The right to a speedy trial is fundamental, and prolonged detention without trial violates this right, warranting bail for the petitioner.

Order :

KULDEEP MATHUR, J.

1. This application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with FIR No.28/2015 registered at Police Station Sandva, District Churu, for offences under Sections 302, 302/149, 341 & 148 of IPC and Section 27 of Arms Act.

2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

3. Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 28.03.2018. Learned counsel submitted that the co-accused persons namely Devendra Pal @ Gattu (S.B. Criminal Miscellaneous Bail Application No.5873/2023) and Jitendra Singh @ Jeetu Charan (S.B. Criminal Miscellaneous 4^th Bail Application No.2543/2023) have already been enlarged on bail by the co-ordinate Benches of this Court vide orders dated 03.10.2023 and 05.12.2023 respectively. Learned counsel further submitted that three more co-accused persons namely Tejpal Singh, Azad Singh and Balveer have already been enlarged on bail by the competent Criminal Court vide orders dated 12.10.2023, 07.11.2023 and 05.12.2023 respectively.

4. Drawing attention of the Court towards the challan papers and the FIR, learned counsel for the petitioner submitted that the case of the present petitioner is not worse than the case of the above named co-accused persons who have already been enlarged on bail. Learned counsel further submitted that the petitioner has suffered incarceration for more than 7 years and out of the total 87 listed witnesses, the testimony of only 12 witnesses have been recorded before the trial Court so far. On these grounds, learned counsel prays that the petitioner may be enlarged on bail.

5. Per contra, learned Public Prosecutor has vehemently opposed the bail application. Learned Public Prosecutor submitted that the petitioner is a habitual offender and looking to the seriousness of allegations levelled against the present petitioner, he does not deserve to be enlarged on bail. However, he was not in a position to refute the fact that the above named co-accused persons have already been enlarged on bail by the co-ordinate Benches of this Court as well as the trial Court.

6. Heard learned counsel for the parties at Bar and perused the material available on record.

7. The operative part of the order dated 03.10.2023 passed by the co-ordinate Bench of this Court while granting bail to the co-accused Devendra Pal @ Gattu reads as under:-

“The petitioner is said to be in custody since 18.03.2018 and as such he has remaned five years and six month in custody. A total projected witnesses of the prosecution are 87 in numbers, out of which, as apprised to this court by learned counsel Mr. Pradeep Choudhary that till date; a total number of 12 witnesses have been examined in the trial. In the initial FIR, name of the petitioner was not there and his name was inducted at a subsequent stage and after three years his identification was made and he was booked on the basis of identification parade. Every individual has a right to have speedy trial and an enshrined under the Constitution of India. It can be assumed from the snail’s pace progress of the trial that it may take further 5 to 10 years in reaching on a legitimate conclusion and till then, keeping the petitioner behind the bars would surely tantamount to a direct violation of his fundamental right. Thus looking to the period of custody, he may be released on bail.

3. He further contends that there are no factors at play in the case at hand that may work against grant of bail to the accused- petitioner and he/she has been made an accused based on conjectures and surmises.

4. Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

5. Have considered the submissions made by both the parties and have perused the material available on