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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE GANESH RAM MEENA, J
Kavita D/O Shri Vijendra Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
GANESH RAM MEENA, J.
1. This criminal appeal has been preferred by the accused- appellant against the order dated 28.05.2024, passed by the Court of learned Special Judge, SC/ST (Prevention of Atrocities Cases), Alwar (for short ‘the trial Court’) in Bail Application No.220/2024(CIS No.211/2024) in connection with F.I.R. No.88/2024, registered at Police Station Aravali Vihar, District Alwar for the offences punishable under Sections 384, 388, 389 & 120B of IPC and Sections 3(2)(va) & 3(2)(v) of SC/ST (Prevention of Atrocities) Act, whereby the learned trial Court dismissed bail application filed by the accused-appellant.
2. Learned counsel appearing for the accused-appellant submits that the accused-appellant has been implicated in this case based on false and fabricated story. Counsel further submits that the F.I.R. was registered by the complainant, who is a Police Constable, on 06.02.2024 as regards the alleged incident dated 27.04.2021. She further submits that the accused-appellant, who is a woman, was arrested on 16.02.2024 and the Police after completion of investigation, submitted charge-sheet in the matter. Counsel also submits that the learned trial Court has framed
The right to a speedy trial under Article 21 is fundamental, and prolonged custody without trial can justify bail, especially when prosecution fails to produce witnesses.
The right to a speedy trial is fundamental, and indefinite detention without trial violates constitutional guarantees, necessitating bail for accused-petitioners.
Prolonged detention without trial infringes the constitutional right to liberty and a speedy trial, necessitating bail for the accused.
The accused's right to a speedy trial and the duty of the prosecution and the court to expedite the trial.
The right to a speedy trial is a constitutional guarantee under Article 21, and undue delays in trial proceedings can justify the granting of bail.
Grant of Bail - Right of under trial enshrined under Article 21 of the Constitution of India may be considered and protected inasmuch as they should not be compelled to serve maximum punishing.
Section 309 Cr.P.C. provides power to postpone or adjourn proceedings.
The court emphasized the need to balance the individual's right to personal freedom with the right of police investigation, and considered the delay in trial, lack of prima facie evidence, and absenc....
The right to a speedy trial is fundamental, and indefinite detention without trial violates constitutional guarantees, warranting bail.
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