Case Note & Summary
The case arose from a writ petition under Articles 226 and 227 of the Constitution of India and Section 528 of the BNSS, challenging orders denying default bail to the petitioner in a POCSO case. The petitioner, accused of offences under Sections 64 and 108 of the BNS, Sections 3(2)(v-a) and 3(1)(w)(ii) of the SC/ST Act, and Sections 3, 4, 5(j)(ii), (l) and 6 of the POCSO Act, was arrested on 14-10-2025 and remanded to judicial custody on 15-10-2025. The allegations involved a physical relationship with a minor who later committed suicide. On 17-12-2025, the petitioner sought default bail under Sections 187(3)(ii) and 193 of the BNSS, contending that the charge sheet was not filed within 60 days. The trial court rejected this on 23-12-2025, holding that the applicable period was 90 days under Section 187(3)(i) BNSS because the offences carried a punishment of 10 years or more. The charge sheet was filed on the 84th day on 07-01-2026, and the petitioner again applied for default bail arguing it was incomplete, which was also rejected on 27-01-2026. The petitioner argued that Section 193(2) BNSS mandates filing of charge sheet within 60 days for POCSO offences, and non-compliance entitled him to default bail, while the prosecution maintained that the 90-day period under Section 187(3)(i) controls. The High Court framed two issues: whether non-completion of investigation within 60 days under Section 193(2) entitles an accused to statutory bail, and whether an incomplete charge sheet can grant such a right. The judgment text ends abruptly before any decision is rendered, leaving the outcome unknown.
Headnote
A) Criminal Procedure - Default Bail - Scope of Section 193(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 - Whether non-completion of investigation within 60 days entitles accused to statutory bail - Accused arrested for POCSO and BNS offences filed application for default bail claiming that charge sheet not filed within 60 days as provided under Section 193(2) BNSS; trial court rejected stating that for offences punishable with imprisonment of 10 years or more, the period for filing charge sheet is 90 days under Section 187(3)(i) BNSS - The High Court considered the interplay between Section 193(2) and Section 187(3) BNSS to determine if the accused could claim default bail before expiry of 90 days when charge sheet is not filed within 60 days, but the judgment is incomplete and no final ruling is available (Paras 7-8). B) Criminal Procedure - Defective/Incomplete Charge Sheet - Right to Default Bail - Whether filing of an incomplete charge sheet without FSL report, DNA report, etc. clothes the accused with a right to statutory bail - Accused contended that the charge sheet filed on the 84th day was grossly incomplete, lacking vital forensic evidence, and thus should be considered as no charge sheet, entitling him to default bail; prosecution argued that a defective charge sheet does not extinguish the investigation or entitle the accused to statutory bail - The High Court framed this as an issue but did not reach a conclusion due to incomplete judgment (Paras 5-7).
Issue of Consideration
Whether non-completion of investigation within 60 days under Section 193(2) of the BNSS entitles an accused to statutory bail; whether the filing of an allegedly incomplete charge sheet can clothe the accused with a right to grant of statutory bail.
Law Points
- statutory bail under Section 193(2) BNSS
- interplay of Sections 187 and 193 BNSS
- right to default bail for POCSO accused
- incomplete charge sheet and default bail
- timeline for filing charge sheet in POCSO cases
