Default Bail Can Be Granted Even If Application Is Filed Under Regular Bail Provisions: Bombay High Court Grants Bail In NDPS Case

Justice M.M. Nerlikar was hearing a bail application filed by the accused in connection with Crime registered under Sections 8(c), 22(c) and 29 of the NDPS Act. The applicant was arrested after recovery of Mephedrone from a vehicle and sought release on bail, contending that the charge sheet was filed without the Chemical Analysis report. The State opposed the application, contending that the accused could not claim default bail in an application filed under Section 439 CrPC/Section 483 BNSS and that the rigour of the NDPS Act applied.

The Court first considered whether an application filed under regular bail provisions could be treated as one seeking default bail. It noted that although the application was not expressly filed under Section 167(2) CrPC/Section 187(3) BNSS, the applicant had specifically pleaded that the charge-sheet was incomplete due to the absence of the Chemical Analysis report. Relying on precedents, the Court held that even an oral or implied request is sufficient and the Court must not adopt a technical approach where personal liberty is involved.

“… even if the bail application under Section 483 of the BNSS /Section 439 of the Code of Criminal Procedure is preferred for claiming bail under Section 187(3) of the BNSS/Section 167[2] of the Code of Criminal Procedure, the same would be maintainable,” the Court observed.

The Court noted that the charge-sheet was filed on 21.01.2026 without including the Chemical Analysis report, though the report had already been received by the police on 16.12.2025. It further observed that the report was later placed on record without filing a supplementary charge-sheet, which was not in accordance with proper procedure.

The Court referred to observations of the Supreme Court in Jabir Kha VS State of Madhya Pradesh, where filing of a charge-sheet without FSL report and subsequent tendering of the report was viewed as a “strange procedure”. Hence, it observed that the trial Court ought not to have accepted the said Chemical Analysis report. It was the duty of the investigating officer to tender the same along with the supplementary charge-sheet

The Court also noted that the issue of whether such a charge-sheet is incomplete is pending consideration before a larger bench of the Supreme Court, and interim bail has been granted in similar cases.

Accordingly, the High Court allowed the bail application and directed the release of the applicant on regular bail subject to conditions, including furnishing a bond and ensuring attendance during the trial.

Case Title: Ashish Prakash Walke vs. State of Maharashtra [Criminal Application (BA) No. 376 of 2026]

Case Title: 2026 LiveLaw (Bom) 214