FARJAND ALI
Mohit Kumar, S/o. Shri Kesaram – Appellant
Versus
Union Of India, Through NCB – Respondent
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:
| S. No. | Particulars of the Case | |
| 1. | FIR Number | VIII(10)16/NCB/JZU/2020. |
| 2. | Concerned Police Station | NCB Jodhpur. |
| 3. | District | Jodhpur. |
| 4. | Offences alleged in the FIR | U/Sec. 8/21, 22, 27-A, 29 of NDPS Act. |
| 5. | Offences added, if any | -- |
| 6. | Date of passing of impugned order | 04.09.2024. |
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 Special Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.
4. I have consid
Abdul Rehman Antulay & Ors. Vs. R.S. Nayak & Ors.
Abdul Rehman Antulay v. R.S. Nayak reported in (1992) 1 SCC 225
Gudikanti Narasimhulu & Ors. v. Public Prosecutor, High Court
Kadra Pahadiya & Ors. v. State of Bihar
Maneka Gandhi Vs. Union of India (UOI) and Ors.
Mohd Muslim @ Hussain v. State (NCT of Delhi) reported in 2023 INSC 311
Satender Kumar Antil v. Central Bureau of Investigation reported in (2022) 10 SCC 51
The right to a speedy trial is a fundamental right under Article 21, and prolonged detention without trial violates this right.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and prolonged detention without trial is unjust.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and prolonged detention without trial is impermissible.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and prolonged detention without trial is a violation of this right.
Prolonged pre-trial detention violates the fundamental right to a speedy trial, necessitating bail for the accused.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and prolonged detention without trial is unjust.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and prolonged detention without trial is unjustifiable.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and prolonged detention without trial violates this right.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and prolonged detention without trial is unjust.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution of India, and prolonged pre-trial detention without a timely trial is a violation of this right.
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