The right to a speedy trial is fundamental under Article 21 of the Constitution, and prolonged incarceration without trial violates this right, warranting bail.

JUDGMENT :

Sandeep Sharma, J.

Bail petitioner namely Daleep Singh Negi, who is behind bars since 14.05.2024, has approached this Court in the instant proceedings filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita (hereinafter ‘BNSS’) for grant of regular bail in case FIR No.14 of 2024, dated 14.05.2024, under Sections 420 & 467 of Indian Penal Code, registered at Police Station New Shimla, District Shimla, Himachal Pradesh. Respondent-State has filed the status report and HC Vinod Kumar has come present with record. Record perused and returned.

2. Close scrutiny of record/status report made available to this Court reveals that on 14.05.2024 complainant Nishant got his statement recorded under Section 154 Cr.P.C., alleging therein that he had passed 10+2 and since March, 2024 had been looking for a job. He alleged that during the said period, he came in contact with Daleep Singh Negi (petitioner herein), who claimed himself to be a District Magistrate. He alleged that prior to his meeting with the bail-petitioner, his cousin Ritik Roshan had also met the bail-petitioner for issue of a licence. He alleged that bail- petitioner visited Deputy Commissioner’s office two or three times and thereafter, asked him as well as Ritik Roshan to fill up a form for the post of Forest Guard. He alleged that bail-petitioner assured them that he will get them job in Forest Department with salary of Rs.60-70,000/- per month. In nutshell, complainant alleged that bail-petitioner made them to shell out approximately Rs. 8,63,000/- for arranging job for them. He further alleged that the bail-petitioner fraudulently prepared appointment letter claiming the same to be issued by the Forest Department but once they approached Forest Department, same was found to be fake. In the aforesaid background FIR, detailed hereinabove, came to be lodged against the petitioner and since then, he is behind bars. Since investigation is complete and nothing remains to be recovered from the bail petitioner, prayer has been made on his behalf for grant of regular bail.

3. Mr. Servedaman Rathore, learned counsel for the petitioner, states that petitioner is behind bars for almost one year, but till date, prosecution has not been able to examine any witness and as such, petitioner is entitled to be enlarged on bail. He submitted that since, guilt, if any, of the petitioner is yet to be ascertained on the basis of evidence adduced on record by the prosecution, it is not permissible under law to keep the bail- petitioner behind the bars for an indefinite period. He further states that in catena of cases Hon’ble Apex Court has recently enlarged accused/under trials on account of inordinate delay in conclusion of trial. He also invited attention of this Court to judgments passed by this Court, wherein in similar facts and circumstances, bail petitions came to be allowed on account of inordinate delay in conclusion of trial.

4. Mr. Rajan Kahol, learned Additional Advocate General, while fairly admitting factum with regard to filing of the challan in the competent court of law, states that amount alleged to have been taken by the bail-petitioner from the complainant is yet to be recovered. He further states that otherwise also, keeping in view the gravity of offence alleged to have been committed by the petitioner, he does not deserve any leniency, rather he needs to be dealt with severely. He states that since charge stands framed and learned Court below has already fixed the matter for recording the statement of prosecution witnesses, prayer made on behalf of petitioner for regular bail on account of inordinate delay in conclusion of trial cannot be accepted.

5. Having heard learned counsel for the parties and perused material available on record, though this Court is not persuaded to agree with Mr. Servedaman Rathore, learned counsel for the petitioner, that bail-petitioner has been falsely implicated, but taking note of the fact that bail-petitioner is behind bars for