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VIKAS BAHL
Gurmail @ Teli – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Vikas Bahl, J.
1. This is the third petition filed under Section 439 of Cr.P.C. for grant of regular bail to the petitioner in FIR No.244 dated 31.05.2019 registered under Sections 148, 341, 302, 120-B of the Indian Penal Code, 1860 read with Section 149 of IPC and Section 25 of the Arms Act, 1959 at Police Station City Kaithal, District Kaithal.
2. Learned counsel for the petitioner has submitted that the petitioner is in custody since 02.06.2019 (more than 4 years and 1 month) and investigation is complete and challan has been presented and there are 35 prosecution witnesses, out of which, only 14 witnesses have been examined and thus, the conclusion of trial is likely to take time. It is further submitted that the first bail application filed by the petitioner was dismissed as withdrawn at that stage on 17.08.2021 and the second bail application filed by the petitioner was dismissed as withdrawn at that stage on 27.07.2022 and in the order dated 27.07.2022, the trial Court was directed to expedite the trial proceedings but the trial still has not been concluded and several witnesses are yet to be examined. Reference has been made to various zimni orders, more so, zimni o
The decision to grant regular bail was based on the length of custody, lack of support from key prosecution witnesses, and the interpretation of the accused's role in the case as per relevant legal p....
The court emphasized that bail applications must be evaluated on their individual merits, irrespective of prior criminal history, especially when evidence is insufficient.
The fundamental right to a speedy trial and the changed circumstances justifying subsequent regular bail applications were central legal principles established in the judgment.
The role of the accused in the case and other circumstances should be considered in deciding a bail application, and criminal antecedents alone cannot be the basis for rejection of bail.
The court denied bail due to the serious nature of the charges and the risk of evidence tampering, emphasizing the need to balance individual liberty with justice.
The right to a speedy trial under Article 21 of the Constitution is paramount, and prolonged custody without trial can warrant the granting of bail.
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