Court Rules Charge-sheet Not Incomplete Despite Ongoing Investigation for Links with Slain Terrorists; Appellants' Right to Default Bail Under UAPA and BNSS Denied
In a significant judgment dated October 21, 2026, the Jammu and Kashmir High Court (Division Bench comprising Justices Sanjeev Kumar and Yash Paul Bourney) dismissed an appeal filed by Raiz and others, accused under stringent terror laws, seeking default bail in a case registered under the Unlawful Activities (Prevention) Act, 1967 (UAPA) and related statutes.
The appellants had challenged the trial court's refusal to grant default bail under Section 43-D(2)(a) of the UAPA read with Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), claiming that the charge-sheet filed was incomplete. They argued that since the charge-sheet acknowledged ongoing investigation to establish their links with slain or absconding terrorists and involvement in other terror incidents, the investigation was not complete and hence, their right to default bail had accrued.
The High Court thoroughly examined the facts and the charge-sheet filed on October 25, 2025, in relation to FIR No. 61/2025. It noted that although the charge-sheet mentioned continuing investigation into certain aspects, the offences against the accused had been established based on substantial oral, electronic, forensic evidence, witness statements, and call data records (CDRs). The Court emphasized that the mere mention of further investigation or the prospect of a supplementary charge-sheet does not render the charge-sheet incomplete if the investigation concerning the accused and the offences alleged against them stands complete.
The Court relied on the Supreme Court's ruling in Ritu Chhabaria v. Union of India (2023 LiveLaw (SC) 352), which clarified that a charge-sheet cannot be filed prematurely just to defeat the right to default bail and that such right flows from Article 21 of the Constitution. However, applying these principles to the present facts, the High Court found no evidence that the charge-sheet was filed to circumvent the accused's right to default bail. The investigation vis-a-vis the accused was complete and established their involvement in offences punishable under Sections 13, 16, 18, 23, 38, and 39 of the UAPA, along with Sections 61(2), 103, 109, 147, 149, and 249 of the BNSS, and relevant provisions of the Explosive Substances Act and Arms Act.
Moreover, on merits, the Court concurred with the trial court's finding that the appellants were not entitled to bail given the gravity of the offences and the incriminating evidence on record.
The judgment reiterates the delicate balance between the fundamental right to liberty and the need to effectively investigate and prosecute terrorism-related offences, recognizing that once the investigation against the accused is complete and offences are established, the right to default bail does not automatically arise merely because some aspects of investigation continue.
The High Court's decision serves as a precedent in addressing claims of default bail under special terror laws and the BNSS when charge-sheets mention ongoing investigations but establish offences against the accused conclusively.
Bottom Line:
Default bail under Section 43-D(2)(a) of the UAPA read with Section 187 BNSS cannot be claimed merely because the charge-sheet states that investigation on some further aspects is continuing, when investigation is complete qua the accused and offences alleged against them stand established on the material collected; filing of a charge-sheet after completion of investigation regarding involvement of accused defeats claim for default bail.
Statutory provision(s): Unlawful Activities (Prevention) Act, 1967 Section 43-D(2)(a), National Investigation Agency Act, 2008 Section 21, Bharatiya Nagarik Suraksha Sanhita, 2023 Section 187, Criminal Procedure Code, 1973 Section 167(2), Constitution of India Article 21, Explosive Substances Act Sections 3/4/5, Arms Act Sections 7/27
Raiz v. Union Territory of J&K, (J&K and Ladakh)(DB) : Law Finder Doc Id # 3001134
