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FARJAND ALI
Naresh Chandra S/o Late Jagram – Appellant
Versus
State Of Rajasthan, Through PP – Respondent
ORDER :
Farjand Ali, J.
Bail Appln. No.2898/2024
The bail application preferred on behalf of accused Naresh is sought to be withdrawn by the learned counsel for the Petitioner since the court is not inclined to grant bail to him. Still, he is permitted to withdraw the bail application. Accordingly, the bail application filed on behalf of petitioner Naresh Chandra is dismissed as withdrawn.
Bail Appln. No.9320/2024 & 9399/2024
1. The jurisdiction of this court has been invoked by way of filing the instant applications under Section 439 CrPC at the instance of accused-petitioners. The requisite details of the matter are tabulated herein below:
| S.No. | Particulars of the Case | |
| 1. | FIR Number | 189/2021 |
| 2. | Concerned Police Station | Manpur |
| 3. | District | Dausa |
| 4. | Offences alleged in the FIR | Sections 147, 148, 149, 323, 341, 302 & 427 of the IPC |
| 5. | Offences added, if any | Sections 323/149, 302 in alternate 302/149 of the IPC |
| 6. | Date of passing of impugned order (SBCRLMB No.9320/2024) | 11.07.2024 |
| 6. | Date of passing of impugned order (SBCRLMB No.9399/2024) | 17 |
The right to a speedy trial is fundamental, and prolonged detention without trial infringes upon personal liberty.
Prolonged detention without trial violates constitutional rights; bail granted due to insufficient evidence and delay in proceedings.
The right to a speedy trial is fundamental, and indefinite detention without trial violates constitutional guarantees, necessitating bail for accused-petitioners.
The right to a speedy trial is fundamental, and indefinite incarceration without trial violates Article 21 of the Constitution.
The gravity of the charges, the interest of society, and the likelihood of the accused being available for trial are crucial factors in deciding bail applications.
Delay in criminal trial has been held to be in violation of right guaranteed to an accused under Article 21 of Constitution of India.
The court ruled that the presumption of innocence and the right to a speedy trial necessitate the grant of bail when trial delays are unreasonable.
The court emphasized that bail should not be granted if there is a strong likelihood of witness tampering and the accused is charged with a serious offence.
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