Prolonged detention without trial infringes on the fundamental right to life and liberty, necessitating bail even for serious offences if trial delays are unjustifiable.

JUDGMENT :

SUMEET GOEL, J.

1. Present third 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 bearing FIR No.29 dated 13.02.2023, registered for the offences punishable under Sections 304 / 120-B of the Indian Penal Code, 1860 (for short ‘ IPC ’) [ Sections 21 /21-B/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) added later on], at Police Station Phillaur, District Jalandhar Rural.

2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:

“Statement of Kiran w/o Late Sanjay Kumar r/o Rishi Nagar ward no.10 P.S Phillaur District Jalandhar aged about 40 years mobile 82645-04704. Stated that I am resident of above mentioned address and am a house wife. My husband Sanjay Kumar has died 9 years ago. I have three sons i.e. elder is Rishu and younger to him was Vishu aged about 19 years and Anshuman is youngest to all. Vishu was addicted to drugs. I gave him medicine many a times to get rid of addiction. Yesterday on 12.02.2023, I went to market Phillaur for household work. When I came back at my home then there was a gathering of many persons. My son Vishu was lying unconscious in the house due to overdose. Chintu s/o Roop Lal r/o Rishi Nagar Ward No.10 P.S Phillaur District Jalandhar indulges in selling of Narcotics and use to inject intoxicating injections. I came to know that abovesaid Chintu injected heavy dose of intoxicating injection to my son due to which condition of my son became serious. I firstly took him to Arora Hospital at Phillaur where doctor referred him to DMC Hospital Ludhiana. I took my son to DMC Ludhiana for treatment where doctor declared him as dead. My son has died due to giving of dose of intoxicating injections by Chintu negligently. Statement got recorded which has been read over to me and same has been accepted as correct. I am giving my statement in presence of my brother Gagan. Sd/- Kiran (Punjabi) Sd/- Gagan (Punjabi) attested by Sd/- Jaswinder Singh ASI P.S Phillaur District Jalandhar dated 13.02.2023.”

3. Learned counsel for the petitioner has iterated that the petitioner is in custody since 21.02.2023. Learned counsel has further argued that prime material against the petitioner is on the basis of disclosure statement of co- accused, namely, Karamjit Singh @ Gagi. Learned counsel has further argued that offence under Section 304 of IPC is not made out from the factual milieu of the case in hand. Learned counsel has further iterated that the petitioner has suffered incarceration for more than 02 years. Thus, regular bail is prayed for.

4. Learned State counsel has opposed the present petition by arguing that the allegations raised against the petitioner are serious in nature and, thus, he does not deserve the concession of the regular bail. Learned State counsel seeks to place on record custody certificate dated 17.08.2025 in the Court today, which is taken on record.

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

6. The petitioner was arrested on 21.02.2023 whereinafter investigation was carried out and challan was presented on 29.07.2023. Total 24 prosecution witnesses have been cited, and only 01 has been examined and 01 has been examined partly till date. The rival contentions raised at Bar give rise to debatable issues shall be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the proces