Prolonged incarceration of undertrials due to trial delays violates Article 21 right to speedy trial, entitling bail after over 2.5 years custody with minimal trial progress and no tampering risk.

JUDGMENT :

SUSHIL KUKREJA, J.

1. Since both these bail applications arise out of FIR No. 90/2022, dated 28.11.2022, they were heard together and are being disposed of by this common order.

2. The instant bail applications have been filed by the petitioners under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for grant of bail in case FIR No. 90/2022, dated 28.11.2022, under Sections 302 & 34 of the Indian Penal Code (for short “IPC”), registered at Police Station Nirmand, District Kullu, H.P.

3. Briefs of the case, as per the status report filed by the respondent/State, are that on 29.11.2022 the statement of complainant Sumit Kumar recorded by ASI Man Dev under Section 154, Cr.P.C., was received at Police Station Nirmand, wherein, he stated that he had been residing at Bahawa alongwith his mother for the last ten years and they were running a hotel/dhaba at Nirmand and these days, they had taken a plot from the local administration for running dhaba in the fair. On 28.11.2022, at about 8:15 P.M., while he was serving food to his customers at his shop, he heard the noise of quarrelling from the western corner of the ground where the swings were installed. He immediately rushed to the spot and saw that two-three persons were giving beatings to a person/the victim, out of them, two persons were Pawan (petitioner herein) and Praveen, who were known to him. Petitioner Pawan Kumar was hitting repeatedly on the head of the victim, namely, Rameshwar, while Praveen Kumar was giving beatings with kick and first blows and he was also saying "maro saale ko". Due to the beatings given by accused persons, the victim had fallen on the ground and thereafter the accused persons left the spot. The complainant telephonically informed the police, as the victim had expired due to the beatings given by the aforesaid accused persons. On the basis of his statement, the FIR in question was registered against the accused persons.

4. During the Course of investigation, petitioner Pawan Kumar and accused Praveen Kumar were arrested on 29.11.2022 and thereafter the other co-accused Vishal (petitioner herein) was also arrested on the said date. During investigation, it was found that one Paras Ram was allotted the plot, whose brother Sher Singh was running a ring game and the accused persons were also running a chowmin shop/dhaba and there was a dispute about running the ring game in violation to the terms and conditions of the administration, which had resulted into a quarrel between the parties. On completion of the investigation, the charge-sheet was filed before the trial Court .

5. The bail applications have been filed by the petitioners on the ground that they are innocent and are in judicial custody since 29.11.2022. Learned counsel for the petitioners contended that there is inordinate delay in conclusion of trial, which infringes upon the right of speedy trial of the petitioners, as out of total 21 witnesses cited by the prosecution, till date, only 09 prosecution witnesses have been examined and the trial is not going to be completed in near future as such, they are entitled to be released on bail on the ground that their right of speedy trial has been violated. They also contended that no fruitful purpose would be served by keeping them behind the bars for an unlimited period as co-accused Praveen Kumar has already been released on bail by this Court, as such, the petitioners also deserve to be released on bail on the ground of parity.

6. Per contra, the learned Deputy Advocate General has opposed the application on the ground that the petitioners are involve