The Allahabad High Court dismissed a PIL filed seeking declaration that a rape accused may seek ‘Default Bail’, in case a chargesheet is not filed against him within two months of lodging of FIR.
The Division Bench of Justice Manoj Misra and Justice Vikas Budhwar passed this order while hearing a PIL filed by Vaibhav Kumar Pandey and Another.
The prayer in the P.I.L is as follows: –
“(i) Issue an appropriate writ, order or direction to declare that an accused under sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB and 376E of IPC may seek ‘ Default Bail’, upon failure of investigating authorities to file chargesheet within two months of lodging of First Information Report.
(ii) To issue any other writ or direction which the Court may deem fit and proper in the circumstances of the case.
(iii) To award the costs in favour of the petitioner.”
“Such a prayer need not be addressed in a public interest litigation as the person who seeks a default bail may do so by applying to the court concerned and if such benefit is not accorded he may take recourse to appropriate remedy before higher court”, the Court said while dismissing the PIL.