Default Bail Application

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 ... 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 continuous judicial custody since that date. 2. That the Magistrate first authorised the remand of the Applicant on [remand_date]. 3. That as on the date of this application, a period of [days_elapsed] days has elapsed. 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, the accused SHALL be released on bail if he is prepared to and does furnish bail. 4.3 The period applicable to the offences alleged in the present case is [applicable_period] days. 5. That the said period has expired, and the investigating agency has FAILED to file the police report under Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023 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 this application is being made before the filing of the police report, and the right claimed has not been extinguished. 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 CRITICAL TIMING NOTE The right to default bail is lost the moment the charge sheet is filed. The application must be made, and the accused must be prepared to furnish bail, BEFORE the police report reaches the court. An accused who waits after the period expires may find the right extinguished by a charge sheet filed in the interim. Certain special statutes — including the Unlawful Activities (Prevention) Act, 1967, the Narcotic Drugs and Psychotropic Substances Act, 1985, and the Prevention of Money Laundering Act, 2002 — extend these periods or impose additional conditions. Verify the position under the specific statute involved.