The right to a speedy trial is fundamental; prolonged detention without trial violates the accused's rights, warranting bail.

ORDER :

KULDEEP MATHUR, J.

1This second application for bail under Section 483 of BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.228/2022 registered at Police Station Suratgarh City, District Sri Ganganagar, for offences under Sections 8/21, 22 and 29 of the NDPS Act.

2. Learned counsel for the petitioner submitted that the co- accused Allarakha (S.B. Cr. Misc. Bail Application No.323/2024) has already been enlarged on bail by a coordinate Bench of this Court vide order dated 02.12.2024. Learned counsel submitted that the case of the present petitioner is not distinguishable from that of the co-accused Allarakha who has already been enlarged on bail.

3. Learned counsel submitted that the petitioner is in judicial custody; investigation has already been completed and the trial of the case is likely to consume sufficiently long time. On these grounds, he implored the Court to enlarge the petitioner on bail.

4. Per contra, learned Public Prosecutor has opposed the bail application. However, he was not in position to refute the fact that the case of the present petitioner is not distinguishable from that of co-accused Allarakha who has already been enlarged on bail by a coordinate Bench of this Court.

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

6. The order dated 02.12.2024 is reproduced herein below for ready reference:

“1. The jurisdiction of this Court has been invoked by way of filing the instant bail application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:

2. Briefly stated, facts of the case are that on 12.05.2022 at05.40 p.m., Mr. Motaram, SI, Officiating SHO, Police Station Suratgarh with his team intercepted a Swift car on the road going from Manaksar to Vijaynagar near DPS School. In the said car bearing registration No.RJ-44-CA-0416 two persons, namely, Allarakha and Salim Khan were sitting. On search being conducted, 18 grams smack and 2000 number of Tramadol HCE SR 100 mg TMD-100 SR having weight 642 grams were recovered from their possession, upon which the accused were arrested and after usual investigation, a charge-sheet for the offences under Section 8/21, 22 and 29 of the NDPS Act was submitted against them.

3. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him 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- petitioner and he has been made an accused based on conjectures and surmises. There is gross negligence on part of the investigating agency and the mandatory provisions of the NDPS Act have not been followed during investigation. The trial is going on at a snail's pace as out of 24 witnesses, only 2 have been examined so far. The petitioner is languishing in jail for last 2 years and 7 months and the trial is likely to take a lot of time.Hence, it is prayed that the petitioner may be released on bail.

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. I have considered the submissions made by the parties and have perused the material available on record.

6. Perusal of the record revealing that the petitioner is behind the bar for last more than 2 years and 7 months and out of total 24 witnesses, only 2 witnesses have been examined in the trial till date, thus, looking to the snail's pace progress of the trial, he has again approached this Court for protecting his lib