application / procedural template

Statutory Default Bail Application (§ 187 BNSS)

Mandatory default bail application when investigation agency fails to file chargesheet within 60 or 90 days.

This public draft is for civic rights literacy and procedural orientation. Have a qualified advocate review the facts, law, and filing requirements before use.

Template text

IN THE COURT OF THE JUDICIAL MAGISTRATE AT [INSERT DISTRICT]
APPLICATION FOR DEFAULT BAIL UNDER SECTION 187(3) OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

IN THE MATTER OF:
[Insert Accused Name] ... APPLICANT
VERSUS
STATE ... RESPONDENT

1. The Applicant was arrested on [Insert Date of First Remand].
2. The statutory period of [60 / 90 days] expired on [Insert Expiry Date].
3. As of today's date, no police report / chargesheet under Section 193 BNSS has been filed by the investigating agency.
4. The right to default bail is an indefeasible fundamental right under Article 21 (Bikramjit Singh v. State of Punjab).
5. The Applicant is ready and willing to furnish solvent sureties.

PRAYER:
Release the Applicant on default bail immediately under Section 187(3) BNSS.

Advocate for Applicant

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