IMPORTANT POINT
The right to a speedy trial is a fundamental right, and prolonged pre-conviction detention without trial is unconstitutional and unjustifiable.

ORDER :

Farjand Ali, J.

1. The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:

2. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.

3. Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

4. I have considered the submissions made by both the parties and have perused the material available on record. The incident took place on 26.02.2020. The petitioner came to be taken into custody on 03.03.2020. Now, more than four years have elapsed. The total projected witnesses of the prosecution as per the list of witnesses annexed with the charge- sheet are 43 to substantiate the charge, however, till date only 19 witnesses could have been examined. Looking to the snail’s pace progress of the trial, it can be assumed that a further more time will be consumed in completion of the trial. As on date, it cannot be speculated that how more time will be taken in completion of the judicial proceedings. This Court is of the view that an accused cannot be kept behind the bars in a pending trial for want of production of evidence against him. Only a reasonable period can be granted to the prosecution to lead the evidence so as to substantiate the charge. As on date, as per the theory of the criminal jurisprudence, it can be presumed that he is innocent until proven guilty. The right to have a speedy trial is guaranteed by the Constitution of India and the same cannot be snatched from him for the reason of seriousness or heinousness of the crime. In all cases, it is imperative upon the prosecution to adduce its evidence at the earliest, if the accused is languishing in jail. In respect of the right to grant bail in case of protraction of trial, an elaborate discussion has been made by this Court while deciding the S.B. Criminal Misc. Bail Application No.5916/2023 in the matter of Lichhman Ram @ Laxman Ram Vs. State, the relevant part of which would be apt to reproduce here which reads as under:-

7. This Court feels that the nature and gravity of offence and availability of material in support thereof are not the only factors to be taken into account while considering a bail application. The fact that trial is to be concluded within a reasonable period of time is imperative while considering grant of bail to an accused. It is settled principle of criminal jurisprudence that there is presumption of innocence at the pre-conviction stage and the objective for keeping a person in jail is to ensure his presence to face the trial and to receive the sentence that may be passed. This detention is not supposed to be punitive or preventive in nature. An accused is considered to be innocent until he or she or they are proven guilty in the court of law.

8. As per the fundamental rights granted to every citizen/person by the Constitution of India, the accused cannot be expected to languish in custody for an indefinite period if the trial is taking unreasonably long time to reach the stage of conclusion. An under trial prisoner, who is waiting for the trial to complete and reach a conclusion about his guilt for t