The right to a speedy trial is a fundamental right under Article 21, and undue delays in criminal trials may necessitate the grant of bail to the accused.

JUDGMENT :

(Virender Singh, J.)

Applicant-Tejender Singh has filed the present application, under Section 439 of the Code of Criminal Procedure (hereinafter referred to as ‘CrPC’), for releasing him on bail, during the pendency of trial, in case FIR No. 260 of 2019, dated 10th September, 2019, registered under Section 302 of the Indian Penal Code (hereinafter referred to as ‘IPC’), with Police Station Nalagarh, District Solan, H.P.

2. According to the applicant, he has falsely been implicated, in this case and he has nothing to do with the alleged offence, for which, he has been arrested by the police.

3. As per the applicant, he is a young man of 24 years and is in custody since 10th September, 2019. The investigation, according to him, is complete.

4. The applicant has asserted the fact that the prosecution has cited 43 witnesses, in this case, out of which, till date, only three formal witnesses have been examined.

5. In nut shell, the applicant has sought the relief of bail, on the ground of delayed trial.

6. On the basis of the above facts, Mr. Ritesh Bhardwaj, learned counsel appearing for the applicant, has stated that the long incarceration is nothing, but, the violation of his fundamental right, as provided under Article 21 of the Constitution of India.

7. Apart from this, the learned counsel appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, released on bail, during the pendency of the trial.

8. On the basis of the above facts, a prayer has been made to allow the bail application.

9. When put to notice, the police has filed the status report, disclosing therein, that on 10th September, 2019, a telephonic information was received in Police Station through 108 Control Room from mobile No. 78076 29889, to the effect that a quarrel had taken place at Lakhanpur, whereby a request has been made to send police, upon which, SI Dilbag Singh, alongwith other police official, had proceeded towards the spot. When, they reached at the spot, SI Dilbag Singh has informed the Incharge/Inspector, Police Station Nalagarh, qua the fact, that one Bhupender Singh, s/o Joginder Singh, r/o Lakhanpur, was lying dead in the pool of blood, upon which, Inspector/SHO Raj Kumar, alongwith other police official, reached at the spot.

9.1. On the spot, complainant Prem Singh, s/o Joginder Singh got recorded his statement, under Section 154 CrPC, disclosing therein that they are three brothers and four sisters and all are married. His brother Bhupender Singh is elder to him, who has constructed his house near the house of the complainant. The complainant, as well as, his elder brothers, Bhupender Singh and Avtar Singh are residing separately.

9.2. As per the complainant, on 9th September, 2019, after taking the meals, complainant and his family members had gone to sleep. On 10th September, 2019, at about 02.30 a.m., the complainant and his brother Bhupender Singh had gone to work on the tractor of one Kala, r/o Dherowal. They had gone there on the motorcycle of his brother Bhupender Singh. However, said Kala had refused to to load sand in the tractor, on the pretext that he was not well. Upon this, complainant and his brother Bhupender Singh had returned back at about 03.30 p.m. The complainant had gone to his home, whereas, Bhupender Singh had gone to his house. As soon as the complainant had gone to sleep, he heard the voice of his brother Bhupender Singh, stating that he has been killed by Roda, upon which, the complainant had rushed towards the house of Bhupender Singh. There, he noticed injury on the neck and back of his brother Bhupender Singh. Blood was oozing out of the said injury. Bhupender Singh, while talking to him, had fallen down and became unconscious.

9.3. It is the further case of the complainant that Roda @ Tejender Singh, s/o Baljeet Singh, r/o Lakhanpur (applicant) had killed his brother Bhupender Singh, with a sharp edged weapon and thereafter, fl