IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NEERJA K.KALSON
Vinay Alias Moni – Appellant
Versus
State Of Haryana – Respondent
| Table of Content |
|---|
| 1. overview of charges and factual complaint allegations. (Para 1 , 2) |
| 2. parties argument: bail, delay in trial, and counter-blast allegations. (Para 3 , 4) |
| 3. right to speedy trial outweighs pretrial detention. (Para 5 , 6) |
| 4. order granting bail with mandatory procedural conditions. (Para 7 , 8 , 9 , 10 , 11) |
JUDGMENT :
NEERJA K. KALSON , J .
1. The present petition has been filed under Section 483 of the Bhartiya Nagarik Suraksha Sanita, 2023 seeking grant of regular bail to the petitioner in case bearing FIR No.85 dated 17.06.2025 (Annexure P-1), under Sections 351(3), 64(1), 69, 77 BNS, 2023 ( Section 77 of , 2023 and Section 67-A of IT Act added later on), registered at Police Station Machhorli, District Jhajjar.
2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:
“Sir I xxxxx aged about xxx years d/o xxxx and is resident of village xxxx, District xxxxx and make a complaint to you that: 1. That Vinay @ Moni of my village used to talk to me on phone and slowly slowly we started meeting each other and after some days Vinay assured me of marrying me and tried to establish sexual relation with me but I refused
The right to a speedy trial and personal liberty are fundamental. When a trial is unlikely to conclude in the near future and the accused has undergone significant incarceration, bail should be grant....
The right to a speedy trial under Article 21 of the Constitution is fundamental, and undue incarceration due to prosecution delays warrants bail.
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