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

JUDGMENT :

Sandeep Sharma, J.

Bail petitioner namely Hanuman, who is behind the bars for almost five and half years, has approached this Court in the instant proceedings filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail in case FIR No.93/2019, dated 23.9.2019, under Sections 302 and 201 of Indian Penal Code, registered at PS Haripur, District Kangra, Himachal Pradesh.

2. Pursuant to orders dated 2.1.2025 and 9.1.2025, respondent- State has filed the status report and ASI Chaman Lal, has come present with record. Record perused and returned.

3. Close scrutiny of status report/record reveals that on 23.9.2019, complainant Sh. Mohan Singh got his statement recorded under Section 154 CrPC, alleging therein that his son Ashwani Kumar i.e. deceased, had purchased a new Swift Car and had gone to Baijnath Nag Mandir on 22.9.2019, alongwith family. Complainant alleged that at 9:30am, all family members came back to the house and thereafter the deceased went towards Padiarkhar for parking the vehicle. He alleged that on same day at 11:30 am, his son informed that he is going to Palampur taking one passenger. He alleged that at 8:30pm, he called up his son, but he did not pick up the phone. He alleged that he as well as other family members repeatedly tried to contact deceased Ashwani Kumar as well as his friends, but in vain and as such, appropriate action in accordance with law be taken to trace his son. On the basis of aforesaid complaint made by the complainant, police after having lodged FIR detailed herein above started investigation and recovered the dead body of the deceased son from the railway line near Ranital. During investigation, it emerged that bail petitioner herein, who at the relevant time, was working in Indian Army, had killed deceased son of the complainant on the suspicion of illicit relationship of his wife with the deceased. Since 27.10.2019, petitioner is behind the bars. Since investigation is complete and nothing remains to be recovered from the bail petitioner, he has approached this Court in the instant proceedings for grant of regular bail on the ground of inordinate delay in conclusion of trial. Prior to filing of the petition at hand, petitioner had approached this Court by way of Cr.MP(M) No. 849 of 2024, which was dismissed as withdrawn vide order dated 8.5.2024 with a direction to the court below to conclude the trial expeditiously, preferably, within six months. Since despite there being aforesaid direction issued by this Court, court below has not been able to conclude the trial and as of today, 70 witnesses out of 84 witnesses remain to be examined, bail petitioner has approached this Court in the instant proceedings for grant of bail.

4. While fairly admitting factum with regard to filing of challan in the competent court of law, Mr. Rajan Kahol, learned Additional Advocate General, states that taking note of gravity of offence alleged to have been committed by him, he does not deserve any leniency and as such, prayer made by the petitioner for bail on the ground of delay cannot be accepted. He states that 14 prosecution witnesses out of 84 witnesses, already stand examined and for recording the statements of remaining witnesses, court below has already fixed the matter for 26.4.2025. While making this court peruse record, Mr. Kahol states that bail petitioner has committed heinous crime of murder by killing an innocent person on the suspicion of illicit relations of his wife with him. He states that since petitioner hails from the State of Haryana coupled with the fact that he has committed heinous crime of murder, it may not be in the interest of justice to enlarge him on bail because in that event, he may not only flee from justice but may also tamper with the prosecution evidence.

5. Having heard the learned counsel representing the parties and perused material available on record, this court is not persuaded to agree with Mr. N.K. Thakur, learned Senior co