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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
FARJAND ALI
Yashpal @ Chhotiya, S/o. Dayaram – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
ORDER :
FARJAND ALI, J.
1. The jurisdiction of this court has been invoked by way of filing an 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 | 1005/2019 |
| 2 | Concerned Police Station | Behror |
| 3 | District | Bhiwadi |
| 4 | Offences alleged in the FIR | Sections 143, 302 and 120-B of the IPC and under Section 3/25 of the Arms Act |
| 5 | Offences added, if any | Section 212 of the IPC |
| 6 | Date of passing of impugned order | - |
2. Briefly, the facts of the case are that The complainant, Satyanarayan, filed a written report at Police Station Behror on 26.11.2019, stating that on 25.11.2019, he had gone to his sister’s residence in the village Gunti. Around 8:00–8:30 PM, his brother Bharat Singh informed him over the phone that Anil Yadav had been shot in the neck and chest by Chhotiya and three to four of his accomplices near the Haryana–Rajasthan border around 6:30–7:00 PM. Anil Yadav, grievously injured, had fallen on the roadside. Rinku and Pradeep immediately took him to Kailash Hospital, Behror.
2.1. The complainant, accompanied by his younger son Manoj, reached Kailash Hospital, where Anil Yadav w
Bail should be granted in cases of unreasonable trial delay, reflecting the presumption of innocence and ensuring fundamental rights are protected according to criminal jurisprudence.
The right to bail is affirmed, emphasizing that no individual should suffer indefinite pre-trial incarceration without due judicial process, particularly when evidence against the accused is lacking.
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.
An undertrial must not be confined indefinitely; a reasonable period is necessary for a trial's completion, protecting the accused's fundamental rights.
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 prolonged detention without trial infringes on personal liberty, necessitating bail.
The right to a speedy trial is a fundamental right under Article 21, and prolonged detention without trial is impermissible.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution of India, and prolonged pre-trial detention without a timely trial is a violation of this right.
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