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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL
Dinesh @ Badshah – Appellant
Versus
State of Haryana – Respondent
JUDGMENT ;
SUMEET GOEL, J.
1. 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.6 dated 5.1.2025 under Sections 3(5) and 123 of Bharatiya Nyaya Sanhita, 2023 (Sections 238(a), 120(2) of BNS and Section 29 of Narcotic Drugs and Psychotropic Substances Act, 1985, added later on), registered at Police Station Bhiwani Sadar, District Bhiwani.
2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:-
‘The brief facts of the present case are as follows: On 05.12.2024, an intimation regarding one injured person, namely Sandeep son of Satbir, resident of village Dinod, was received from the hospital, Rohtak, in SUSPECTED POSITION. The said intimation for necessary action was marked on 05.01.2025 to HC Sandeep No. 810. Accordingly, HC Sandeep No. 810, along with HC Sanjay No. 969, proceeded to the hospital for necessary proceedings and sought medical opinion regarding the fitness of the injured to make a statement. The concerned doctor declared him "Unfit for Statement" in writing. At the hospital, Rajesh son of Satb
Prolonged detention without trial infringes on the fundamental right to life and liberty, necessitating bail even for serious offences if trial delays are unjustifiable.
The court emphasized the diminishing need for pre-trial detention when prosecution evidence nears completion, recognizing the accused's right to prepare a defense.
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.
Prolonged detention without trial violates the right to a speedy trial, and justifies bail even under stringent provisions of the NDPS Act.
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