Default Bail Cannot Be Denied To Accused Just Because He Filed Application U/S 439 Instead of 167(2) CrPC : Delhi High Court

In a landmark ruling, the Delhi High Court has granted bail in a case where the accused was prepared to furnish bail and comply with the conditions under Section 167(2) of the Code of Criminal Procedure (CrPC) but had submitted his application under Section 439 CrPC. The court held that in the instant case, although the accused had submitted his application for bail under Section 439 CrPC, he had ‘indicated’ as required under the Proviso(a) to Section 167(2) of CrPC that he was prepared to furnish bail, and therefore “in substance, the said condition is met”.