ডিফল্ট জামিনের আবেদন

IN THE [court_name] BAIL APPLICATION NO. ________ OF 20____ IN FIR No. [fir_number], Police Station [police_station] Under Sections: [offences_alleged] IN THE MATTER OF: [applicant_name] [applicant_address] ... APPLICANT / ACCUSED VERSUS STATE OF ______________ ... RESPONDENT APPLICATION FOR GRANT OF DEFAULT BAIL UNDER SECTION 187(3) OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 MOST RESPECTFULLY SHOWETH: 1. That the Applicant was arrested on [arrest_date] in connection with FIR No. [fir_number] registered at Police Station [police_station] for offences under [offences_alleged], and has been in custody since that date. 2. Date on which the Magistrate first authorised the detention of the Applicant: [remand_date] 3. That as on the date of this application, a period of [days_elapsed] days has elapsed since the Magistrate first authorised the detention of the Applicant. 4. THE STATUTORY RIGHT 4.1 Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (the successor to Section 167(2) of the Code of Criminal Procedure, 1973) provides that no Magistrate shall authorise detention beyond ninety days where the investigation relates to an offence punishable with death, imprisonment for life, or imprisonment for a term of ten years or more, and beyond sixty days in the case of any other offence. 4.2 On the expiry of that period without the police report having been filed, the accused SHALL be released on bail if he is prepared to and does furnish bail. 4.3 Period applicable to the offences alleged in the present case (60 or 90 days): [applicable_period] 5. That the said period has expired, and to the knowledge of the Applicant the police report under Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has NOT been filed within the prescribed period. 6. That in the above circumstances an indefeasible right to be released on bail has accrued to the Applicant. This right is not a matter of judicial discretion to be weighed on the merits of the accusation. It is a statutory right that arises automatically on the default of the prosecution, and it is a facet of the right to personal liberty guaranteed under Article 21 of the Constitution of India. 7. That the Applicant is ready and willing to furnish bail and to abide by every condition this Hon'ble Court may impose. 8. That the Applicant undertakes to cooperate with the investigation, not to tamper with the evidence, not to influence any witness, and to attend court on every date without fail. 9. That, to the knowledge of the Applicant, no police report has been filed as on the date of this application. The Supreme Court has held in M. Ravindran v. Intelligence Officer, Directorate of Revenue Intelligence (2020) that the right to default bail is availed of when the accused applies for it after the period expires and before the police report is filed, and that a police report filed while such an application is pending does not defeat the right. PRAYER It is therefore most respectfully prayed that this Hon'ble Court may be pleased to: (a) Release the Applicant on default bail under Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 on such terms as this Hon'ble Court may deem fit; (b) Pass such other orders as this Hon'ble Court may deem just and proper. AND FOR THIS ACT OF KINDNESS, THE APPLICANT SHALL EVER PRAY. Place: ______________ Date: [application_date] [applicant_name] APPLICANT Through ______________________ ADVOCATE FOR THE APPLICANT