Mahesh Singh Chalal v. State of U.P.) arising out of Case Crime No

3. Learned counsel for the applicant submits that applicant was arrested in the present matter on 14.5.2025.

4. He next submits that as per the provisions of Section 187(3) BNSS the investigation of the case should be completed on

14.7.2025 but when till 14.7.2025 no charge sheet was filed then on 17.7.2025 applicant moved an application with the prayer to release him on default bail under Section 187(3) BNSS but his application has been dismissed by the court concerned by the impugned order dated 29.7.2025.

5. He next submits that the impugned order dated 29.7.2025 is wholly illegal and is unsustainable in the eye of law. He further submits that from the impugned order dated 29.7.2025 it reflects that in view of the court concerned as for taking cognizance sanction was necessary and charge sheet has already been filed on

24.7.2025, therefore, applicant was not entitled to be released on default bail.

6. He further submits that view of the court concerned is not in accordance with law.

7.He further submits that law is settled that if before submission of charge sheet after expiry of the period prescribed under Section 187(3) BNSS if an accused had made a prayer to release him on default bail then subsequent submission of charge sheet cannot extinguish his right to release him on default bail.

8. He further submits that investigation of the case and taking cognizance are two different things and even if, court without sanction is not empowered to take cognizance then also if within prescribed time charge sheet could not be filed then accused must be released on default bail, if he makes such prayer before submission of charge sheet and, therefore, the impugned order is liable to be quashed and applicant should be released on default bail under Section 187(3) BNSS.

9. Per contra, learned AGA, however, opposed the prayer but could not dispute the argument advanced by the learned counsel for the applicant. He fairly conceded that as before submission of charge sheet, applicant had already moved an application to release him on default bail, therefore, he should be released on default bail under Section 187(3) BNSS irrespective with the fact that due to non-obtaining of sanction charge sheet could not be filed within stipulated period of time.

10. I have heard learned counsel for the parties and perused the record of the case.

11. The instant application has been filed by the applicant against the impugned order dated 29.7.2025 by which court concerned has dismissed his application to release him on default bail under Section 187(3) BNSS.

12. From the record it reflects that in the present matter as per provisions of Section 187(3) BNSS the prescribed time to submit Police report was going to expire on 14.7.2025 and when till

14.7.2025 no police report was submitted then on 17.7.2025 applicant filed an application to release him on default bail under Section 187(3) BNSS, however, it reflects that subsequently on

24.7.2025 charge sheet has been filed.

13. Law is settled that if charge sheet has not been filed within prescribed time and before submission of charge sheet, accused files application to release him on default bail then even after submission of charge sheet his right to release on default bail cannot be extinguished and Court has no option except to release him on default bail. (See. Constitution Bench of the Apex Court in the case of Sanjay Dutt Vs. State through CBI, Bombay(II) (1994)5 SCC 410).1

14. Further, from the impugned order it reflects, in view of the learned court concerned as present matter related to the provisions of Prevention of Corruption Act, therefore, cognizance could not be taken without sanction and as sanction could not be obtained in time, therefore, charge sheet could not be filed in time and therefore, applicant is not entitled to be enlarged on default bail. The view taken by the court concerned is wholly illegal. The law is settled, if charge-sheet has not been filed within stipulated period then an indefeasible right accrues to an accused to release him on statutory bail irrespective of the fact that what was the reason of non filing of police report within prescribed time.

15. Further, this Court also finds merit in the argument advanced 1 by the learned defence counsel that investigation and taking cognizance are two entirely different things and in case if even without sanction charge-sheet has been filed within time then also an accused cannot claim to be released on default bail. (See: Judgebir Singh @ Jasbir Singh Samra @ Jasbir and others Vs. National Investigation Agency (2023)17 SCC 48). Similarly if due to non receiving of the sanction, if charge sheet has not been filed within prescribed period then right to release on default bail of an accused accrues as soon as prescribed period of time expires and if he before submission of police report makes request to enlarge him on compulsory bail then his prayer must be accepted.

16. Therefore, from the discussions made above, it is apparent that the impugned order dated 29.7.2025 passed by the court concerned is illegal and accordingly is quashed.

