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VIJAY BISHNOI
Virendrasingh @ Viriya – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
Mr. Vijay Bishnoi, J. - S.B. Criminal Misc. Bail Application No. 14262/2023 :-
Heard.
2. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is argued that the eye witness namely Umesh (PW-1), in his examination-in- chief, has not named the petitioner. It is further submitted that no other incriminating evidence is available on record to suggest that the petitioner was involved in the commission of crime in any manner.
3. Learned counsel has further submitted that the petitioner was arrested on 18.07.2019 and till date, the trial against him has not been concluded. It is, therefore, prayed that the petitioner may be enlarged on bail.
4. Per contra, learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed this bail application and argued that from the material collected by the police during the course of investigation, involvement of the petitioner in the commission of crime is writ large. It is further submitted that petitioner was enlarged on interim bail by this Court for a month, however, even after expiry of the interim bail period, the petitioner did not surrender himself b
Bail should be denied when the accused misuses interim bail and the trial is ongoing, reflecting the court's concern for the integrity of the judicial process.
The court highlighted the importance of expediting trials for individuals in prolonged custody to uphold the right to a timely trial.
The court granted bail on the grounds of prolonged detention without trial and lack of evidence indicating tampering, emphasizing the right to a fair trial.
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