IMPORTANT POINT
The right to a speedy trial is a fundamental right under Article 21, and prolonged detention without trial is impermissible.

ORDER :

1. The petitioner has been arrested in connection with FIR No.246/2020 of Police Station Padampur, District Sriganganagar for the offence punishable under Sections 302, 147, 148, 149, 447, 430-A read with Section 120-B of IPC. He has preferred this third bail application under Section 439 Cr.P.C. (Section 483 BNSS).

2. Learned counsel for the petitioner submits that upto this time only ten prosecution witnesses have been examined out of total thirty three witnesses. Counsel further submits that later on other accused have been arrested and they have been charge-sheeted against, in which total fifty two witnesses have been cited in the list of witnesses. It is further argued that proceedings under Section 446 Cr.P.C. is going on against the petitioner and the trial is yet pending. The accused-petitioner is in judicial custody since 11.12.2020 and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

3. Learned Public Prosecutor has vehemently opposed the bail application.

4. I have considered the submissions made by both the parties and have perused the material available on record. The petitioner is in custody since 11.12.2020. The total projected witnesses of the prosecution as per the list of witnesses annexed with the charge- sheet are 33 to substantiate the charge, however, till date only 10 witnesses could have been examined. Looking to the snail’s pace progress of the trial, it can be assumed that some more time will be consumed in completion of the trial. As on date, it cannot be speculated that how much 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 the alleged crime, is not only deprived of his right to a speedy trial but his other fundamental rights like right to liberty, freedom of movement, freedom of practising