Default bail application (s.187(3) BNSS)
Bail as of right when the police have not filed the challan within 60 or 90 days of the first remand.
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How the paper begins
With Dastavo's sample details; the people and places are fictional. The words in blue are the ones you fill in.
IN THE COURT OF Judicial Magistrate First Class, Amarnagar
FIR No. 77 of 2026
Versus
APPLICATION FOR DEFAULT BAIL UNDER SECTION 187(3) OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
Respectfully Showeth:
1.That the applicant was arrested in FIR No. 77 dated 01-08-2026 under Sections 318(4) and 61(2) BNS, P.S. City Amarnagar on 03-08-2026, was produced before the Magistrate and first remanded to custody on 04-08-2026, and has remained in custody since then.
2.That the investigation relates to an offence for which the period allowed under Section 187(3) of the Sanhita is sixty days.
3.That this period, counted from the date of the first remand, expired on 02-10-2026, but the investigating agency has not filed the report under Section 193 of the Sanhita (challan) in this Hon'ble Court till today, nor has any order been passed under any law extending the period of investigation.
4.That on the expiry of that period an indefeasible right to be released on bail accrued to the applicant under Section 187(3) of the Sanhita, which is being exercised by this application, filed before any such report.
The rest of the paper is in Dastavo.
What to bring
Papers to bring
- A copy of the FIR
- The arrest memo and the first remand order: its date starts the 60 or 90 days
- The later remand orders, and the court record showing that no challan has been filed till today
- Copies of earlier orders in the case, especially any order refusing bail
- If bail is granted: each surety (one or two, as ordered) with a photo identity proof, proof of address and two passport-size photographs
- The surety's property papers: a recent jamabandi (fard), a house deed, a vehicle's RC or an FD receipt, as the court accepts
Where to go
Filed through an advocate in the Magistrate's court that remands the accused, as soon as the 60 or 90 days end and before the police file the challan.
Fee
Court fee and welfare stamps, where needed, as the court office directs; bail bonds are usually on the court's printed form. Ask the counter for today's amounts. The advocate's fee is separate.
Good to know
- Apply as soon as the period ends: if the challan is filed before you apply, this right is lost. Count the days from the first remand with your advocate.
- Bail on this ground still needs the bonds and sureties the court fixes: keep the sureties and their papers ready, or the accused stays in custody.
- Under some special laws, such as the NDPS Act, the period is longer; the advocate will check which law the FIR is under.
Papers and fees can change. Check with the office before you go. Guidance only, not yet reviewed by a lawyer.
Stamp paper
Court fee and welfare stamps, where needed, are affixed as the court office directs.