ase: Shaurya Sunil Kumar Singh v. Central Bureau of Investigation
Citation: 2026 INSC 666 | Criminal Appeal arising out of SLP (Crl.) No. 4333 of 2026 | Decided on 01.07.2026.
Headnotes
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Bharatiya Nagarik Suraksha Sanhita, 2023—Section 187(3)—Default Bail—Scope.
The indefeasible right to default bail arises only upon failure of the investigating agency to file the police report/charge-sheet within the prescribed period of sixty or ninety days. Once a charge-sheet complying with Section 193(3) BNSS is filed within the statutory period, the right to default bail stands extinguished. (Paras 19–23, 26) -
BNSS—Section 193(8)—Non-filing of additional copies of charge-sheet—Effect.
Failure to file additional indexed copies of the police report and accompanying documents as contemplated under Section 193(8) BNSS does not invalidate the charge-sheet and does not confer any right to default bail under Section 187(3) BNSS. (Paras 21–25, 27) -
BNSS—Sections 193(3), 193(8) and 230—Construction.
Section 193(3) prescribes the essential contents of the police report; Section 193(8) requires filing of additional copies for supply to the accused; and Section 230 fixes the timeline for furnishing copies. Non-compliance with Section 193(8) or delay in supplying copies under Section 230 does not equate to non-filing of the police report for the purpose of default bail. (Paras 17–23) -
Default Bail—Right under Article 21—Nature.
The right to default bail is an indefeasible statutory right flowing from Article 21 of the Constitution. However, the right is conditional and survives only until a valid police report is filed within the prescribed statutory period. (Paras 20–23) -
Charge-sheet—Incomplete filing of documents—Effect.
Even where all documents relied upon by the prosecution do not accompany the charge-sheet, the police report is not rendered invalid. Such omission neither vitiates the charge-sheet nor revives the right to default bail. (Paras 22–25) -
Interpretation of procedural provisions—Section 193(8) BNSS.
The requirement to furnish additional copies of the police report under Section 193(8) BNSS is procedural and cannot be construed so as to enlarge the scope of Section 187(3) BNSS relating to default bail. (Paras 23–25) -
Default Bail—Cognizance taken—Effect.
Where a charge-sheet complying with Section 193(3) BNSS has been filed within limitation and cognizance has been taken by the competent court, the accused cannot seek default bail on the ground that copies of the charge-sheet were supplied subsequently. (Paras 26–27) -
Default Bail and Regular Bail—Distinct considerations.
Consideration of default bail is independent of the merits of the prosecution case. Rejection of default bail does not preclude the accused from seeking regular bail, which must be considered independently on its own merits. (Para 28)
Cases Referred
- Saravanan v. State — right to default bail under Article 21. (Para 20)
- Fakhrey Alam v. State of Uttar Pradesh — default bail as an indefeasible right. (Para 20)
- State v. T. Gangi Reddy — object of default bail. (Para 20)
- Suresh Kumar Bhikamchand Jain v. State of Maharashtra — right ceases on filing of charge-sheet. (Para 20)
- SFIO v. Rahul Modi — filing of charge-sheet extinguishes default bail. (Para 20)
- Rakesh Kumar Paul v. State of Assam — application for default bail may be oral. (Para 20)
- Bikramjit Singh v. State of Punjab — liberal approach in matters of personal liberty. (Para 20)
- Judgebir Singh v. National Investigation Agency — filing of police report extinguishes right to default bail. (Para 21)
- Central Bureau of Investigation v. Kapil Wadhawan — non-filing of all documents does not invalidate charge-sheet. (Para 22)
- Central Bureau of Investigation v. R.S. Pai — requirement to file supporting documents is directory. (Para 24)
- Narendra Kumar Amin v. Central Bureau of Investigation — filing of police report complying with statutory requirements defeats claim for default bail. (Para 25)