17. The instant application is allowed. Applicant is directed to be released on default bail under Section 187(3) BNSS in the aforesaid case on such conditions as court concerned deem fit and proper under the facts and circumstances of the case. Order Date :- 13.8.2025 SKM

3. Learned counsel for the applicant submits that applicant was arrested in the present matter on 14.5.2025.

4. He next submits that as per the provisions of Section 187(3) BNSS the investigation of the case should be completed on

14.7.2025 but when till 14.7.2025 no charge sheet was filed then on 17.7.2025 applicant moved an application with the prayer to release him on default bail under Section 187(3) BNSS but his application has been dismissed by the court concerned by the impugned order dated 29.7.2025.

5. He next submits that the impugned order dated 29.7.2025 is wholly illegal and is unsustainable in the eye of law. He further submits that from the impugned order dated 29.7.2025 it reflects that in view of the court concerned as for taking cognizance sanction was necessary and charge sheet has already been filed on

24.7.2025, therefore, applicant was not entitled to be released on default bail.

6. He further submits that view of the court concerned is not in accordance with law.

7.He further submits that law is settled that if before submission of charge sheet after expiry of the period prescribed under Section 187(3) BNSS if an accused had made a prayer to release him on default bail then subsequent submission of charge sheet cannot extinguish his right to release him on default bail.

8. He further submits that investigation of the case and taking cognizance are two different things and even if, court without sanction is not empowered to take cognizance then also if within prescribed time charge sheet could not be filed then accused must be released on default bail, if he makes such prayer before submission of charge sheet and, therefore, the impugned order is liable to be quashed and applicant should be released on default bail under Section 187(3) BNSS.

9. Per contra, learned AGA, however, opposed the prayer but could not dispute the argument advanced by the learned counsel for the applicant. He fairly conceded that as before submission of charge sheet, applicant had already moved an application to release him on default bail, therefore, he should be released on default bail under Section 187(3) BNSS irrespective with the fact that due to non-obtaining of sanction charge sheet could not be filed within stipulated period of time.

10. I have heard learned counsel for the parties and perused the record of the case.

11. The instant application has been filed by the applicant against the impugned order dated 29.7.2025 by which court concerned has dismissed his application to release him on default bail under Section 187(3) BNSS.

12. From the record it reflects that in the present matter as per provisions of Section 187(3) BNSS the prescribed time to submit Police report was going to expire on 14.7.2025 and when till

14.7.2025 no police report was submitted then on 17.7.2025 applicant filed an application to release him on default bail under Section 187(3) BNSS, however, it reflects that subsequently on

24.7.2025 charge sheet has been filed.

13. Law is settled that if charge sheet has not been filed within prescribed time and before submission of charge sheet, accused files application to release him on default bail then even after submission of charge sheet his right to release on default bail cannot be extinguished and Court has no option except to release him on default bail. (See. Constitution Bench of the Apex Court in the case of Sanjay Dutt Vs. State through CBI, Bombay(II) (1994)5 SCC 410).1

14. Further, from the impugned order it reflects, in view of the learned court concerned as present matter related to the provisions of Prevention of Corruption Act, therefore, cognizance could not be taken without sanction and as sanction could not be obtained in time, therefore, charge sheet could not be filed in time and therefore, applicant is not entitled to be enlarged on default bail. The view taken by the court concerned is wholly illegal. The law is settled, if charge-sheet has not been filed within stipulated period then an indefeasible right accrues to an accused to release him on statutory bail irrespective of the fact that what was the reason of non filing of police report within prescribed time.

15. Further, this Court also finds merit in the argument advanced 1 by the learned defence counsel that investigation and taking cognizance are two entirely different things and in case if even without sanction charge-sheet has been filed within time then also an accused cannot claim to be released on default bail. (See: Judgebir Singh @ Jasbir Singh Samra @ Jasbir and others Vs. National Investigation Agency (2023)17 SCC 48). Similarly if due to non receiving of the sanction, if charge sheet has not been filed within prescribed period then right to release on default bail of an accused accrues as soon as prescribed period of time expires and if he before submission of police report makes request to enlarge him on compulsory bail then his prayer must be accepted.

16. Therefore, from the discussions made above, it is apparent that the impugned order dated 29.7.2025 passed by the court concerned is illegal and accordingly is quashed.

17. The instant application is allowed. Applicant is directed to be released on default bail under Section 187(3) BNSS in the aforesaid case on such conditions as court concerned deem fit and proper under the facts and circumstances of the case. Order Date :- 13.8.2025 SKM