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SUMEET GOEL
X (36426) – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Mr. Sumeet Goel, J. (Oral):- Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the petitioner in case FIR No.51 dated 01.8.2023, under Sections 376 of IPC (Section 506 IPC added later on) and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (Amended 2019), registered at Police Station Bhadson, District Patiala.
2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:-
The right to a speedy trial under Article 21 of the Constitution is fundamental, and undue incarceration due to prosecution delays warrants bail.
The court emphasized the diminishing need for pre-trial detention when prosecution evidence nears completion, recognizing the accused's right to prepare a defense.
Prolonged detention without trial infringes on the fundamental right to life and liberty, necessitating bail even for serious offences if trial delays are unjustifiable.
Bail can be granted if the petitioner is a young first-time offender without evidence of flight risk or witness tampering, despite serious allegations against him.
The court established that the welfare of women and the right to a speedy trial are critical factors in bail considerations, especially in cases involving serious allegations.
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