The right to a speedy trial is fundamental, and undue delays in trial can justify granting bail even in serious offences.

JUDGMENT :

Jyotsna Rewal Dua, J.

1. Petitioner is co-accused in FIR No.270/2018, dated 26.10.2018, registered under Sections 341, 382, 323, 504 and 376D of Indian Penal Code at Police Station Manali, District Kullu, H.P. He was arrested on 05.12.2018 and by means of the present petition, seeks enlargement on regularbail, primarily on account of delay in trial.

2. The prosecution case in nut shell is that a lady of Russian nationality (hereinafter referred to as the complainant) was admitted for treatment at Mission Hospital Manali. She lodged a complaint on 26.10.2018 that while coming alongwith her friend, Sh. Dinesh Baloon, from old Manali towards new Manali via Hadimba Temple road, at around 12 O’clock in the midnight, two unknown persons (present petitioner and one Sh. Sanjay) gave them beatings, abused in filthy language, snatched their belongings, compelled the complainant’s friend to go to ATM for giving them cash. The complainant further alleged that both the accused persons, including the present petitioner, brought her to a nearby forest and raped her. Whereafter, they left her in the forest. The complainant was taken to Mission Hospital Manali. On her statement, the FIR was registered.During investigation, with the help of CCT Camera Footage, both the accused persons were traced out. Their complicity was found in the incident and they were arrested on 05.12.2018. Medical examination of the complainant was got conducted. During investigation, it transpired that accused persons had committed sexual intercourse with the complainant using condoms. Spot was got identified from the accused persons as well. From the spot, used condoms were also recovered. Accused persons were also got identified from Sh. Dinesh Baloon by conducting test identification parade before the learned Magistrate. On completion of the investigation, charge sheet in the case was presented on 28.01.2019. Supplementary challan was presented on16.02.2021.

3. Learned counsel for the petitioner contended that the petitioner had no role in the commission of crime lodged against him. He is not connected in any manner with the case. There is no link evidence to show involvement of the petitioner in the case. Petitioner was apprehended after lapse of more than a month and only on the basis of suspicion. Medical evidence available on record of the case belies the prosecution version. Material witnesses examined by the prosecution have not supported the prosecution case. Learned counsel for the petitioner also pleaded that despite grant of several opportunities to prosecution, till date the complainant and her friend Sh.Dinesh Baloon have not turned up to depose before the Court. Due to delay owing to the prosecution, there is no possibility of conclusion of the trial in the near future. The petitioner, therefore, deserves to be enlarged on bail at this stage.Learned Additional Advocate General while opposing the bail plea, submitted that petitioner is charged with the commission of heinous offence. His involvement in the crime has been sufficiently proved during investigation. The petitioner does not deserve leniency at this stage when trial is underway and some of the material prosecution witnesses, including the complainant and her friend, are yet to be examined. It is also apprehended that the petitioner, if released on bail, may influence the remaining prosecution witnesses.

4. Consideration:

(i) Petitioner, seeks bail on ground of delay in trial. In Union of India vs. K.A. Najeeb, (2021) 3 SCC 713 Hon’ble Apex Court considered various judicial precedents where Article 21 of the Constitution of India was invoked in case of gross delay in disposal of cases of under trials and consequential necessity to release them on bail. The earlier decisions were reiterated that liberty granted by Part-III of the Constitution, would cover within its protective ambit not only due procedure and fairness, but also access to justice and speedy trial. It was held that once it is