Sample draft of Default Bail Application under Section 187(3) BNSS 2023

Section 187 of BNSS provides the procedure when an investigation cannot be completed within 24 hours. In such a case, the police officer not below the rank of sub-inspector will forward the accused to the nearest magistrate along with their case diary. The nearest magistrate, if he considers detention necessary, may authorise such detention as he thinks fit. The 90-day detention is provided for offences punishable with more than 10 years, death or life imprisonment, and 60 days is for any other offences. Default bail is granted after this period expires. Any bail granted here will be deemed to be bail granted under chapter 35.

In this article, we will see a sample application for default bail.

IN THE COURT OF THE LEARNED [JUDICIAL MAGISTRATE/SPECIAL JUDGE], [PLACE]

Bail Application No. ____ of 2026

In the matter of:

[NAME OF ACCUSED],
S/o [FATHER’S NAME],
Resident of [ADDRESS]
                                                                                                           …Applicant/Accused

Versus

The State of [STATE]
                                                                                                           …Opposite Party

APPLICATION ON BEHALF OF THE APPLICANT/ACCUSED SEEKING RELEASE ON DEFAULT/STATUTORY BAIL UNDER SECTION 187(3) OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

MOST RESPECTFULLY SHOWETH:

1. That the present application is being preferred by the Applicant/Accused seeking his release on default/statutory bail under Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with [FIR/Case No.] dated [DATE], registered at Police Station [NAME], District [DISTRICT], for the alleged offences punishable under Sections [SECTIONS].
2. That the Applicant was arrested on [DATE OF ARREST] and was first produced before the learned Magistrate on [DATE OF FIRST REMAND], on which date the learned Court authorised his detention.
3. That the statutory period prescribed under Section 187(3) BNSS commenced from the date of the first judicial authorisation of remand.
4. That the alleged offences fall within the category attracting a statutory period of [60/90] days, as the maximum punishment prescribed for the alleged offences is [DETAILS OF PUNISHMENT].
5. That the prescribed statutory period of [60/90] days expired on [DATE].
6. That despite expiry of the statutory period, the Investigating Agency had failed to complete the investigation and file the police report/charge-sheet within the prescribed statutory period.
7. That consequently, upon expiry of the statutory period, an indefeasible right accrued in favour of the Applicant to seek release on default/statutory bail, subject to his readiness and willingness to furnish the requisite bail bonds and sureties.
8. That the Hon’ble Supreme Court has repeatedly recognised that default bail is a statutory right flowing from the constitutional protection of personal liberty under Article 21 of the Constitution of India. The Supreme Court has recently reiterated that Section 187(3) BNSS and Section 167(2) CrPC substantially embody the same statutory principle.
9. That the right to default bail is not dependent upon an examination of the merits of the allegations. The object of the provision is to ensure that the investigating agency completes its investigation within the period prescribed by law and that an accused is not subjected to indefinite detention merely because the investigation remains incomplete.
10. That the Applicant has throughout remained ready and willing to furnish bail bonds and sureties to the satisfaction of this Hon’ble Court and undertakes to comply with all conditions imposed by this Hon’ble Court.
11. That [IF APPLICABLE] the Applicant has already invoked his statutory right to default bail before filing of the charge-sheet/final report. Therefore, any subsequent filing of the charge-sheet cannot defeat the right which had already accrued in favour of the Applicant.
12. That [IF APPLICABLE] any application seeking extension of the statutory period was not filed/granted in accordance with the mandatory requirements of law and without adequate judicial consideration. Any extension affecting the Applicant’s personal liberty must satisfy the requirements laid down by the Hon’ble Supreme Court.
13. That the Applicant undertakes to appear before this Hon’ble Court on every date fixed in the matter; not to tamper with the prosecution evidence; not to influence or threaten any witness; not to commit any offence during the period of bail; and to comply with any other condition imposed by this Hon’ble Court.
14. That the Applicant is therefore entitled to be released on default/statutory bail under Section 187(3) BNSS.

GROUNDS

A. Because the statutory period prescribed under Section 187(3) BNSS has expired.

B. Because the Investigating Agency failed to file the charge-sheet/final report within the prescribed statutory period.

C. Because the Applicant has acquired an indefeasible right to default/statutory bail upon expiry of the prescribed period.

D. Because the right to default bail is connected with the fundamental right to personal liberty guaranteed under Article 21 of the Constitution.

E. Because the entitlement to default bail is independent of the merits of the prosecution case.

F. Because the Applicant is ready and willing to furnish the requisite bail bonds and sureties.

G. Because continued detention after accrual of the statutory right, in the absence of a legally valid extension where such extension is permissible, would be contrary to the statutory scheme governing detention during investigation.

PRAYER

In view of the facts and circumstances stated hereinabove, it is most respectfully prayed that this Hon’ble Court may graciously be pleased to:

a. Release the Applicant/Accused, [NAME], on default/statutory bail under Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with [FIR/CASE NO.], Police Station [NAME], District [DISTRICT];

b. Accept the bail bonds and sureties furnished by the Applicant to the satisfaction of this Hon’ble Court; and

c. Pass any other order(s) which this Hon’ble Court may deem fit and proper in the interest of justice.

AND FOR THIS ACT OF KINDNESS, THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.

Attach an affidavit along with Vakalatnama.