Bharatiya Nagarik Suraksha Sanhita, 2023 — S. 187(3) — Default Bail — Scope — Filing of charge-sheet within statutory period — Effect of non-filing of additional copies of charge-sheet under S. 193(8). The indefeasible right to default bail arises only when the charge-sheet itself is not filed within the prescribed period of 60/90 days. Once a charge-sheet complying with the requirements of S. 193(3) BNSS is filed within limitation, the right to default bail stands extinguished. Mere non-filing of additional copies of the police report and documents required under S. 193(8) BNSS does not confer a right to default bail. (Paras 19, 21–27).

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APEX COURT 

A) Bharatiya Nagarik Suraksha Sanhita, 2023 — S. 187(3) — Default Bail — Scope — Filing of charge-sheet within statutory period — Effect of non-filing of additional copies of charge-sheet under S. 193(8).
The indefeasible right to default bail arises only when the charge-sheet itself is not filed within the prescribed period of 60/90 days. Once a charge-sheet complying with the requirements of S. 193(3) BNSS is filed within limitation, the right to default bail stands extinguished. Mere non-filing of additional copies of the police report and documents required under S. 193(8) BNSS does not confer a right to default bail. (Paras 19, 21–27).

(B) Bharatiya Nagarik Suraksha Sanhita, 2023 — Ss. 193(3), 193(8), 230 and 187(3) — Charge-sheet — Additional copies for supply to accused — Nature of requirement.
Section 193(8) requiring submission of additional copies of the police report for supply to the accused is procedural. Non-compliance therewith does not invalidate or vitiate the charge-sheet already filed in accordance with S. 193(3), nor can it be equated with non-filing of the charge-sheet for the purpose of claiming default bail under S. 187(3). (Paras 17–19, 23–25).

(C) Bharatiya Nagarik Suraksha Sanhita, 2023 — S. 230 — Supply of police report and documents — Fourteen-day period — Effect of breach.
The requirement of supplying copies of the police report and allied documents to the accused within fourteen days under S. 230 is distinct from the statutory right to default bail. Delay in supplying such copies may invite appropriate procedural remedies, but does not create an entitlement to default bail once the charge-sheet has been filed within the prescribed period. (Paras 18–19, 23, 26–27).

(D) Criminal Procedure — Default Bail — Nature of right.
Default bail is an indefeasible right flowing from Article 21 of the Constitution. However, it is a right available only till the filing of a valid charge-sheet within the statutory period. It is not a bail on merits and ceases upon timely filing of the police report. (Paras 20–23).

(E) Criminal Procedure — Charge-sheet — Non-filing of supporting documents — Effect.
Even where all supporting documents are not filed along with the charge-sheet, the charge-sheet is not rendered incomplete or invalid. The investigating agency may produce additional documents subsequently with the permission of the Court. Such omission does not revive or create a right to default bail. (Paras 22–25).

(F) Criminal Procedure — Regular Bail — Consideration independent of default bail.
Rejection of a claim for default bail does not preclude consideration of an application for regular bail. Such application must be decided independently on its own merits and uninfluenced by observations made while deciding the issue of default bail. (Para 28).