The right to a speedy trial under Article 21 of the Constitution is fundamental, and undue incarceration due to prosecution delays warrants bail.

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:-

‘At this time this one statement of XXXX has been received for registration of FIR against XXXX the subject of which is,” Stated that I am a resident of the said address and do housework. I had 4 children out of which two boys and 2 girls were born. That my elder boy named XXXX, younger girl XXXX, younger XXXX and the youngest boy named XXXX were born to him. My both girls are always married and my both sons are dead. My elder son XXXX got separated from my daughter-in-law XXXX in 2013. My son XXXX died in the year 2018. I have a daughter XXXX aged about 15 years who lives with me in my house, who told me today that our village boy XXXX, when I went to the fields of village XXXX on 25th June 2023 to cut the fodder, XXXX forced me in the corn crop and had sexual relations and XXXX asked me to have sexual relations with him and said that if you tell anyone about this or say anything, your family and you will be harmed. My granddaughter XXXX told me and he is forcing my granddaughter to have sexual relations again, so I consulted my relatives and was coming to the police station to report my daughter XXXX along with me. You have met me at XXXX, you have written a statement and i have heard, it is correct. Action should be taken against XXXX. RTI xxx above said, endorsed by XXXX Verification True XXXX Police Station XXXX Date: 01/08/2023’

3. Learned counsel for the petitioner has argued that the petitioner is in custody since 01.8.2023. Learned counsel has further argued that the prosecution is bringing forward its witness in a lackadaisical manner before the trial Court on which account the petitioner is forced to suffer undue incarceration. Learned counsel has further submitted that the prime prosecution witness, the victim, is not turning up despite multiple opportunities having been afforded by the trial Court in this regard. Learned counsel has further argued that the petitioner has been falsely implicated in the present FIR and there is no medical evidence available on record, so far, so as to substantiate the case of the prosecution. To buttress his arguments, learned counsel for the petitioner has relied upon the orders passed by the trial Court dated 21.5.2024, 4.6.2024, 5.7.2024, 18.7.2024 as also 2.8.2024. Thus, regular bail is prayed for.

4. Learned State counsel has opposed the present petition by arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of the regular bail. Learned State counsel seeks to place on record custody certificate dated 15.9.2024 in Court, which is taken on record.

5. I have heard counsel for the parties and have gone through the available records of the case.

6. At this juncture, it is noticeable that the petition in hand is third petition moved on behalf of the petitioner for grant of regular bail. The first petition was dismissed as withdrawn on 25.4.2024 and the order passed therein reads as under:

‘1. Learned counsel for the petitioner seeks to withdraw the present petition at this stage.

2. Dismissed as withdrawn at this stage.

3. Pending application(s), if any, shall also stand disposed off.’

7. The second petition preferred by the petitioner was dismissed as withdrawn on 17.7.2024 and the said order reads as under:

‘1. Learned counsel appearing for the petitioner seeks to withdraw the present petition so as to enable the petitioner to file an appropriate petition/application, in accordance with