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MANMOHAN, DIPANKAR DATTA
Anuj – Appellant
Versus
State Of Uttar Pradesh – Respondent
| Table of Content |
|---|
| 1. appellant's bail application status (Para 2 , 3 , 5) |
| 2. counsels' arguments regarding bail (Para 4 , 7) |
| 3. considerations for granting bail (Para 9 , 10) |
| 4. court's order and conditions for bail (Para 11 , 12 , 13 , 14) |
| 5. conclusion and disposal of the appeal (Para 15 , 16) |
ORDER :
1. Leave granted.
2. The High Court of Judicature at Allahabad High Court by the impugned judgment and order dated 23rd August, 2024 has rejected the appellant's prayer for bail.
3. The appellant, figuring as an accused in FIR No.0873 of 2021 dated 19th September, 2021, registered at Police Station-Masuri, District-Ghaziabad under Sections 147 , 148, 149, 323 and 307 of the INDIAN PENAL CODE , 1860, as well as connected FIR No.913 of 2021 dated 05th October, 2021 for offences punishable under Sections 3 and 25 of the ARMS ACT , 1959, has been in custody since 24th September, 2021. A gunshot injury is attributed to the appellant.
4. We have heard Mr. Davesh Bhatia, learned counsel appearing for the appellant, Dr. Vijendra Singh, learned counsel appearing for the respondents 1, 2 & 3 as well as Mr. Shubham Singh, learned counsel appearing for the respondent no.4.
5. It is not in dispute that the
The right to a speedy trial is a fundamental right under Article 21, and inordinate delays can justify bail, irrespective of the seriousness of the charges.
The court held that prolonged pre-trial detention without substantial new allegations warrants bail, upholding the principle of the right to a speedy trial.
The right to a speedy trial is a constitutional guarantee, and prolonged detention without trial can justify bail, regardless of prior criminal antecedents.
Prolonged pre-trial detention without expeditious trial violates Article 21, entitling accused to bail despite prior rejection, if material trial delays or changed circumstances exist.
The right to a speedy trial is fundamental, and prolonged detention without trial justifies bail, even with prior convictions.
Bail is a rule and jail is an exception; prolonged incarceration without trial violates the right to personal liberty and speedy trial.
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