Deepak v. State of UP (Default Bail POCSO)
Allahabad High Court2026 SCC OnLine All 1187Bench: J. Rahul Chaturvedi, J. Mohammad Azhar Husain Idrisi
The Allahabad High Court held that the right to default bail under Section 187(2) BNSS (equivalent to the erstwhile Section 167(2) CrPC) is an indefeasible right that cannot be defeated by the filing of an incomplete charge sheet. The Court held that a charge sheet is "complete" for the purpose of Section 187(2) BNSS when it contains all the material documents required to make a prima facie case — the IO report, key witness statements, medical evidence, and forensic evidence that are in the possession of the investigating agency. Filing a "paper charge sheet" without essential annexed documents, as a stratagem to defeat the default bail right, is not permissible. The accused was granted default bail subject to conditions. The Court distinguished the severity of the POCSO offence from the statutory right — the legislature had chosen not to exclude POCSO from the default bail mechanism under the BNSS.