Prolonged pre-trial detention over 4 years with trial delay and co-accused on bail violates right to speedy trial under Article 21, obligating courts to grant bail unless risks justify continued custody.

JUDGMENT :

Virender Singh, J.

By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), applicant-Mandeep has sought his release, on bail, during the pendency of trial, in case FIR No.57 of 2021, dated 22.02.2021, registered under Sections 302, 120B and 201 of the Indian Penal Code (hereinafter referred to as ‘IPC’), with Police Station Nalagarh, District Solan, Himachal Pradesh.

2. According to the applicant, he is resident of the address, as mentioned in the application and is having deep roots in the society.

3. As per the applicant, he has falsely been implicated, by the police, in the present case, as, there is no evidence, connecting him, with the crime, in question. The applicant is stated to be in judicial custody since 25.02.2021.

4. As per applicant, he had earlier tried his luck by moving similar bail application, before the learned Additional Sessions Judge, Nalagarh, District Solan, H.P. However, the same was rejected vide order dated 05.07.2025.

5. It is the case of the applicant that despite such a long period in the judicial custody, trial against him has not been concluded.

6. In order to buttress his contention, it has also been pleaded in the application that there are total 51 prosecution witnesses, out of which, only 16 prosecution witnesses have been examined and on the basis of above fact, it has been pleaded that inordinate delay, in conclusion of the trial, violates his precious right, under Article 21 of the Constitution of India.

7. The applicant has put forward his young age of 24 years, as one of the grounds, for seeking the relief of bail.

8. Learned counsel appearing for the applicant has submitted that even, on the ground of parity, the applicant is entitled to be released on bail, as his co- accused, namely Sanjay Sharma and Hom Dei @ Shallu, have already been released on bail, by this Court, vide order dated 08.11.2024, passed in Cr.MP(M) No. 2212 of 2024, titled as ‘ Sanjay Sharma Vs. State of Himachal Pradesh ’ and order dated 09.05.2025, passed in Cr.MP(M) No. 814 of 2025, titled as ‘ Hom Devi @ Shallu Vs State of Himachal Pradesh ’.

9. Apart from this, learned counsel, appearing for the applicant, has given certain undertakings, for which, the applicant is ready to abide by, in case, ordered to be released on bail, during the pendency of the trial.

10. On the basis of the above facts, a prayer has been made to allow the bail application.

11. When put to notice, the police has filed the status report, disclosing therein, that on 22.02.2021, an information was given by Pradhan GP Saned, over telephone, which has been entered as Rapat No.14, at 08:17am.

11.1. As per the said information, near Cow Shelter at Bhagwania, dead body of a boy, aged about 12-13 years, is lying there, upon which, SI Babu Ram, along with other police officials, reached there. At the spot, they noticed that the dead body was in a jute sack. Photography of the dead body was done and efforts to get the said dead body identified were made, but, no one could identify the same.

11.2. It is the further case of the prosecution that at the spot, complainant-Mehar Chand got recorded his statement to the police, under Section 154 Code of Criminal Procedure (hereinafter referred to as the ‘CrPC’), disclosing therein that he is resident of Village Handa Khundi, Nalagarh, District Solan and is a contractor. His wife is Pradhan of Gram Panchayat, Saned.

11.3. As per the statement, on