The right to a speedy trial is fundamental, but the seriousness of the charges and evidence against the accused must also be considered in bail applications.

JUDGMENT :

MADHAV J. JAMDAR, J.

1. Heard Mr. Kanchanpurkar, learned Counsel for the Applicant and Ms. Bhosale, learned APP for the Respondent – State.

2. This is a second Bail Application. The first Bail Application bearing Criminal Bail Application No.56 of 2024 had been allowed to be withdrawn with liberty to file a fresh Application after a reasonable period in case there is no substantial progress in the trial. The said order has been passed on 8^th January 2024. The present Bail Application has been filed on 18^th November 2024.

3. The relevant details are as under :-

4. It is the submission of Mr. Kanchanpurkar, learned Counsel appearing for the Applicant that although the Applicant is incarcerated for about 3 years, there is no progress in the trial. He submits that therefore as there is violation of the fundamental right of the Applicant of speedy trial the Applicant be released on bail.

5. Mr. Kanchanpurkar, learned Counsel appearing for the Applicant also pointed out various statements and material on record and submitted that Applicant is not involved in the crime and therefore, bail be granted.

6. On the other hand, it is the submission of Ms. Bhosale, learned APP and Mr. Vivek Arote, learned Counsel for the Respondent No.2 that the offence is very serious where the victim has been subjected to a ‘Gang Rape’ by the Applicant and three other co-accused. It is submitted that the material on record including the medical evidence supports the prosecution case and therefore, the Bail Application be rejected.

7. Ms. Bhosale, learned APP submitted that charge has been framed on 5^th February 2025 by the learned Additional Sessions Judge, Palghar in Sessions Case No.56 of 2022 and the State of Maharashtra will take effective steps for expediting the trial and to complete the same within time bound period.

8. In this Bail Application Mr. Vikas Sampat Naik, Sub-Divisional Police Officer, presently attached to Boisar Sub- Division, District- Palghar has filed detailed affidavit-in-reply dated 11^th December 2024 and also filed additional affidavit dated 11^th February 2025 and opposed the Bail Application.

9. The prosecution case is set out in Paragraph No.3 of the said affidavit dated 11^th December 2024. The said Paragraph No.3 reads as under :-

“3. I say that the prosecution case in brief is as under:-

(a) That the Informant who is victim in the aforesaid matter lodged report at Boisar Police Station inter alia stating therein that the marriage of victim was fixed to one Ajay Kashinath Bhoir since last five months and their marriage was fixed in the month of April, 2022.

(b) It is the case of the informant that on 06.03.2022 at about 5.00 p.m. in the evening, the said Ajay Kashinath Bhoir contacted the victim over phone and told her that in his Pada i.c. Pavshetpada, Mahagaon, a marriage of Ravi Martend Wavare is to be solemnized and for that purpose, the said Ajay K. Bhoir invited the informant, hence, the victim told the said fact to her mother and she came at 7.00 p.m. on 06.03.2022 at Pavshetpada, Mahagaon in order to attend the marriage function of said Ravi Martend Wavare as per the directions of said Ajay K. Bhoir.

(c) It is the case of the informant that at about 10.00 p.m. the victim and her fiancée namely Ajay Kashinath Bhoir went to attend the said marriage ceremony of Ravi M. Wavare where they both of them dance in the said marriage.

(d) It is the case of the informant that at about 01.00 a.m. in the midnight, the victim and her fiancée namely Ajay Kashinath Bhoir came at the house of Ajay Kashinath Bhoir, at that time, the said Ajay Kashinath Bhoir went to inside his house in order to charge his mobile handset and victim was outside his house, at that