IMPORTANT POINT
The right to a speedy trial is a fundamental right, and prolonged detention without trial is a violation of personal liberty.

ORDER :

(Farjand Ali, J.) :

1. The jurisdiction of this court has been invoked by way of filing the instant fourth bail application under Section 439 CrPC at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:

2. Brief facts of the case are that on 12.11.2020 the complainant Lal Singh Yadav submitted a written report to the SHO, RAC Police Center, Gangashahar, Bikaner alleging inter alia that on pervious night i.e. on 11.11.2020 at about 11:00-11:30 p.m. Aarif visited his house and told him that a quarrel took place with Sonu Yadav in the mines, whereupon he immediately rushed there and saw that Nitin was lying dead and his head was crushed; two boys namely Nakul Yadav and Saurabh Yadav were present there. It was further stated in the report that when the complainant reached at the spot he asked Aarif regarding unfortunate incident, who told him that there was a money transaction between Nitin and Sonu due to which hot altercation took place between them resulting which Sonu instructed his driver who was sitting on the driving seat of JCB and was filling the dumper to come down as he sat on the driving seat and crushed the head of Nitin by the front part (i.e. loader) of the JCB; He inquired from two boys who were standing at the spot, they disclosed that when they were passing through the Gundiwale Hanuman Temple towards village, they saw that Aarif was running from the Mudiya mine and heard some noise upon which they reached at the spot and saw that Sonu was on JCB, Ajit Singh was driving a dumper and a boy named Sonu Sharma who was on Alto 800 were fleeing away from the spot and Nitin’s head was crushed. It was further stated in the report that Sonu Yadav’s father was serving under the Rajasthan Police department thus, he was indulged in illegal mining activities. On the basis of the above report, an FIR No.250/2020 was registered for the offence under Section 302 of the IPC and investigation commenced.

3. The first second and third bail application being SBCRLMB Nos.566/2022, 6539/2023 & 4260/2024 filed on behalf of the petitioner were dismissed by this Court vide orders dated 25.02.2022, 13.10.2023 & 20.04.2024. While dismissing the 3rd bail application, this Court has directed as under:-

1. After arguing to some extent, learned counsel for the applicant seeks withdrawal of the instant bail application.

2. Accordingly, the instant bail application is dismissed as withdrawn.

3. Noticing that the petitioner is behind the bars since 12.11.2000 and the trial is not going to be culminated in a near future. Looking to the snail’s pace progress of the trial, now it can be assumed that further more time shall be taken. Having speedy trial is an indefeasible fundamental right of every accused.

4. In this view of the matter, the learned trial Court is directed to make all sincere endeavors to complete the trial as expeditiously as possible. If the witnesses are not turning up despite issuance of summons, then compelling process shall be issued.

5. The Director General of Police, Rajasthan Jaipur is also directed to instruct the Police Officers who are witnesses in this case to appear before the trial Court on the given date. The trial shall be tried to be completed within a period of four months after receipt of a copy of this order.

6. Needless to say that if the trial is not completed as directed above, the petitioner would be at liberty to approach this Court again directly.

Yet the trial has not been concluded. Hence, the instant bail application.

4. 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. He