Default bail right accrues on filing after the statutory period, and later chargesheet cannot defeat it.

The right to default bail under Section 167(2) CrPC, read with Section 36A(4) of the NDPS Act, accrues once the prescribed investigation period expires and the accused applies for bail while ready to furnish sureties. That right is treated as part of Article 21 protection of personal liberty. A later complaint or chargesheet cannot defeat an accrued default-bail right, and the decisive moment is the filing of the bail application, not its later disposal. On the stated analysis, the subsequent complaint did not extinguish the accrued right, and cancellation of bail could not be sustained.

---

---

Issues: Whether the right to default bail under Section 167(2) of the Code of Criminal Procedure, 1973 read with Section 36A(4) of the Narcotic Drugs and Psychotropic Substances Act, 1985 is defeated by a subsequent complaint or chargesheet filed after the accused has applied for bail, and whether the date of filing of the bail application or the date of its disposal is decisive.

Analysis: The proviso to Section 167(2) confers an indefeasible right to release on bail once the prescribed period for investigation expires, subject to the accused being prepared to furnish bail. That right is part of the protection of personal liberty under Article 21 of the Constitution of India. The applicable special regime under Section 36A(4) of the NDPS Act extends the period to 180 days, but does not alter the principle that once the accused applies for default bail after expiry of that period, the prosecution cannot defeat the accrued right by filing a subsequent complaint or seeking to rely on the pendency of the application. The accused is treated as having availed of the right when the application is filed and readiness to furnish bail is expressed, and the relevant time is the time of filing, not the later time of disposal.

Conclusion: The subsequent filing of the additional complaint did not extinguish the accused's accrued right to default bail, and the order cancelling bail could not stand.

---