The right to a speedy trial is a constitutional guarantee under Article 21, and undue delays in trial proceedings can justify the granting of bail.

JUDGMENT :

Rakesh Kainthla, J.

The petitioner has filed the present petition for seeking regular bail. It has been asserted that the petitioner was arrested vide F.I.R. No. 90 of 2021, dated 16.09.2021, registered for the commission of offences punishable under Sections 137(2), 87 and 64 of Bhartiya Nyaya Sanhita (BNS) (sic) and Section 6 of Protection of Children from Sexual Offences Act (in short POCSO Act) at Police Station Kala Amb District Sirmaur, H.P. The petitioner and the victim were known to each other and they belong to the same religion. The petitioner had married the victim and she asserted this fact in her statement recorded under Section 164 Cr.P.C. The victim remained with the petitioner for almost 18 months. The FIR was lodged at the instance of the victim's parents. The petitioner is a 23-year-old boy who has been behind bars for about three years. The victim has been examined and there is no reason to detain the petitioner in custody. The prosecution has cited 25 witnesses but has not completed the evidence so far even though three years have elapsed since then. The petitioner would abide by all the terms and conditions, which the Court may impose; hence, the petition.

2. The petition is opposed by filing a status report. It was asserted that the victim’s father made a complaint that the victim was found missing on the intervening night of 15.09.2021/16.09.2021. The age of the victim was 13 years. The police conducted the investigation. The victim and the petitioner were recovered at Sikhri Palwal (Haryana). The statement of the victim was recorded under Section 164 of Cr.P.C. The victim was born on 11.01.2008 and was aged 13 years 8 months and 5 days at the time of the incident. The police searched for the marriage record but could not find any such record. Since the victim was a minor; therefore, an offence punishable under Section 6 of the POCSO Act was added. As per the report of the analysis, the DNA of the victim was found on the Gamcha and used condoms. The DNA of the petitioner matched with the DNA picked from the victim’s underwear. As per the Medical Officer, there was nothing to suggest that sexual intercourse had not taken place. The challan has been filed, which is pending before learned Special Judge, Fast Track Court (Rape and POCSO), Sirmaur, at Nahan. 13 witnesses have been examined and the matter is now listed for the prosecution evidence on 17.03.2025 and 18.03.2025. FIR No. 77 of 2016 for the commission of offences punishable under Sections 363 and 366 of IPC and Section 4 of the POCSO Act was registered against the petitioner in Police Station Sadar, Yamunanagar. The petitioner was acquitted on 19.12.2016 in the proceedings arising out of the said FIR. The petitioner had absconded and he can again abscond in case of his release on bail; therefore, it was prayed that the present petition be dismissed.

3. I have heard Mr. Kulwant Singh Gill, learned counsel for the petitioner and Mr. Sumit Sharma, learned Deputy Advocate General for the respondent/State.

4. Mr. Kulwant Singh Gill, learned counsel for the petitioner submitted that the petitioner is innocent and he was falsely implicated. He had married the victim and she had stated this fact before the learned Judicial Magistrate, 1^st Class in her statement recorded under Section 164 of Cr.P.C. The petitioner was acquitted in the proceedings arising out of the FIR No.77 of 2016 and no case is pending against him. The petitioner has been in judicial custody for more than three years and the prosecution has not completed the evidence. His right to speedy trial has been violated and he is entitled to bail. He relied upon the judgment of the Hon’ble Supreme Court in Mohammad Enamul Haque versus Directorate of Enforcement, 2024 SCC Online SC 4069 in support of his submission.

5. Mr Sumit Sharma, learned Deputy Advocate General for the respondent/State submitted that the petitioner was involved in the commission of a heinous offence. There was no delay