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JASJIT SINGH BEDI
Prince – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
JASJIT SINGH BEDI, J.
The Prayer in this petition under Section 439 Cr.PC is for the grant of regular bail in case FIR No.0477 dated 22.12.2022 under Sections 323, 342, 379-B, 384, 506, 34 IPC registered at Police Station Beri, District Jhajjar.
2. The instant FIR came to be registered on the statement of Nitish son of Surender who stated that Prince (petitioner), Aman, Takdir and one unknown person kidnapped him, beat him up, confined him in a room of a house, snatched his phone and cash and attempted to extort money from him.
3. The learned counsel for the petitioner contends that the allegations levelled against the petitioner are baseless. The FIR had been registered after a delay of 2 days which completely falsifies the case of the prosecution. The petitioner was in custody since 21.07.2023, the investigation stood completed but none of the 13 prosecution witnesses had been examined so far and, therefore, the trial of the present case was not likely to be concluded anytime soon. As a compromise had been arrived at between the parties, he was entitled to the concession of bail.
4. The Counsel for the State on the other hand contends that allegations levelled against the p
The completion of investigation, delay in trial, and the compromise reached between the parties can be considered as grounds for granting bail in certain cases.
The main legal point established is that the age, first-time offender status, and prolonged custody of the accused can be considered as grounds for granting regular bail, even without commenting on t....
The right to a speedy trial under Article 21 of the Constitution of India can dilute the rigors of Section 37 of the NDPS Act, particularly in cases involving first-time offenders and prolonged custo....
The court granted bail due to prolonged custody and lack of specific allegations against the petitioner, emphasizing that unnecessary incarceration should be avoided.
The seriousness of the charge alone cannot be the ground to deny bail, especially when the trial is at an advanced stage and the accused has no criminal antecedents.
The court considered the nature of injuries, absence of weapons, and the petitioner's young age and first-time offender status in granting bail.
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