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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
AVTAR SINGH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
(KULDEEP MATHUR, J.)
This second application for bail under Section 439 Cr.P.C. (483 BNSS) has been filed by the petitioner who has been arrested in connection with F.I.R. No.202/2020, registered at Police Station Jamsar, District Bikaner, for offences under Sections 8/22 and 29 of NDPS Act.
2. Learned counsel for the petitioner submitted that the co-accused- Bhagwant Singh (S.B. Criminal Misc. 2nd Bail Application No.16000/2024) has already been enlarged on bail by the co- ordinate Bench of this Court vide order dated 03.02.2025. Learned counsel submitted that the case of the present petitioner is not at all distinguishable from that of the co-accused- Bhagwant Singh who has already been enlarged on bail.
3. Lastly, learned counsel for the petitioner submitted that the petitioner is in judicial custody since 17.12.2020 and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.
4. Per contra, learned Public Prosecutor has vehemently opposed the bail application. However, he was not in a position to refute the fact that the co-accused – Bhagwant Singh has already been enlarged on bail.
5. Heard learned couns
The right to a speedy trial under Article 21 of the Constitution takes precedence over statutory restrictions on bail, especially when the accused has been in custody for an unreasonable period.
Prolonged incarceration and lack of witness examination can justify bail under the NDPS Act, overriding statutory restrictions.
The court emphasized that the right to a speedy trial under Article 21 of the Constitution supersedes statutory restrictions on bail, allowing for the accused's release due to prolonged detention wit....
The right to a speedy trial is fundamental; prolonged detention without trial violates the accused's rights, warranting bail.
Prolonged incarceration and delays in trial can justify bail under Section 439 Cr.P.C., emphasizing the right to a speedy trial under Article 21.
Prolonged judicial custody and lack of prosecution witness examination justify granting bail under the NDPS Act.
Bail under Section 37 of the NDPS Act requires clear evidence of innocence and no likelihood of reoffending, especially for serious crimes.
Indefinite incarceration without trial violates the right to a speedy trial and the presumption of innocence, necessitating bail under Section 439 CrPC.
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