Made under: BNSS s.187(3) (CrPC s.167(2))
Application for default bail — s.187(3) BNSS (s.167(2) CrPC)
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Exactly as written — '318(4), 61(2) BNS'.
The day the Magistrate first ordered custody. That day counts as day one.
Write it in the order it happened. Do not guess at anything you cannot remember.
The document
In the Court of the Learned Judicial Magistrate First Class / Chief Judicial Magistrate, ________________
Bail Application No. ................ of ................
________________ ...... Applicant / Accused
versus
The State, through the Station House Officer, Police Station ________________ ...... Respondent
FIR No. ________________ dated ________________, Police Station ________________
Sections: ipc-1860:440
APPLICATION FOR DEFAULT BAIL UNDER SECTION 187(3) OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 [SECTION 167(2) CrPC]
Made under: Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 [formerly the proviso to Section 167(2) of the Code of Criminal Procedure, 1973, for cases pending on 1 July 2024]; Article 21 of the Constitution.
(To be filed through counsel, or by the accused from custody through the jail.)
The applicant respectfully submits:
1. The applicant was arrested in the above FIR and was first remanded to custody by this Court on ________________. That day counts as the first day of custody.
2. The offences alleged are punishable with: (strike out what does not apply)
— death, imprisonment for life, or imprisonment for ten years or more: the period is ninety days;
— any other term: the period is sixty days.
3. That period has expired. No police report under Section 193 BNSS [Section 173 CrPC] has been filed in this Court to date.
4. On the expiry of that period the applicant has an indefeasible right to be released on bail under Section 187(3), and is prepared to and does hereby offer to furnish bail. The right is enforceable once this application is made, before any charge-sheet is filed (M. Ravindran v. Intelligence Officer, DRI, (2021) 2 SCC 485; Bikramjit Singh v. State of Punjab, (2020) 10 SCC 616). An incomplete charge-sheet filed only to defeat the right does not defeat it.
5. Additional facts:
________________
PRAYER: It is prayed that the applicant be released on bail under Section 187(3) BNSS [Section 167(2) CrPC] on such terms as this Court thinks fit, the applicant being ready to furnish bail today.
Applicant / through counsel
________________
Place: ________________
Date: ________________What to attach
- A copy of the first remand order — the count runs from its date.
- A copy of the FIR, so the sections show whether the period is 60 or 90 days.
- File it on the day the period runs out — if the charge-sheet comes first, the right is lost.
- Have sureties ready. For a free lawyer, contact the jail legal aid clinic or the DLSA.