statutory period of ___ days prescribed under Section 167(2) CrPC has expired and the charge-sheet has not been filed till date.

SUBMISSIONS ON BEHALF OF THE APPLICANT

5. Learned counsel for the applicant submits that:

   • the statutory period for filing the charge-sheet has expired;

   • the accused has applied for bail after accrual of the right under Section 167(2) CrPC;

   • the right to default bail is an indefeasible right flowing from Article 21 of the Constitution.

SUBMISSIONS ON BEHALF OF THE STATE

6. Learned APP for the State opposes the application on the ground that investigation is at an advanced stage / charge-sheet is likely to be filed shortly.

COURT’S CONSIDERATION & FINDINGS

7. I have considered the rival submissions and perused the record.

8. The law is well settled that once the statutory period prescribed under Section 167(2) CrPC expires and the accused applies for bail, the right to default bail becomes indefeasible.

9. In Uday Mohanlal Acharya v. State of Maharashtra, the Hon’ble Supreme Court held that the right under Section 167(2) CrPC is a valuable and indefeasible right.
   Further, in M. Ravindran v. Intelligence Officer, DRI, it was held that this right cannot be defeated by subsequent filing of the charge-sheet.

10. In the present case, since:

• the statutory period has expired, and

• the accused has applied for bail before filing of the charge-sheet,

this Court is bound to grant default bail.

ORDER

11. Accordingly, the application is allowed.

12. The accused is directed to be released on default bail under Section 167(2) CrPC on furnishing:

• a personal bond of ₹_____

• with ___ surety/sureties of the like amount

to the satisfaction of the Trial Court/Magistrate, subject to the following conditions:

CONDITIONS OF BAIL

i. The accused shall appear before the Trial Court on each and every date of hearing.
ii. The accused shall cooperate with the investigation/trial.
iii. The accused shall not tamper with evidence or influence prosecution witnesses.
iv. The accused shall not leave India without prior permission of the Court.
v. In case of misuse of liberty, the prosecution shall be at liberty to seek cancellation of bail.

CLARIFICATION

13. It is clarified that the grant of default bail shall not affect the merits of the case and the prosecution shall be at liberty to proceed in accordance with law after filing of the charge-sheet.

Order accordingly.

Date: _____
Place: _____

(Judge’s Signature)
Name & Designation

🔑 MAINS EXAM GOLDEN LINES (USE ANYWHERE)

• “The right under Section 167(2) CrPC is an indefeasible right.”

• “Default bail is a constitutional protection flowing from Article 21.”