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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE FARJAND ALI, J
Rajat @ Bablu – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
FARJAND ALI, J.
1. The jurisdiction of this court has been invoked by way of filing the second bail application under Section 439 CrPC at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:
| S.No. | Particulars of the Case | |
| 1. | FIR Number | 28/2021 |
| 2. | Concerned Police Station | Goluwala |
| 3. | District | Hanumangarh |
| 4. | Offences alleged in the FIR | Sections 302, 459, 365, 147, 148, 149 of the IPC |
| 5. | Offences added, if any | Sections 449 & 364 of the IPC |
| 6. | Date of passing of impugned order | 11.11.2024 |
2. The first bail application of petitioner came to be dismissed by the Coordinate Bench Court vide order 01.05.2024 passed in S.B. Criminal Misc. Bail Application No.6558/2022.
3. It is contended on behalf of the accused-petitioner is behind the bars since 16.03.2021 and that no case for the alleged offences is made out against him and his incarceration is not warranted. There are several flaws and laches in the case of the prosecution. 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.
4. Contrary to the submissions of learned counsel for the peti
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.
The right to a speedy trial is fundamental, and indefinite detention without trial violates constitutional guarantees, warranting bail.
The right to a speedy trial is fundamental, and prolonged detention without trial violates Article 21 of the Constitution.
The right to a speedy trial is a fundamental right under Article 21, and prolonged detention without trial violates this right.
An accused's right to a speedy trial is paramount, and prolonged incarceration without trial infringes upon fundamental rights.
The right to a speedy trial is fundamental under Article 21, and prolonged incarceration without trial violates this right, warranting the grant of bail.
The right to a speedy trial is fundamental, and prolonged detention without trial violates the accused's rights, warranting bail.
The right to a speedy trial is fundamental; prolonged detention without trial violates the accused's rights, warranting bail.
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