The right of accused to default bail is stated in Section 167(2) of the Criminal Procedure Code. According to this clause, the accused will be freed on default bail if the investigating body fails to submit the chargesheet within the allotted time.
In order to prevent the accused from being imprisoned indefinitely owing to delays in the investigation process, default bail is used. The Indian Constitution’s guarantee of the accused’s right to a quick trial is also upheld by this clause.
In contrast to anticipatory bail, default bail is only given if the investigating authority neglects to submit the chargesheet within the allotted period. On the other hand, anticipatory bail is given where there are good reasons to expect that the accused will be detained for a crime that is cognizable. Another way that default bail differs from typical bail is that it is given without any restrictions. This means that in order to be released on default bail, the accused is not required to post any type of security, pay any fines, or comply with any other requirements.
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