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Statutory bail/default bail can be sought only under Section 187 of the BNSS and non-filing of the charge sheet under Section 193(2) cannot mean that the accused would be entitled to seek statutory bail, even for offences which are punishable with imprisonment of 10 years or more and the prosecution's period of investigation is 90 days.

13. It becomes apposite to refer to the judgment of the Division Bench of this Court in HANUMANTHA MOGAVEERA v.

The Division Bench clearly holds that no right is envisaged under the provisions of the Act - POCSO Act and it is not only in the interest of the accused for completion of investigation within a time frame, but is in the interest of the victim child also. The accused cannot enforce the right to be released on bail.

14. If the observations of the Division Bench are paraphrased to the case at hand as well, what would unmistakably emerge is, that the petitioner cannot place reliance upon Section 193(2) of the BNSS to contend that he is entitled to a statutory bail, if the investigation is not complete within 60 days as obtaining under Section 193(2). The jurisprudence consistently underscores that timelines under special statutes like the POCSO Act, are victim centric, intended to ensure swift justice, not to furnish escape routes for the accused. Thus, the issue must be answered in the negative. The petitioner cannot draw sustenance from Section 193(2) of the BNSS to claim statutory bail.

18. In the light of the judgment of the Apex Court and this Bench as quoted supra, mere filing of an incomplete charge sheet or the post-script in a charge sheet by reserving a right to file supplementary charge sheet, cannot mean that the accused can be released on grant of statutory bail. The High Court of Delhi, in a later judgment, in YASH MISHRA v. STATE OF NCT OF DELHI7 2025 SCC OnLine Del.5684 considers the issue regarding whether further investigation under Section 193(9) of the BNSS camouflages the right of the accused to statutory bail and holds as follows:

(ii) Section 193(2) of the BNSS which mandates filing of charge sheet within 60 days for certain offences cannot mean that it can be made use of by the accused seeking statutory/default bail. It is for the purpose of completion of investigation in offences of rape and POCSO. It is at best for the benefit of the victim and cannot mean the accused can take benefit to seek enlargement on bail.

(iii) The filing of charge sheet without accompanying reports as those from the FSL or the CDR does not denude it of its character as a final report in the eye of law nor does it revive or confer upon the accused, a right to claim statutory bail.