Journal of European Economic History journal thumbnail
Volume:7, Issue: 3
Citations
9 Views
2 Downloads
Share this article
Useful Links
  • Frequently Asked Questions (FAQs)
Journal of European Economic History
2026, Volume:7, Issue: 3 : 609-617 doi: 10.61336/JEEH/23-3-40
Research Article
Default Bail as an Indefeasible Right: The Unresolved Chhabaria–Wadhwan Conflict across NDPS, PMLA and UAPA in the BNSS Era.
 ,
1
Ph.D from School of Law, Sushant University, Gurgaon
2
Associate Professor, School of Law, Sushant University, Gurugram
Received
Sept. 10, 2026
Revised
Sept. 21, 2026
Accepted
Sept. 26, 2026
Published
Oct. 7, 2026
Abstract

Bail, in its ordinary sense, is a mechanism that balances the liberty of an accused person against the State’s interest in ensuring a fair and effective investigation and trial. Indian Criminal Law recognizes several types of bail, including regular bail, anticipatory bail and interim bail, each governed by distinct considerations. Default bail is one such legal safeguard designed to protect individuals from remaining in detention for an extended period before the investigation is completed. This article analyses the conflicting judicial interpretations provided by the Supreme Court of India in Ritu Chhabaria v. Union of India and Kapil Wadhwan v. Central Bureau of Investigation which extends to NDPS Act, 1985, PMLA, 2002 and UAPA, 1967. The judgment of the Chhabaria case states that an incomplete charge sheet will never defeat the statutory right of default bail under Article 21 of the Constitution. However, the judgment of the Wadhwan case restricted the right of default bail by holding that investigation pending against other accused will not be relevant from a legal point of view. This resulted in a lot of confusion in trials and high courts of India. This article critically analyses judicial decisions, statutory provisions to examine the evolving jurisprudence on default bail and the conflicting interpretations adopted by the Supreme Court of India. The issue is partially clarified due to the decisions made by three-judge benches, but there is still ambiguity in this case. The issue of default bail has become confusing in India because of the divergent decisions in the cases of Ritu Chhabaria and Kapil Wadhwan. Even though the case of Chhabaria gives protection to liberty based on incomplete charge sheets, the decision in the case of Wadhwan limits this protection.

 

Keywords
License
Copyright (c) Journal of European Economic History
Creative Commons Attribution License Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 International License.
All papers should be submitted electronically. All submitted manuscripts must be original work that is not under submission at another journal or under consideration for publication in another form, such as a monograph or chapter of a book. Authors of submitted papers are obligated not to submit their paper for publication elsewhere until an editorial decision is rendered on their submission. Further, authors of accepted papers are prohibited from publishing the results in other publications that appear before the paper is published in the Journal unless they receive approval for doing so from the Editor-In-Chief.
J Euro Eco His open access articles are licensed under a Creative Commons Attribution-ShareAlike 4.0 International License. This license lets the audience to give appropriate credit, provide a link to the license, and indicate if changes were made and if they remix, transform, or build upon the material, they must distribute contributions under the same license as the original.
Recommended Articles
Research Article Open Access
A Critical Review of Literature on Scientific Attitude, Scientific Interest, and Problem-Solving Ability among Secondary School Students
2026, Volume:7, Issue: 3 : 590-600
DOI: 10.61336/JEEH/23-3-38
Research Article Open Access
Investors’ perception, satisfaction level and attitude towards Option trading during Festival Time in Karnataka District
2026, Volume:7, Issue: 3 : 601-608
DOI: 10.61336/JEEH/23-3-39
Research Article Open Access
From Lab to Runway: The Role of Synthetic Fuels in Achieving Net-Zero Aviation
2026, Volume:7, Issue: 3 : 482-500
DOI: 10.61336/JEEH/23-3-33
Research Article Open Access
Classroom Management Skills of Prospective Teachers in Tripura: A Study across Gender, and Academic Stream
2026, Volume:7, Issue: 3 : 321-330
DOI: 10.61336/JEEH/23-3-21
© Copyright @Banco di Roma, Unless it otherwise mention
Email: support@unicredit-capitalia.eu