Back
HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE FARJAND ALI, J
VIJAY KUMAR S/O SIYARAM – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
(FARJAND ALI, J.)
1. The jurisdiction of this Court has been invoked by way of filing applications under Section 439 Cr.P.C. 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 | Under Sections 147, 148, 149, 323, 341, 302 and 427 of the IPC |
| 5. | Offences added, if any | -- |
| 6. | Date of passing of impugned order (S.B. CRLMBA No.1741/2024) | 20.11.2023 |
| 7. | Date of passing of impugned order (S.B. CRLMBA No.1880/2025) | 04.01.2025 |
2. It is contended on behalf of the accused-petitioners that no case for the alleged offences is made out against them 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-petitioners and they have been made accused based on conjectures and surmises.
3. 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.
4. Heard learned counsel for the parties and gone through the niceti
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 prolonged detention without trial infringes upon personal liberty.
The right to a speedy trial is fundamental, and indefinite incarceration without trial violates Article 21 of the Constitution.
The right to a speedy trial is fundamental, and indefinite detention without trial violates constitutional guarantees, necessitating bail for accused-petitioners.
Indefinite incarceration without trial violates the right to a speedy trial and the presumption of innocence, necessitating bail under Section 439 CrPC.
Inordinate delay in reporting a crime and contradictions in the victim's statements can create reasonable doubt, justifying the grant of bail.
Gravity alone cannot be a decisive ground to deny bail, rather competing factors are required to be balanced by court while exercising its discretion.
The court established that non-compliance with procedural safeguards in the NDPS Act can significantly impact the prosecution's case and the accused's right to bail.
Delay in criminal trial has been held to be in violation of right guaranteed to an accused under Article 21 of Constitution of India.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
