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The right under section 167 (2) CrPC to release on bail on default if chargesheet is not filed within 90 days from the date of first remand is not an absolute indefeasible right. The said right would be lost if chargesheet is filed but not otherwise which means a person has to be released on bail if police has no reason to file the chargesheet under section 167 (2) of CrPC.
The above rule has been enshrined in Pragya Singh Thakur v. State of Maharastra, (2011) SCC 10 445.
Please find the judgment for further reference.