Default Bail in Delhi NCR
Default Bail in Delhi is a legal right granted to an accused when the police fail to complete the investigation and file a chargesheet within the time limit set by law. In such cases, the accused becomes entitled to bail automatically, regardless of the evidence or allegations.
What is Default Bail?
Default bail, also known as statutory bail, is granted under Section 167(2) of the CrPC. If the police do not file the chargesheet within 60 days or 90 days (depending on the offence), the accused gets the right to be released on bail. Delhi courts strictly enforce this right to prevent misuse of prolonged custody.
Time Limits for Default Bail in Delhi
| Offence Type | Chargesheet Filing Limit |
|---|---|
| Normal Offences | 60 days |
| Serious Offences | 90 days |
| NDPS / Special Acts (Some Cases) | May extend depending on law |
Documents Required for Default Bail
| Document | Purpose |
|---|---|
| FIR Copy | Base case details |
| Custody Certificate | Proof of detention period |
| Case Diary (If Available) | Investigation timeline |
| ID Proof of Accused | Verification |
| Surety Details | Required for bail order |
Process of Getting Default Bail in Delhi
1️⃣ Custody Duration Check
Verify if the legal time limit has expired.
2️⃣ Drafting Default Bail Application
Application filed before the Delhi Magistrate or Sessions Court.
3️⃣ Court Hearing
Lawyer argues that custody beyond the limit is illegal.
4️⃣ Bail Grant
Court grants default bail as a matter of right.
Why Default Bail is Important
- Prevents illegal prolonged custody
- Protects constitutional rights
- Ensures timely investigation by police
- Provides immediate release when limits are crossed
Final Summary
Default Bail in Delhi is a powerful legal right available when police do not file the chargesheet within the prescribed time. With proper calculation of custody days and a strong filing, the accused can secure quick release.